Thinkin' Tags Terms of Service

Last Updated: 24.11.2013

Please read this document carefully before accessing or using Thinkin' Tags. Graciously adapted from myBalsamiq. Feel free to copy this TOS for your own use.

Introduction #

English, not Legalese #

Most Terms of Service and Privacy Policy documents are unreadable. They are written by lawyers and for lawyers, and in our opinion are not very effective. Because strong we believe in establishing long-term relationships with our customers, we decided to use plain English instead, to make our terms as clear as possible.

When you read Thinkin' Tags below, it refers to Dirk Jesse (contact information). Should you have other questions or concerns about this document, please send us an e-mail at info@thinkintags.com.

Using Thinkin' Tags means accepting these terms #

By accessing or using Thinkin' Tags in any way, whether you have created your own Thinkin' Tags project or are invited to someone else's project as a project member, you agree to and are bound by the terms and conditions written in this document.

If you do not agree to all of the terms and conditions contained in this document, do not access Thinkin' Tags.

This is a living document #

This is a living document. With your help, we want to make it the best in the industry. If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email info@thinkintags.com and we'll chat.

We don't amend this document for any particular customer, but if your changes apply to all of our customers, we'll be happy to update it for everyone. We will likely improve this document over time. By continuing to use the site, you will implicitely accept the changes we make.

Your access and use of Thinkin' Tags is always subject to the most current version of this document.

Breach of Terms #

If you breach any of the terms and conditions in this document, your authorization to access or use Thinkin' Tags automatically terminates. Any materials downloaded or printed from Thinkin' Tags in violation of the Terms of Use must be immediately destroyed.

We may block, restrict, disable, suspend or terminate your access to all or part of Thinkin' Tags at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.

If you think we removed your access by mistake, get in touch and we'll give you our reasoning. We also have a quick way to restore access without losing any of your data.


Support #

Support for Thinkin' Tags is provided via our support portal at http://thinkintags.zendesk.com.


Access to your data #

What personal data do you collect and why?

We collect the following personal data:

  • Full Name
  • E-mail address
  • Country

We do not collect Address or Credit Card information. To date and as long as Thinkin' Tags is in alpha or beta state, the provided service is completely free.

We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

Please be aware that your browser must be enabled to accept cookies from thinkintags.com in order for you to use Thinkin' Tags.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Who can see my password? #

No-one. We never store your password unencrypted, so no-one can read it.

It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Thinkin' Tags immediately.

If you forget your password, we send you a secure link via e-mail that lets you reset it.

How can I access or correct my information?

You can access all your personally identifiable information that we collect online and maintain by logging in to Thinkin' Tags and visiting your personal account page.

Who can see my projects? #

By default, each project is private. The only people who can see your projects are the project owner and the Thinkin' Tags developers (for the purpose of maintaining the service).

What are the guidelines Thinkin' Tags follows when accessing my data? #

  • We restrict who at Thinkin' Tags can access customer data to only core members of the team, and never to outside contractors.
  • We only do it in response to a customer support question.
  • We only do it in order to debug and fix the issue.
  • We never make changes to anything unless explicitly requested by a site owner.
  • We never ever ever share what we see with other customers or the general public.

How is my data protected from another customer's data? #

All of our customers' data resides in the same database. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are very confident we're doing a good job at it, but, like every other web app that hosts their customers data on the same database, cannot guarantee that a sophisticated hacker cannot access other people's data.

How are you protecting my data from hacker attacks? #

All of our servers are highly physically secured at the Hetzner's data centers. We also have our own practices in place, which follow the industry's best practices. We keep our servers always up to date with security fixes, have one-click ways to take down servers should they become infected/compromised and to create and deploy new clean ones.

What should I do if I find a security vulnerability in Thinkin' Tags? #

If you have discovered a security concern, please e-mail us at support@thinkintags.com. We’ll work with you to make sure that we understand the scope of the issue, and that we fully address your concern. We consider correspondence sent to support@thinkintags.com our highest priority, and work to address any issues that arise as quickly as possible.

Please act in good faith towards our users’ privacy and data during your disclosure. We won’t take legal action against you or administrative action against your account if you act accordingly: White hat researchers are always appreciated.


Intellectual Property Rights #

Who owns Thinkin' Tags materials? #

Thinkin' Tags materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on Thinkin' Tags produced by Thinkin' Tags.

Thinkin' Tags materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the Thinkin' Tags Materials may violate such laws and the Terms of Use.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Thinkin' Tags service or Thinkin' Tags Materials or any portions of them.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on this Site are the property of Dirk Jesse or other third parties. You are not permitted to use them without the prior written consent of Dirk Jesse or such third party that may own the Marks. Thinkin' Tags is a trademark, licensed to Dirk Jesse.

  • Thinkin' Tags materials may not be modified or altered in any way.
  • Thinkin' Tags materials on the Thinkin' Tags may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
  • You may not remove any copyright or other proprietary notices contained in the Thinkin' Tags materials.
  • You may not copy or distribute any graphics in the Thinkin' Tags materials apart from their accompanying text.
  • You will not quote or display Thinkin' Tags materials, or any portions thereof, out of context.
  • Thinkin' Tags reserves the right to revoke the authorization to view, download and print the Thinkin' Tags materials available via Thinkin' Tags at any time, and any such use shall be discontinued immediately upon notice from Thinkin' Tags.
  • The rights granted to you constitute a license and not a transfer of title.
  • Any Thinkin' Tags materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.

Who owns the IP of my projects and assets? #

Thinkin' Tags does not claim intellectual property rights over projects created on Thinkin' Tags.

You are solely and entirely responsible for all of your user materials that you upload or otherwise submit via Thinkin' Tags. You shall assume all risks associated with the use of your user materials including any reliance on the accuracy, completeness or usefulness of your user materials. Thinkin' Tags does not guarantee the accuracy, integrity or quality of your user materials. You acknowledge and agree that by accessing or using Thinkin' Tags, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.


Reliability #

Do you guarantee that Thinkin' Tags will be accessible at all times? #

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

We monitor Thinkin' Tags closely and have set up automated alarms to be notified (via e-mail and SMS) when the Thinkin' Tags service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

You acknowledge and agree that Thinkin' Tags shall not be liable for any failure to store your materials on Thinkin' Tags at any time.


Play Nice Clauses #

Use of Thinkin' Tags #

You agree that you shall not:

  • Collect, harvest or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any Thinkin' Tags server, whether through hacking, password mining or any other means.
  • Access or attempt to access any material that you are not authorized to access.
  • Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
  • Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Thinkin' Tags service, Thinkin' Tags materials, systems resources, accounts, passwords, servers or networks connected to or accessible through Thinkin' Tags or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any Thinkin' Tags account holder or to any thinkintags.com or affiliated e-mail address.
  • Create a false identity for the purpose of misleading others.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Thinkin' Tags service or other affiliated or linked sites, materials or services.
  • Access or use Thinkin' Tags in any manner that could damage, disable, overburden or impair any Thinkin' Tags server or the network(s) connected to any Thinkin' Tags server.
  • Violate any applicable laws or regulations related to the access to or use of Thinkin' Tags, or engage in any activity prohibited by the Terms of Use.
  • Prepare, compile, use, download or otherwise copy any Thinkin' Tags user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
  • Violate the rights of Thinkin' Tags or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any Thinkin' Tags or Thinkin' Tags domain name as a pseudonymous return e-mail address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Thinkin' Tags.

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. Thinkin' Tags offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Thinkin' Tags materials, the Thinkin' Tags service or another third-party service. You agree that you will not hold Thinkin' Tags responsible or liable with respect to the third-party services.

Special Treatment for Spammers #

In the event of your or others’ access to or use of the Thinkin' Tags service in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Use, you acknowledge and agree that Thinkin' Tags would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Thinkin' Tags is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Thinkin' Tags may without restriction block, filter or delete unsolicited e-mail.

Restriction and Termination of Use #

Thinkin' Tags may block, restrict, disable, suspend or terminate your access to all or part of Thinkin' Tags at any time in Thinkin' Tags’s sole discretion, without prior notice or liability to you.

Thinkin' Tags may include links that will take you to other sites outside of the Thinkin' Tags service. The linked sites are provided by Thinkin' Tags to you as a convenience and the inclusion of the links do not imply any endorsement by Thinkin' Tags of any linked site. Thinkin' Tags has no control of the linked sites and you therefore acknowledge and agree that Thinkin' Tags is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Thinkin' Tags is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Advertisements and Promotions #

Thinkin' Tags may run advertisements and promotions from third parties via Thinkin' Tags in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via Thinkin' Tags, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Thinkin' Tags is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Thinkin' Tags advertisers on Thinkin' Tags.

Warranties and Disclaimers #

The Thinkin' Tags service and Thinkin' Tags materials are provided by Thinkin' Tags under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Thinkin' Tags makes no warranty that

  1. the Thinkin' Tags service and Thinkin' Tags materials will meet your requirements;
  2. the Thinkin' Tags service and Thinkin' Tags materials will be uninterrupted, timely, secure, or error-free;
  3. the results that may be obtained from the use of Thinkin' Tags service and Thinkin' Tags materials will be effective, accurate, or reliable;
  4. the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and
  5. any errors or defects in Thinkin' Tags service and Thinkin' Tags materials will be corrected.

This Thinkin' Tags service and Thinkin' Tags materials may include technical or other mistakes, inaccuracies, or typographical errors. Thinkin' Tags may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The Thinkin' Tags service and Thinkin' Tags materials may be out of date, and Thinkin' Tags makes no commitment to update the site, materials and services.

You acknowledge and agree that:

  1. Thinkin' Tags does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
  2. Thinkin' Tags makes no representations or warranties whatsoever about any such third parties, their materials or services;
  3. any dealings you may have with such third parties are at your own risk; and
  4. Thinkin' Tags shall not be liable or responsible for any materials or services offered by third parties.

Thinkin' Tags does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the Thinkin' Tags service and Thinkin' Tags materials and participation in any services. Managers, hosts, site owners, project members and other third parties are not authorized Thinkin' Tags spokespersons, and their views do not necessarily reflect those of Thinkin' Tags. To the maximum extent permitted by law, Thinkin' Tags will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Thinkin' Tags also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of Thinkin' Tags service, Thinkin' Tags materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Thinkin' Tags assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from Thinkin' Tags or via the site, services or materials shall create any warranty not expressly stated in the terms of use. Thinkin' Tags will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability #

You agree to indemnify and hold Thinkin' Tags, co-branders, other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  1. your user materials and any other content (e.g. computer viruses) that you may submit or transmit through Thinkin' Tags, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your projects);
  2. your access to or use of Thinkin' Tags (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with Thinkin' Tags);
  3. your connection to Thinkin' Tags;
  4. your violation of the Terms of Use;
  5. the actions of any member of your work group, including non-logged in users you have granted access to your Thinkin' Tags projects;
  6. your infringement of any third party’s intellectual property rights when using any of the software made available on Thinkin' Tags;
  7. your violation of any rights of any third party;
  8. your access to or use of linked sites and your connections thereto; or
  9. any dealings between you and any third parties advertising or promoting via Thinkin' Tags.

International Users #

The Thinkin' Tags service can be accessed from countries around the world and may contain references to Thinkin' Tags products, services and programs that are not available in your country. These references do not imply that Thinkin' Tags intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Dirk Jesse within Germany. Thinkin' Tags makes no representation that the Thinkin' Tags service and Thinkin' Tags materials are appropriate or available for use at other locations outside Germany, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the Germany, you are responsible for compliance with all local laws.

Limitation of Liability #

In no event shall Thinkin' Tags, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Thinkin' Tags has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

  1. the access or use of or the inability to access or use the Thinkin' Tags service or Thinkin' Tags materials;
  2. the statements or actions of any third party on or via the site, services or materials;
  3. any dealings with vendors or other third parties;
  4. any unauthorized access to or alteration of your transmissions, user materials or other data;
  5. any information that is sent or received or not sent or received;
  6. any failure to store or loss of data, files, materials or other content;
  7. any services available that are delayed or interrupted;
  8. any web site referenced or linked to from this site; or
  9. your access to or use of or inability to access or use any linked site.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Final Provisions #

This contract shall be governed by German substantive law. Place of performance and sole venue for all disputes arising out of and in conjunction with the contract shall be Berlin (Germany), if the purchaser is a businessperson, a legal entity governed by public law or special assets governed by public law.


General #

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via Thinkin' Tags or in connection with the Materials and Services constitute the entire agreement between Thinkin' Tags and you with respect to your access to or use of the Thinkin' Tags service and materials superseding any prior agreements between you and Thinkin' Tags on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and Thinkin' Tags regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Thinkin' Tags services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Thinkin' Tags prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Thinkin' Tags to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.