Terms of Service

Welcome to The Thinking Speaker. These Terms of Service ("Terms") govern your access to and use of the website, applications, and services (collectively, the "Service") provided by Thinking Code LLC ("Company," "we," "us," or "our"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing or using The Thinking Speaker, you agree to be bound by these Terms of Service. If you do not agree to all of these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and Thinking Code LLC.

By creating an account, subscribing to a plan, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

2. Description of Service

The Thinking Speaker is an AI-powered teleprompter, speech coaching, and interview preparation platform. The Service is available as a web application at thethinkingspeaker.com/app and includes the following capabilities:

• Real-time teleprompter with speech-tracking technology
• AI-powered speech writing and content generation
• Post-speech coaching and performance analytics
• Interview preparation with AI-simulated interviewers
• Speech Hall — a curated library of famous speeches for practice
• Session recording, playback, and performance history

The Service is offered in two tiers: a Free tier with limited features (no payment required) and a Pro subscription tier with access to the full suite of features. Details of each tier's capabilities are described on our Pricing page.

3. Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to the following:

• Age requirement: You must be at least 13 years of age to create an account and use the Service. If you are under 18, you represent that you have your parent or legal guardian's permission to use the Service.
• Accurate information: You must provide accurate, current, and complete information during registration and keep your account information up to date.
• Account security: 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 immediately of any unauthorized use of your account.
• One account per person: Each individual may maintain only one account. Creating multiple accounts to circumvent tier limitations or for any other purpose is prohibited.

We reserve the right to suspend or terminate accounts that violate these requirements.

4. Subscription and Billing

The Thinking Speaker offers the following subscription options:

• Free tier: Limited features including basic teleprompter functionality, browser-based speech recognition, and limited session history. No payment is required.
• Pro tier (Monthly): $12 per month, billed monthly, with access to all features including advanced STT engines, AI Speech Writer, AI Coach, full session history, and priority support.
• Pro tier (Yearly): $96 per year (equivalent to $8 per month), billed annually, with access to all Pro features.

All payments are processed through Stripe. By subscribing to a paid plan, you also agree to Stripe's Terms of Service. Your payment information is handled directly by Stripe and is never stored on our servers.

Auto-renewal: Subscriptions automatically renew at the end of each billing period (monthly or yearly) unless you cancel before the renewal date. You will be charged the applicable subscription fee at the beginning of each new billing period.

Price changes: We reserve the right to change our subscription pricing. Any price changes will be communicated to you at least 30 days in advance via email or in-app notification. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.

5. Cancellation and Refund Policy

Cancellation: You may cancel your Pro subscription at any time through your account settings or via the Stripe billing portal. Upon cancellation:

• Your cancellation will take effect at the end of your current billing period.
• You will retain access to Pro features until the end of the period you have already paid for.
• After the billing period ends, your account will revert to the Free tier.

Refunds — Monthly subscriptions: No partial refunds are provided for unused time remaining in the current monthly billing period. Refund requests may be considered on a case-by-case basis within the first 7 days of your initial subscription only.

Refunds — Yearly subscriptions: A full refund is available within the first 14 days of your initial yearly subscription, provided there has been no substantial use of Pro features during that period. "Substantial use" includes, but is not limited to, using the AI Speech Writer, AI Coach, or advanced STT engines more than five times in aggregate.

How to request a refund: To request a refund, contact us at [email protected] with your account email and a brief explanation. We will respond within 5 business days.

Chargebacks: We encourage you to contact us before initiating a chargeback with your bank or credit card provider. We are committed to resolving billing issues promptly and fairly.

6. User Content

"User Content" refers to any scripts, speeches, recordings, text, or other materials that you create, upload, or generate through the Service.

• Ownership: You retain full ownership of all User Content you create. We do not claim any ownership rights over your scripts, speeches, recordings, or any other content you produce using the Service.
• License to us: By using the Service, you grant Thinking Code LLC a limited, non-exclusive, worldwide, royalty-free license to process, store, transmit, and display your User Content solely as necessary to provide and improve the Service. This includes processing content through AI models for speech analysis, coaching feedback, and performance analytics.
• Responsibility: You are solely responsible for the content you create and practice using the Service. You represent that you have all necessary rights to any content you upload or input into the Service.

7. AI-Generated Content

The Service includes AI-powered features such as the AI Speech Writer and AI Coach that generate content based on your input.

• Starting points: AI-generated speeches, feedback, and suggestions are provided as starting points and creative aids. Users should review, edit, and customize all AI-generated content before use in any professional, academic, or public setting.
• No guarantees: We do not guarantee the accuracy, originality, completeness, or suitability of any AI-generated content for any particular purpose. AI-generated content may contain errors, inaccuracies, or content that does not fully reflect your intentions.
• User responsibility: You are solely responsible for reviewing, verifying, and taking ownership of any AI-generated content before using it. Any consequences arising from the use of AI-generated content are your responsibility.
• No plagiarism guarantee: While our AI models are designed to generate original content, we cannot guarantee that generated text will not resemble existing works. Users should verify originality as needed for their use case.

8. Acceptable Use

You agree not to use the Service to:

• Create, store, or practice delivering content that is illegal, threatening, defamatory, or that violates the rights of others.
• Generate or disseminate hate speech, harassment, or content that promotes violence or discrimination.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise extract the source code or underlying algorithms of the Service.
• Use automated tools, bots, scrapers, or other non-human means to access the Service without our express written permission.
• Share your Pro account credentials with others or allow multiple individuals to use a single Pro account.
• Circumvent or attempt to circumvent usage limits, access controls, or tier restrictions.
• Interfere with or disrupt the Service, servers, or networks connected to the Service.
• Use the Service in any manner that could damage, disable, or impair the Service.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these terms, including without limitation removing content, suspending or terminating the offender's account, and reporting the offender to law enforcement authorities.

9. Intellectual Property

The Thinking Speaker name, logo, branding, visual design, and all associated trademarks are the property of Thinking Code LLC. You may not use our trademarks without prior written consent.

The Service's software, code, design, layout, graphics, and documentation are protected by intellectual property laws and are the exclusive property of Thinking Code LLC.

Speech Hall: The curated collection of famous speeches available in the Speech Hall is provided for educational and practice purposes only. Third-party speeches remain the property of their respective authors, speakers, estates, or rights holders. The inclusion of these speeches in the Service does not imply any claim of ownership by Thinking Code LLC.

10. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, store, and protect your personal information and data. By using the Service, you consent to the practices described in the Privacy Policy.

We are committed to protecting your privacy and handling your data responsibly. For full details on our data practices, please review our Privacy Policy.

11. Third-Party Services

The Service integrates with and relies upon third-party services to deliver certain features, including but not limited to:

• Stripe — payment processing and subscription management
• Deepgram — advanced speech-to-text recognition and text-to-speech (Pro tier)
• Anthropic (Claude) — AI speech writing, coaching, and analysis
• Cerebras — AI-powered content generation
• Google — authentication (Sign in with Google)

We are not responsible for the availability, reliability, accuracy, or terms of any third-party services. Your use of third-party services may be subject to their own terms and privacy policies, which we encourage you to review. We shall not be liable for any loss or damage arising from third-party service outages, changes, or discontinuation.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Thinking Code LLC does not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• Speech recognition results will be accurate or complete.
• AI-generated coaching advice, feedback, or speech content will improve your speaking ability or be suitable for any particular purpose.
• The Service will meet your specific requirements or expectations.
• Any errors or defects in the Service will be corrected.

You acknowledge that your use of the Service is at your sole risk.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THINKING CODE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THINKING CODE LLC FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO THINKING CODE LLC DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.

14. Indemnification

You agree to indemnify, defend, and hold harmless Thinking Code LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or any activity under your account.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
• Any content you create, upload, or practice using the Service.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Westchester County, New York, and you consent to the personal jurisdiction of such courts.

16. Changes to Terms

We reserve the right to modify or update these Terms at any time at our sole discretion. When we make material changes, we will notify you by:

• Updating the "Last updated" date at the top of this page.
• Sending a notification to the email address associated with your account.
• Displaying a prominent notice within the Service.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: