Terms of Use

These Terms of Use ("Terms") are an agreement between you and ThinkFraction LLC ("ThinkFraction"). They cover your use of our website, thinkfraction.xyz ("Site"), and our AI assessment ("Assessment"). In these Terms, "we," "us," and "our" mean ThinkFraction, and "you" means you and the business you represent.

By using the Site, or by checking the consent box and starting the Assessment, you agree to these Terms and confirm that you have read our Privacy Policy. If you use the Site or the Assessment for a business, you agree on that business's behalf and confirm that you have authority to do so. If you don't agree, please don't use the Site or the Assessment.

If you hire ThinkFraction under a signed services agreement, that agreement covers that work. If it conflicts with these Terms, the signed agreement controls.

1. Who can use the Site and the Assessment?

1.1 You must be at least 18 years old and using the Site or the Assessment for a business based in the United States.

1.2 While the Assessment is in its pilot phase, you need a valid invite code to start it. Each invite code is for one business. You must not share, sell, or publish invite codes. We may limit or decline any Assessment.

2. How does the Assessment work?

2.1 AI conversation. You talk with an AI voice agent, not a person. It asks structured questions about how work gets done in your business.

2.2 Consent to recording. The call is recorded and transcribed. By checking the consent box and starting the call, you agree to the recording, transcription, and processing described in our Privacy Policy, including by our service providers Retell AI and Anthropic, and you confirm that anyone else who speaks on the call has also agreed. You must get their agreement before they speak. If you don't agree, don't start the call. You can end the call at any time.

2.3 What not to share. You must not share on the call: health information; Social Security, bank, or card numbers; passwords; other people's private details (describing staff by first name or job role is fine); or information you are not allowed to share, such as information covered by a confidentiality agreement.

2.4 Your report. We prepare your report with help from AI, and a person at ThinkFraction reviews it before we send it. AI can make mistakes. Facts, figures, and estimates in the report may be wrong or incomplete, so check them before relying on them. Time and cost figures are estimates based on what you told us, not promises.

2.5 Not professional advice. The Assessment, your report, our blog, and the rest of the Site give general business information only. They are not legal, tax, accounting, financial, payroll, human resources, medical, or other professional advice. Talk to a qualified professional before acting on them. You are responsible for the decisions you make.

2.6 Price. While the Assessment is in its pilot phase, it is free with a valid invite code. If we charge for it later, we will show you the price, what is included, and the refund terms before you pay. Stripe processes payments. The checkout terms shown when you buy become part of these Terms for that purchase. You are responsible for any taxes that apply to your purchase.

2.7 No obligation. Taking the Assessment does not require you to hire us and does not make you our client. Any paid project needs a separate signed agreement. We may also decline to take on any project.

3. What are the rules for using the Site?

3.1 You must not:

• break any law or anyone's rights while using the Site or the Assessment;
• give false information, pretend to be someone else, or use someone else's invite code without permission;
• break into, overload, scrape, or interfere with the Site or the Assessment, or get around any security or access control;
• use bots or automated tools to take the Assessment or collect content from the Site;
• try to trick the AI agent into revealing its instructions or into producing harmful, offensive, or illegal content; or
• copy our questions, report formats, or methods to build a competing service.

3.2 We may suspend or end your access if we reasonably believe you broke these rules.

4. Who owns what?

4.1 Our content. We or our licensors own the Site, the blog, the Assessment questions, our report templates, and our methods, including the Leak Map. You may view the Site and share links to it. These Terms don't give you any other rights in our content.

4.2 Your report. You may use and share your report inside your business and with your advisors. We keep all rights in our templates, methods, and general know-how, including anything we learn that doesn't identify you or your business.

4.3 Your information. You keep ownership of the information you give us. You permit us to use it to provide the Assessment and as our Privacy Policy describes.

4.4 Feedback. If you send us suggestions or feedback, we may use them without any obligation to you.

5. What about other companies' services?

5.1 The Site links to services run by other companies, such as Calendly, LinkedIn, and Stripe. Their own terms and privacy policies apply when you use them. We are not responsible for their services.

6. What don't we promise?

6.1 THE SITE, THE ASSESSMENT, AND YOUR REPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DON'T PROMISE THAT THE SITE OR THE ASSESSMENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT YOU WILL ACHIEVE ANY PARTICULAR SAVINGS OR RESULTS.

7. How much can we be liable for?

7.1 TO THE FULLEST EXTENT THE LAW ALLOWS, WE WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM THE SITE, THE ASSESSMENT, YOUR REPORT, OR THESE TERMS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

7.2 TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THE SITE, THE ASSESSMENT, YOUR REPORT, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE ASSESSMENT IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

7.3 These limits do not apply to our gross negligence, fraud, or willful misconduct. Some laws don't allow some of these limits. Where that is the case, these limits apply only as far as the law allows.

7.4 You will bring any claim only against ThinkFraction LLC, and not against its members, managers, or personnel individually. The limits in this Section 7 also protect them.

8. When do you cover our losses?

8.1 You will defend and repay ThinkFraction for any third-party claims, losses, and reasonable legal fees that arise from your breaking these Terms, your misuse of the Site or the Assessment, or information you shared that you had no right to share, including other people's information.

9. How can access end?

9.1 You may stop using the Site or the Assessment at any time. We may change, suspend, or stop the Site or the Assessment at any time.

9.2 Sections 2.4, 2.5, 4, 6, 7, 8, 10, and 11 continue to apply after your use ends.

10. How are disputes handled?

10.1 Talk first. If you have a dispute with us, email fraction@agentmail.to and describe it. We will both try in good faith to resolve it within 30 days before either of us starts a lawsuit.

10.2 Governing law. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

10.3 Courts. Any lawsuit about the Site, the Assessment, or these Terms must be brought only in the state or federal courts located in New York County, New York. You and we both agree to the jurisdiction of those courts.

10.4 JURY WAIVER. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LAWSUIT ABOUT THE SITE, THE ASSESSMENT, OR THESE TERMS.

11. General terms

11.1 Changes to these Terms. We may update these Terms by posting a new version on the Site with a new date at the top. If a change is significant, we will also post a notice on the Site or email you if we have your email address. Changes apply from the date they are posted and do not apply to disputes that arose before that date. If you keep using the Site or the Assessment after a change, you accept the updated Terms. Any amendment you propose takes effect only if we agree to it in a signed writing.

11.2 Entire agreement. These Terms, our Privacy Policy, and any checkout terms for a purchase are the entire agreement between you and us about the Site and the Assessment.

11.3 Severability. If a court finds any part of these Terms unenforceable, that part will be limited or removed only as much as needed, and the rest of these Terms stays in effect.

11.4 No waiver. If we don't enforce a part of these Terms, that doesn't mean we give up the right to enforce it later.

11.5 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms as part of a merger, sale, or transfer of our business.

11.6 Notices. Notices to you will be sent to the email address you gave us. Notices to us must be sent to fraction@agentmail.to.

11.7 Events outside our control. We are not responsible for delays or failures caused by events outside our reasonable control, including outages at our service providers.

12. How can you contact us?

12.1 Email fraction@agentmail.to with any question about these Terms.