Terms of Service

ThinkTank Terms of Service

Last updated: 1 December 2025

1. General

1.1. Scope and applicability

1.1.1. ThinkTank and its products and services, including the ThinkTank platform and any related software, APIs, documentation and support services (collectively the “Services”), are made available exclusively on a subscription basis in a business-to-business (B2B) context.

1.1.2. These General Terms and Conditions (the “General Terms”) apply to all subscriptions to the Services (each a “Subscription” and collectively the “Subscriptions”) concluded between Think-Tank BV, a company incorporated under Belgian law, with registered office at Mezenstraat 80, 3061 Leefdaal, Belgium, and company number 1031.720.902 (RLE Leuven) (“ThinkTank”) and the business customer identified therein (“Customer”).

1.1.3. A Subscription is concluded upon Customer’s acceptance, in writing, electronically or by any other unequivocal act, of a ThinkTank offer specifying the chosen Services, plan, number of End Users, Subscription Term, pricing and any special conditions, including (without limitation) by completing an online sign-up or checkout process, accepting a quote or pricing confirmation, signing and returning a subscription agreement or order form, sending an e-mail confirmation, performing a click-wrap acceptance, making the initial payment or commencing use of the Services.

1.1.4. The entire agreement between ThinkTank and Customer (the “Agreement”) consists of the following documents, which prevail in descending order:

1. the Subscription;
2. the Data Processing Agreement (DPA), available at think-tank.io/legal/dpa/; and
3. these General Terms.

1.1.5. The Agreement becomes effective on the date Customer enters into a Subscription, as recorded by ThinkTank (the “Effective Date”).

1.1.6. These General Terms apply exclusively in a business-to-business (B2B) context. Any general terms and conditions or other terms of Customer are expressly rejected and shall not form part of the contractual relationship, even if transmitted at a later date.

1.2. Proof-of-Concept

1.2.1. Where the Subscription (or the accompanying order form, quote or e-mail confirmation) is expressly designated as “Proof of Concept”, “Pilot”, “Trial”, or is provided free of charge or at a symbolic/substantially reduced price (each a “POC”), the following provisions shall apply notwithstanding any contrary provision in these General Terms:

1. The POC shall last only for the fixed period explicitly stated in the Subscription or until earlier terminated by ThinkTank at its sole discretion for any reason and without notice. There shall be no automatic renewal and access to the Services shall automatically cease at the end of the POC period.
2. No Fees shall be due, or only the symbolic/reduced amount expressly indicated shall be due. Article 4 (Fees and Payment) shall apply exclusively to any such symbolic/reduced amount (if any) and is otherwise suspended.
3. The Services are provided strictly “AS IS” and “AS AVAILABLE”. The provisions of Article 2.6 (Beta and Preview Features) shall apply mutatis mutandis to the POC. In particular, but without limitation:

• no warranties of any kind are given by ThinkTank;
• ThinkTank shall have no liability for any damage whatsoever, whether direct, indirect, incidental, special, consequential, loss of data, loss of profits or business interruption;
• Customer irrevocably waives any and all claims against ThinkTank in connection with the POC;
• all information relating to the POC is deemed Confidential Information of ThinkTank.

1.2.2. Except as expressly modified in this Article 1.2, all other provisions of these General Terms and the DPA remain fully applicable and binding during the POC.

1.3. Acceptance

1.3.1. By completing a Subscription (whether by clicking “I accept”, ticking a checkbox, signing a subscription agreement or order form, sending an e-mail confirmation, making payment, commencing use of the Services, or by any other act that manifests acceptance), Customer irrevocably accepts the Agreement in its entirety.

1.3.2. Any person concluding a Subscription on behalf of Customer is deemed duly authorised to bind Customer and its Affiliates (if any). Customer shall in all cases be irrevocably bound by the Subscription and the Agreement.

1.4. Amendments to the General Terms

1.4.1. ThinkTank reserves the right to amend these General Terms at any time.

1.4.2. Material amendments will be notified to Customer at least thirty (30) days before their effective date by e-mail to the address registered in the account or via a prominent notice in the Services.

1.4.3. If Customer does not accept the amended General Terms, it may terminate the Agreement by written notice to ThinkTank within fifteen (15) days of receipt of the amendment notice, with effect as of the date the amendments would otherwise enter into force.

1.4.4. Continued use of the Services after the effective date of the amendments shall constitute binding acceptance of the amended General Terms.

2. Access and Use Rights

2.1. Grant of License

During the Subscription Term and subject to Customer’s timely payment of fees and compliance with the Agreement, ThinkTank grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable, worldwide licence to access and use the Services (including any accompanying user guides, technical specifications, online help files and other materials made available by ThinkTank, hereinafter “Documentation”) solely for Customer’s internal business purposes or, where Customer is a professional services provider, in the ordinary course of providing professional services to its own clients, and in accordance with the Documentation and any usage limits set out in the Subscription.

2.2. End Users

2.2.1. Customer may permit the following persons to access and use the Services (“End Users”):

1. its own employees, agents, contractors and consultants;
2. the employees, agents, contractors and consultants of Customer’s Affiliates that are expressly identified in the Subscription; and
3. where Customer (or any of its Affiliates identified in the Subscription) is a professional services provider (e.g. accounting firm, tax advisor, law firm, consultancy or similar), the persons referred to under (i) and (ii) when they use the Services in the ordinary course of providing professional services to that Customer’s or Affiliate’s own clients, provided such use remains exclusively for the account of the Customer or the relevant Affiliate and within the limits of the Subscription.

2.2.2. Any resale, sublicensing, rental, leasing, or making the Services available to third parties as a stand-alone product or service is strictly prohibited unless expressly authorised in writing by ThinkTank.

2.2.3. Customer is fully responsible and liable for all acts and omissions of its End Users as if they were its own. Customer shall ensure that each End User complies with the Agreement and shall indemnify and hold ThinkTank harmless against any claim, loss, damage or expense arising from any breach by an End User.

2.3. Usage Limits and Modifications

2.3.1. The maximum number of End Users and any other usage quotas (e.g., API calls, storage) are specified in the Subscription.

2.3.2. Customer may at any time request an increase in End User numbers or other usage limits, either directly through the self-service functionality in its account (in which case the increase and the corresponding fee adjustment take effect immediately upon completion), or by written request to ThinkTank (in which case the increase and the corresponding fee adjustment take effect upon ThinkTank’s written confirmation).

2.3.3. A decrease in End Users or other limits is only possible at the start of the next Renewal Term and requires written notice to ThinkTank at least sixty (60) days (annual Subscriptions) or ten (10) days (monthly Subscriptions) before the end of the then-current term.

2.4. Account and Security

2.4.1. Customer shall create an administrator account and shall ensure that all information provided to ThinkTank is accurate, complete and kept up-to-date

2.4.2. Each End User must be assigned a unique login. End Users shall keep their user IDs and passwords strictly confidential and shall not share such credentials with any unauthorised person. It is strictly prohibited for a single login to be used by more than one End User.

2.4.3. Customer shall take all necessary measures to maintain the confidentiality of its account credentials and to prevent any unauthorised use. Customer is fully responsible and liable for all activities that occur under its accounts, whether performed by Customer, its End Users or any third party, and any use of valid credentials shall be deemed use by Customer.

2.4.4. Customer shall immediately notify ThinkTank of any suspected unauthorised use of its accounts, loss or theft of credentials, or any other security incident.

2.4.5. Customer shall indemnify and hold ThinkTank harmless against any claim, loss, damage or expense arising from the use, misuse or unauthorised use of its accounts, logins or credentials.

2.5. Loss of Access on Downgrade or Termination

2.5.1. Upon downgrade, expiry or termination of the Subscription (or the portion thereof covering a particular End User), the affected End User(s) will immediately lose access to the Services and all related data.

2.5.2. ThinkTank has no obligation to retain, store, or provide access to any Customer data or other information associated with the Subscription after such downgrade, expiry, or termination, unless expressly agreed otherwise in writing or required by applicable law.

2.6. Beta and Preview features

2.6.1. ThinkTank may, at its sole discretion, make available certain test, experimental or preview features (“Beta Features”). Access to or use of any Beta Features by Customer is entirely voluntary.

2.6.2. Beta Features are provided strictly “AS IS” and “AS AVAILABLE”, without any representation, warranty, maintenance or support obligation of any kind (express, implied, statutory or otherwise). Customer acknowledges that Beta Features may be incomplete, unstable or contain errors, defects or security vulnerabilities and may cause loss, corruption or unavailability of data.

2.6.3. To the fullest extent permitted by Belgian law, ThinkTank shall have no liability whatsoever arising out of or in connection with the access to, use of or inability to use any Beta Feature, including but not limited to any direct, indirect, incidental, special or consequential damages, loss of data, loss of profits or business interruption, and Customer hereby irrevocably waives any and all claims against ThinkTank in connection with Beta Features.

2.6.4. Beta Features may be subject to additional terms and are deemed Confidential Information of ThinkTank.

3. Customer Obligations and Prohibited Use

3.1. General obligations

3.1.1. Customer shall provide ThinkTank with all information, documentation and cooperation reasonably requested by ThinkTank to enable it to perform its obligations under the Agreement.

3.1.2. Customer shall, and shall procure that its End Users shall:

1. use the Services exclusively in accordance with the Agreement and the Documentation;
2. use the Services in compliance with all laws and regulations applicable to Customer;
3. be solely responsible for procuring and maintaining its own network connections, telecommunications links, hardware and software required to access the Services;
4. implement and maintain appropriate technical and organisational measures to prevent the introduction or spread of viruses, malware or any other harmful components into the Services;
5. regularly back up its Customer Data (ThinkTank is not responsible for any loss of Customer Data); and
6. use the Services diligently and with the care of a prudent professional in similar circumstances.

3.2. Prohibited Use

3.2.1. Customer undertakes, and shall ensure that its End Users do not, directly or indirectly:

1. copy, modify, adapt, translate or create derivative works of the Services or any part thereof, except as expressly permitted under the Agreement or with ThinkTank’s prior written consent;
2. exceed the subscribed quantities, user limits or other usage parameters set out in the Subscription;
3. sell, resell, sublicense, rent, lease, lend, distribute, time-share or otherwise commercially exploit or make the Services available to any third party as a stand-alone offering;
4. reverse engineer, decompile, disassemble or attempt to derive the source code, algorithms or underlying ideas of the Services, except to the extent expressly permitted by mandatory law;
5. use the Services to transmit spam, unsolicited messages or any unlawful, defamatory, abusive or otherwise objectionable material;
6. interfere with or disrupt the integrity, performance or security of the Services or any related systems or networks;
7. attempt to gain unauthorised access to the Services or perform any security or penetration testing without ThinkTank’s prior written authorisation;
8. use the Services in any manner that infringes intellectual property, privacy or other rights of third parties;
9. use robots, spiders, scrapers or other automated means to access or extract data from the Services, except as expressly permitted by ThinkTank;
10. remove, alter or obscure any copyright, trademark or other proprietary notices contained in the Services;
11. use the Services to generate or disseminate content that is illegal, harmful, hateful, discriminatory, defamatory, or that violates any third-party rights;
12. use the Services to develop, train, fine-tune or improve any competing artificial intelligence or machine-learning model or service;
13. systematically retrieve or extract outputs in bulk (e.g., via repeated prompts or API calls) for the purpose of creating datasets, training models or building competing products, except with ThinkTank’s express prior written consent; or
14. present outputs generated by the Services to any third party as final professional advice (including legal, tax, accounting, financial, medical or other regulated advice) without appropriate human review and oversight by a qualified professional, or represent that such outputs are error-free or constitute guaranteed professional advice. Customer may incorporate reviewed and approved outputs into its own deliverables or advice to its clients, provided Customer assumes full responsibility for the final content and, where appropriate, discloses that the Services were used as a supporting tool.

3.3. Responsibility and indemnity

3.3.1. Customer is fully responsible for ensuring that its End Users comply with the Agreement.

3.3.2. Any breach of this Article 3 constitutes a material breach entitling ThinkTank to suspend or terminate the Services immediately and without prior notice.

3.3.3. Customer shall defend, indemnify and hold harmless ThinkTank and its subcontractors against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising from any breach by Customer or its End Users of this Article 3 or any other provision of the Agreement.

3.4. Compliance with Laws and Sanctions

3.4.1. Customer represents and warrants, on a continuing basis throughout the Subscription Term, that:

1. neither Customer nor any of its End Users is located or resident in a country or territory that is subject to comprehensive EU or US sanctions;
2. neither Customer nor any of its End Users appears on any EU or US denied-party, sanctioned-person or restricted-party list; and
3. Customer and its End Users shall comply with all applicable anti-corruption, anti-bribery, anti-money-laundering and export-control laws and regulations.

3.4.2. Customer shall immediately notify ThinkTank in writing if its status under Article 3.4.1 changes at any time.

3.4.3. Any breach of this Article 3.4 shall be deemed a material breach entitling ThinkTank to suspend the Services and/or terminate this Agreement with immediate effect.

4. Fees and Payment

4.1. Fee

Customer shall pay ThinkTank the fee set forth in the Subscription (the “Fee”). All Fees are quoted and payable in euro (€) and are exclusive of VAT and any other applicable taxes or charges, which shall be added to the invoice where required by law.

4.2. Billing and invoicing

4.2.1. Fees for monthly Subscriptions are invoiced monthly in advance.

4.2.2. Fees for annual Subscriptions are invoiced annually in advance (unless the Subscription expressly provides for another billing frequency).

4.2.3. Additional usage (e.g. extra End Users, overages) is invoiced immediately upon activation or at the end of the relevant billing period.

4.3. Price adjustments

4.3.1. Annual indexation

On 1 January of each year, ThinkTank may automatically adjust the Fees in accordance with the following formula (Agoria Digital ICT wage index): New Fee = Base Fee × (0.2 + 0.8 × (latest published index / index applicable at the start of the Agreement)). The adjusted Fees shall apply with effect from 1 January of the relevant year.

4.3.2. Variable LLM token costs

ThinkTank reserves the right to adjust the Fees at any time, with thirty (30) days’ prior written notice, to reflect material changes in the underlying token or compute costs charged to ThinkTank by its third-party large-language-model providers. Any such adjustment shall be strictly proportionate to the change in ThinkTank’s per-token/compute costs and shall take effect on the first day of the calendar month following the notice period. If the adjustment results in an increase of more than fifteen percent (15 %) compared to the Fees payable immediately prior to the adjustment, Customer may terminate the Subscription by written notice within fifteen (15) days of receiving the notice, effective on the date the new Fees would otherwise apply.

4.3.3. Other price adjustments

In addition to the adjustments under Article 4.3.1 and Article 4.3.2, ThinkTank may increase the Fees once per calendar year with effect from the start of the next Renewal Term. ThinkTank shall notify Customer in writing at least forty-five (45) days before the renewal date. If Customer does not accept the increase, it may terminate the Subscription by written notice no later than fifteen (15) days before the renewal date, with effect as of the end of the then-current term. Continued use after renewal constitutes acceptance.

4.4. Payment terms

4.4.1. Invoices are due and payable within thirty (30) days of the invoice date, unless otherwise specified in the Subscription.

4.4.2. Payments shall be made by bank transfer or any other method indicated by ThinkTank (including SEPA direct debit or credit card where available).

4.5. Acceptance of invoice and Services

4.5.1. Payment of an invoice in full or in part without reservation within the payment term, or failure to contest the invoice within the period set out in Article 4.5.2, constitutes final and irrevocable acceptance by Customer of the invoiced amounts and the Services provided during the invoicing period.

4.5.2. Any contestation of an invoice must be notified to ThinkTank in writing, with detailed and substantiated reasons, within fifteen (15) calendar days of the invoice date. After this period, the invoice shall be deemed irrevocably accepted by Customer and no further objection (in court or otherwise) shall be admissible regarding the invoiced amounts or the underlying Services provided.

4.5.3. In case of a timely and duly substantiated contestation, Customer shall nevertheless pay the undisputed part of the invoice within the normal payment term. The contested amount shall remain payable unless and until ThinkTank expressly agrees in writing to a credit note or refund.

4.6. Late payment

4.6.1. Overdue amounts automatically bear interest at the rate provided by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, without the need for a formal notice.

4.6.2. In addition, ThinkTank is entitled to charge a fixed compensation of 10 % of the outstanding amount (with a minimum of €150) for extrajudicial collection costs.

4.6.3. ThinkTank may suspend access to the Services (in whole or in part) without prior notice if any invoice remains unpaid for more than fifteen (15) days after a written reminder.

4.7. No set-off or withholding

4.7.1. Customer expressly waives any right of set-off, deduction, retention or withholding with respect to any payments due under the Agreement, for any reason whatsoever, including any alleged counterclaim or dispute.

5. Support and Professional Services

5.1. Standard Support

5.1.1. During the Subscription Term, ThinkTank will provide Customer with reasonable technical support for the Services via e-mail (trust@think-tank.io) and, where available, in-app help centre, during normal Belgian business hours (09:00–17:00 CET/CEST, Monday to Friday, excluding Belgian public holidays). Response times and availability may vary depending on the Subscription plan.

5.2. Premium Support and Services

5.2.1. Priority support (e.g., faster response times, 24/7 coverage, phone support or dedicated success manager) as well as any onboarding, training, custom prompt engineering, workflow design, integrations or other consulting services (“Professional Services”) are not included as standard in the Subscription and may be offered for an additional fee under the Subscription or a separate written agreement or statement of work that references these General Terms.

5.3. Remote Access for Support

5.3.1. When Customer requests assistance, Customer expressly authorises ThinkTank personnel to remotely access its account(s) and the Customer Data contained therein solely for the purpose of providing support and troubleshooting. ThinkTank shall treat all accessed data in strict accordance with its confidentiality obligations and the Data Processing Agreement (DPA).

5.3.2. Customer represents and warrants that such access will not violate any confidentiality or professional-secrecy obligations owed to its own clients and shall indemnify and hold ThinkTank harmless against any third-party claims arising from such access.

6. Customer Data

6.1. Ownership and responsibility

6.1.1. Customer retains all rights, title and interest in and to Customer Data. For the purposes of this Agreement, “Customer Data” means any document, material, data, file, input, prompt, output or other information of any type that is uploaded, submitted, generated or processed by or on behalf of Customer or its End Users using the Services.

6.1.2. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Data and for obtaining and maintaining all required permissions and consents. Customer represents and warrants that it has all necessary rights, consents and lawful bases to upload, store, process and generate Customer Data via the Services and to grant ThinkTank the rights set forth in this Agreement.

6.1.3. If ThinkTank provides any assistance with the upload, migration or structuring of Customer Data, Customer remains solely responsible for the completeness, accuracy and lawfulness of such data. ThinkTank shall have no liability in this respect.

6.2. Licence to ThinkTank

6.2.1. Customer grants ThinkTank a worldwide, non-exclusive, royalty-free, fully paid-up, irrevocable licence during the Subscription Term (and for any retention period required by law or the DPA) to host, store, copy, process, display, transmit, reproduce, modify, create derivative works of, and use Customer Data (including prompts and outputs) for the purpose of training, fine-tuning, developing and improving the Services and any artificial-intelligence or machine-learning models (including underlying large-language models) used or developed by ThinkTank, as well as for any other legitimate business, research or product-development purpose of ThinkTank.

6.2.2. ThinkTank may collect, use, and disclose quantitative data derived from the use of the Services by the Customer for industry analysis, benchmarking, analytics, marketing, and other business purposes. All data collected, used, and disclosed will be in aggregate form only and will not identify Customer or Customer Data.

6.3. Indemnification

Customer shall defend, indemnify and hold harmless ThinkTank from any (third party) claim, proceeding, loss, or damages based on any use, misuse, or unauthorized use of the Customer Data, including any allegation that Customer Data infringes third-party rights or violates applicable law or professional-secrecy obligations.

7. Intellectual Property Rights

7.1. Ownership of the Services and ThinkTank Technology

7.1.1. ThinkTank (or its licensors and suppliers) exclusively owns and retains all right, title and interest worldwide, including all intellectual property rights under any jurisdiction (in particular and without limitation: patents, copyrights, rights in software, database rights, design rights, trademarks, trade names, domain names, trade secrets, know-how, rights in confidential information and any other registered or unregistered intellectual property rights, whether existing now or in the future, collectively “Intellectual Property Rights”), in and to:

(collectively referred to as “ThinkTank Technology”).

1. the Services, the Documentation, the underlying large-language models, algorithms, neural-network architectures, training methodologies, software, platform, source code, object code, application programming interfaces (APIs), user interface, look-and-feel, structure, organisation, design, graphics, icons, features, functionalities and any related technology;
2. any improvements, enhancements, modifications, updates, upgrades, new versions, derivative works, corrections or extensions thereof, irrespective of whether such developments are made by ThinkTank, its suppliers, or result (directly or indirectly) from Customer’s use, Feedback, suggestions or any other input from Customer or its End Users; and
3. all intellectual property, inventions, works or materials created, conceived or reduced to practice by ThinkTank under or in connection with this Agreement

7.1.2. No Intellectual Property Rights in ThinkTank Technology are assigned, transferred or licensed to Customer except for the limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services during the Subscription Term strictly in accordance with this Agreement.

7.1.3. Any use of ThinkTank Technology outside the scope of such limited right constitutes an infringement of ThinkTank’s Intellectual Property Rights.

7.2. Enforcement and Protection

7.2.1. Each party shall promptly notify the other of any actual or suspected infringement of the Intellectual Property Rights covered by this Article 7.

7.2.2. ThinkTank shall have the exclusive right (but not the obligation) to take any action it deems appropriate to protect and enforce its Intellectual Property Rights in ThinkTank Technology.

8. Liability

8.1. General Limitation of Liability

8.1.1. To the maximum extent permitted by Belgian law, ThinkTank shall not be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, incidental, special, punitive, exemplary or consequential damages, including loss of profits, revenue, anticipated savings, business, goodwill, data, or costs of substitute goods or services, even if advised of their possibility in advance.

8.1.2. ThinkTank’s total aggregate liability arising out of or in connection with the Agreement shall in no event exceed the Fees actually paid by Customer to ThinkTank in the twelve (12) months preceding the event giving rise to the claim.

8.2. Specific Limitation of Liability for AI outputs

8.2.1. The Services are an assistive tool and do not constitute professional advice of any kind (legal, tax, accounting, financial, medical or otherwise). ThinkTank shall under no circumstances be liable for any loss, damage, cost, claim or incorrect result arising, directly or indirectly, from:

1. any reliance by Customer, its End Users or any third party on outputs generated by the Services;
2. any decision made or action taken (or not taken) on the basis of such outputs; or
3. any failure of the Services to detect errors, omissions or inaccuracies in source material or generated content.

8.2.2. Customer acknowledges that all outputs must be independently verified and reviewed by qualified professionals before use or distribution. Customer shall indemnify and hold ThinkTank harmless against any third-party claims arising from Customer’s use or dissemination of outputs generated by the Services.

8.3. No claims against personnel or representatives

8.3.1. Customer shall have no direct claim against ThinkTank’s employees, officers, directors, agents, subcontractors or any other persons acting on ThinkTank’s behalf in respect of any act or omission in connection with the Agreement.

8.3.2. Any and all liability of such persons is excluded to the fullest extent permitted by Belgian law. Any claim Customer may have shall be directed exclusively against ThinkTank.

8.4. Mandatory law

Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud, wilful misconduct, gross negligence, or any other liability that cannot lawfully be excluded under Belgian law.

9. Confidentiality

9.1. Definition of Confidential Information

“Confidential Information” means any non-public information disclosed by one party (“Discloser”) to the other party (“Recipient”), whether orally or in writing, that is designated as confidential or that, given the nature of the information or the circumstances of disclosure, should reasonably be understood to be confidential. Without limitation, the Services, Documentation, underlying models, prompts, algorithms, performance data and benchmarks, (ii) all pricing, commercial terms and conditions of the Agreement, (iii) any technical, business or strategic information disclosed by ThinkTank, shall always be deemed Confidential Information of ThinkTank.

9.2. Obligations of the Recipient

The Recipient shall:

1. not use the Discloser’s Confidential Information except for the purpose of exercising its rights or performing its obligations under the Agreement;
2. not disclose the Discloser’s Confidential Information to any third party except to its affiliates, employees, officers, directors, agents, subcontractors or professional advisors who have a strict need to know and who are bound by confidentiality obligations at least as protective as those in this Article;
3. protect the Discloser’s Confidential Information using at least the same degree of care it uses to protect its own similar information, but in no event less than reasonable care.

9.3. Permitted and compulsory disclosure

The Recipient may disclose the Confidential Information to the extent required by applicable law, regulation or court order, provided that the Recipient (to the extent legally permitted) gives the Discloser prompt written notice of such requirement and reasonably cooperates with the Discloser (at the Discloser’s expense) to obtain confidential treatment or a protective order.

9.4. Injunctive relief

The parties acknowledge that any breach of this Article 9 may cause irreparable harm for which damages alone would be an inadequate remedy. Accordingly, in addition to any other remedies available under the Agreement or at law, the Discloser shall be entitled to seek urgent interim measures or any other provisional or conservatory relief, without having to prove irreparable harm or post security, and to claim full compensation for all actual losses suffered.

9.5. Duration

The obligations under this Article 9 shall survive termination or expiry of the Agreement for a period of five (5) years, except for trade secrets (including the technology and know-how underlying the Services), which shall remain confidential for as long as they continue to constitute trade secrets under applicable law.

10. Warranty

10.1. Limited warranty

10.1.1. ThinkTank warrants that it will provide the Services with reasonable skill and care and in substantial conformity with the Documentation and that it has the full right and authority to enter into and perform this Agreement.

10.1.2. This warranty shall not apply to, and ThinkTank shall have no liability for, any non-conformity or issue caused by (i) use of the Services in breach of the Agreement or the Documentation, (ii) modifications or combinations of the Services not made or authorised by ThinkTank, (iii) Customer Data, prompts or instructions provided by Customer, or (iv) any third-party products, services or underlying large-language models.

10.2. Exclusive remedy

ThinkTank’s entire liability and Customer’s sole and exclusive remedy for any breach of the warranty in Article 10.1 shall be, at ThinkTank’s option and expense, either to use commercially reasonable efforts to correct the non-conformity or provide a workaround, or, if ThinkTank determines such remedy is not commercially reasonable, to terminate the Subscription and refund the pro-rata portion of any prepaid Fees covering the unused portion of the Subscription Term.

10.3. No warranty as to results or professional advice

10.3.1. The Services are an assistive tool only and do not constitute professional, legal, tax, accounting, financial, medical or other regulated advice. Customer acknowledges and agrees that outputs generated by the Services are for informational and assistive purposes only, may contain errors, omissions or inaccuracies, and must be independently verified and reviewed by qualified professionals before any reliance or use.

10.3.2. Customer bears full and exclusive responsibility for any decision made or action taken (or not taken) on the basis of such outputs.

10.4. Disclaimer of other warranties

Except for the express warranty set out in Article 10.1, ThinkTank makes no warranties whatsoever, whether express, implied or otherwise. To the fullest extent permitted by Belgian law, ThinkTank expressly disclaims all implied warranties and conditions, including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, completeness, quiet enjoyment, title, non-infringement, uninterrupted or error-free operation, or compatibility with any specific hardware, software or environment. The Services are provided strictly on an “as is” and “as available” basis.

11. Data Protection

11.1. GDPR Applicability

The parties acknowledge that, in the context of providing and using the Services, ThinkTank may process personal data as defined in Regulation (EU) 2016/679 (“GDPR”) on behalf of Customer, in particular personal data contained in Customer Data, prompts, uploaded documents or generated outputs.

11.2. Data Processing Agreement (DPA)

11.2.1. The processing of personal data by ThinkTank shall be governed exclusively by the Data Processing Agreement (“DPA”) available at think-tank.io/legal/dpa/ (as updated from time to time), which is hereby incorporated into and forms an integral part of the Agreement.

11.2.2. By entering into the Agreement, Customer confirms that it has reviewed and accepts the current version of the DPA. The DPA shall apply automatically without the need for a separate signature.

11.2.3. The obligations under this Article 10 and the DPA shall survive termination of the Agreement for as long as ThinkTank continues to process personal data on behalf of Customer.

11.3. Roles and responsibilities

11.3.1. Customer is the controller (or, where Customer itself acts as processor for its own clients, the processor) and ThinkTank acts as processor (or sub-processor, as the case may be) with respect to personal data processed through the Services.

11.3.2. Customer represents and warrants that:

1. it has all necessary rights, consents and lawful bases under GDPR to upload, process and generate outputs from personal data via the Services;
2. its instructions to ThinkTank are lawful and compliant with GDPR; and
3. where Customer is a professional-services provider (lawyer, accountant, tax advisor, etc.), it remains fully responsible for compliance with professional-secrecy and GDPR obligations towards its own clients.

11.3.3. ThinkTank shall as processor (or sub-processor, as the case may be) implement and maintain appropriate technical and organisational measures in accordance with Article 32 GDPR to ensure a level of security appropriate to the risk, as further detailed in the DPA.

11.3.4. ThinkTank shall provide reasonable assistance to Customer to enable it to comply with its obligations under Articles 32–36 GDPR, subject to the terms and cost-allocation rules set out in the DPA.

11.4. Special categories and professional secrecy

Customer acknowledges that the Services are not specifically designed for the systematic processing of special categories of personal data (Article 9 GDPR) or large-scale processing of data subject to professional secrecy (e.g., lawyer-client privilege). Customer shall refrain from uploading such data unless explicitly agreed otherwise in writing and subject to additional safeguards.

12. Terms and Termination

12.1. Term

This Agreement enters into force on the Effective Date and shall remain in effect for the duration of the Subscription Term, unless terminated earlier in accordance with this Article 12. For the purposes of this Agreement:

1. “Initial Term” means the first subscription period that starts on the Effective Date and that has the duration specified in the Subscription.
2. “Renewal Term” means each successive subscription period of the same length as the Initial Term that automatically commences upon expiry of the Initial Term or the previous Renewal Term (as applicable);
3. “Subscription Term” means the Initial Term together with all Renewal Terms.

12.2. Automatic renewal

Unless terminated earlier or unless a party gives timely notice of non-renewal in accordance with this Article 12.2, the Subscription shall automatically renew at the end of the Initial Term and at the end of each Renewal Term for a new Renewal Term on the then-current terms and Fees.

1. For monthly Subscriptions: non-renewal notice must be given at least one (1) day before the end of the then-current term.
2. For yearly Subscriptions: non-renewal notice must be given at least sixty (60) calendar days before the end of the then-current term.

12.3. Termination and suspension

12.3.1. Either party may terminate this Agreement with immediate effect by written notice if the other party (i) commits a material breach of this Agreement and (where the breach is capable of remedy) fails to remedy it within thirty (30) calendar days after receipt of written notice specifying the breach, or (ii) becomes insolvent, is unable to pay its debts as they fall due, enters into or threatens to enter into liquidation, has a receiver, administrative receiver, administrator or similar officer appointed over any of its assets, makes any arrangement or composition with its creditors, or ceases or threatens to cease to carry on business.

12.3.2. This Agreement shall automatically terminate without any notice or formality in the event that Customer becomes subject to bankruptcy proceedings, judicial reorganisation proceedings, collective debt settlement, or any similar insolvency or bankruptcy proceedings under Belgian or foreign law.

12.3.3. In addition, and without prejudice to any other rights, ThinkTank may terminate the Agreement and/or suspend access to the Services in whole or in part with immediate effect by written notice if Customer (i) fails to pay any amount due and such failure continues for more than fifteen (15) days after a written reminder, or (ii) breaches any license restriction, usage limitation or prohibited-use provision of Article 2 or Article 3 of these Terms.

12.4. Effects of termination or expiry

Upon termination or expiry of this Agreement for any reason:

1. all rights and licences granted to Customer shall immediately cease;
2. Customer shall immediately cease all use of the Services;
3. Customer shall pay all Fees and other amounts due up to and including the effective date of termination or expiry;
4. each party shall, upon request and at the requesting party’s expense, return or destroy the other party’s Confidential Information (subject to legal retention obligations and the DPA).

12.5. Survival

12.5.1. Articles 6 (Customer Data), 7 (Intellectual Property Rights), 8 (Limitation of Liability), 9 (Confidentiality), 10 (Warranty) and 13 (Miscellaneous) and any other provisions that expressly or by implication are intended to survive shall survive termination or expiry of this Agreement.

13. Miscellaneous

13.1. Force Majeure: Except for payment obligations, neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, earthquake, pandemic, strike or other labour dispute, shortage of utilities, failure or interruption of telecommunications or internet services, denial-of-service attacks, or any other cause (whether similar or dissimilar) that is not reasonably foreseeable and beyond the affected party’s reasonable control (“Force Majeure”). The affected party shall promptly notify the other party and use commercially reasonable efforts to minimise the effects of the Force Majeure event.

13.2. No Waiver: No failure or delay by a party in exercising any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

13.3. Severability: If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if not possible, severed from the Agreement. The remaining provisions shall remain in full force and effect.

13.4. Assignment: ThinkTank may freely assign or transfer this Agreement, in whole or in part, to any third party without Customer’s consent and upon written notice to Customer. Customer shall only have the right to terminate this Agreement upon thirty (30) days’ prior written notice, with due motivation, if and to the extent that, following such assignment or transfer, (i) the assignee is a direct competitor of Customer and (ii) the assignment would materially and adversely affect Customer’s legitimate business interests.

13.5. Publicity: ThinkTank is entitled to refer to Customer as a client and to use Customer’s name, logo and trademark (in their current and future versions) for marketing and communication purposes, including on its website, in customer lists, presentations, pitch decks, social media, press releases, trade shows and other promotional materials. Customer may revoke this right at any time by simple written notice to ThinkTank, effective within fifteen (15) calendar days of receipt of such notice.

13.6. Notices: All notices under this Agreement shall be in writing and sent (i) by registered mail with return receipt or by an internationally recognised courier service, or (ii) by email with confirmation of receipt, to the addresses indicated in the Subscription or as otherwise notified in writing. Notices to ThinkTank shall be sent to trust@think-tank.io or to its registered office. Notices shall be deemed received: (a) on the date of signed receipt if sent by courier; (b) three (3) business days after posting if sent by registered mail; and (c) on the next business day after transmission if sent by email.

13.7. Language: This Agreement is drawn up in English. In the event of any discrepancy, inconsistency or dispute regarding its interpretation, the English version shall prevail and be binding on the parties. All legal terms used in this Agreement, even if in English, shall be interpreted in accordance with their meaning under Belgian law.

13.8. Interpretation: The headings in this Agreement are for convenience only and shall not affect its interpretation. The words “include”, “including” and “in particular” are deemed to be followed by “without limitation”. References to “writing” or “written” include e-mail.

13.9. Entire Agreement: This Agreement, including the Subscription, the DPA and any annexes thereto, constitutes the entire agreement between the parties and supersedes all prior agreements, understandings or arrangements (oral or written) relating to its subject matter.

13.10. Governing Law: This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, including any non-contractual dispute or claim, shall be governed by and construed in accordance with the laws of Belgium, excluding its conflict-of-law rules.

13.11. Jurisdiction: The courts of Antwerp (Dutch-speaking division) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement. Notwithstanding the foregoing, ThinkTank may at its sole discretion bring any claim against Customer before any other court of competent jurisdiction and/or join Customer to any proceedings already pending against ThinkTank in another jurisdiction.