Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ThinkKits, LLC, a Pennsylvania limited liability company ("ThinkKits," "we," "us," or "our"), governing your access to and use of the ThinkKits platform located at app.thinkkits.com, including all associated APIs, data services, tools, and features (collectively, the "Platform").

By accessing the Platform, creating an account, or purchasing a subscription or physical product, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Acceptable Use Policy, each of which is incorporated herein by reference.

If you are accepting these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not access or use the Platform.

2. Account Terms

2.1 Eligibility

You must be at least 18 years old and capable of entering into a legally binding contract to create an account. By using the Platform, you represent that you meet these requirements. The Platform is not directed to children under 13, and we do not knowingly collect information from children under 13.

2.2 Account Registration

To access most features, you must register for an account and provide accurate, complete information. You agree to:

• Maintain accurate, current account information and update it promptly when it changes
• Keep your password and login credentials confidential
• Not share your account credentials or permit others to access the Platform through your account
• Notify us immediately at security@thinkkits.com if you suspect unauthorized access to your account

2.3 Account Responsibility

You are responsible for all activity that occurs under your account, including activity by users to whom you have granted access within your organization. ThinkKits is not liable for any loss or damage arising from your failure to maintain the security of your account.

2.4 One Account Per User

Each account is for a single user. Sharing accounts across multiple individuals is not permitted. Organizations needing multiple seats should contact us about Business or Enterprise plans.

3. Subscription Plans and Fees

3.1 Available Plans

The Platform is available under the following subscription tiers:

• Free Explorer — Limited access at no charge; subject to daily usage limits
• Starter — $99/month; expanded data access and core tools
• Professional — $249/month; full platform access including AI features
• Business — $499/month; team access, API, and advanced intelligence tools

Annual pricing and Enterprise plans are available. Contact sales@thinkkits.com for custom terms.

3.2 Billing and Payment

Paid subscriptions are billed in advance on a monthly or annual basis. By providing payment information, you authorize ThinkKits to charge the applicable fees to your payment method on a recurring basis. All fees are stated in U.S. dollars and are non-refundable except as expressly provided in our Refund & Cancellation Policy.

3.3 Fee Changes

ThinkKits reserves the right to change subscription fees. We will provide at least 30 days' advance notice of any price changes via email or in-app notification. Continued use of the Platform after the effective date of a price change constitutes your acceptance of the new pricing.

3.4 Taxes

You are responsible for all applicable taxes associated with your purchase, except for taxes based on ThinkKits' net income. Where required by law, ThinkKits will collect and remit applicable sales taxes.

4. Permitted Use

Subject to these Terms and payment of applicable fees, ThinkKits grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes within the education sector, including:

• School and district research, data analysis, and market intelligence
• Federal and state education funding identification and assessment
• Grant writing support and funding gap analysis
• Curriculum planning and standards alignment research
• Vendor intelligence and education procurement support
• Equity analysis and resource planning for Title I-eligible schools

This license does not include any right to sublicense, resell, or commercially redistribute Platform data or outputs without express written permission from ThinkKits.

5. Prohibited Conduct

You agree not to use the Platform to:

• Violate any applicable federal, state, or local law or regulation
• Scrape, crawl, or use automated tools to extract data beyond documented API limits or the intended web interface
• Resell, redistribute, or sublicense Platform data or outputs to third parties
• Reverse engineer, decompile, or extract proprietary algorithms, AI models, or scoring logic from the Platform
• Attempt to gain unauthorized access to any part of the Platform, its infrastructure, or other users' accounts
• Circumvent tier restrictions or access features or data beyond your subscription level
• Upload, transmit, or introduce malicious code, viruses, or other harmful content
• Use education data to discriminate against schools, districts, students, or communities on any basis protected by law
• Use the Platform for any purpose outside the education sector without ThinkKits' written consent
• Share, publish, or disclose Platform content in a way that competes with ThinkKits' business

Violations of these prohibitions may result in immediate account suspension or termination and may expose you to legal liability. See our Acceptable Use Policy for the complete list of prohibited uses.

6. Intellectual Property

6.1 ThinkKits IP

The Platform, including its software, design, user interface, data models, scoring methodologies, AI features, documentation, and all content created by ThinkKits, is and remains the exclusive property of ThinkKits, LLC and its licensors. Nothing in these Terms transfers any ownership interest in ThinkKits' intellectual property to you.

6.2 Underlying Public Data

The Platform aggregates and enriches publicly available education data from sources including the National Center for Education Statistics (NCES), the U.S. Department of Education (DOE), USASpending.gov, and other public sources. ThinkKits' compilation, enrichment, scoring, and presentation of this data constitutes original intellectual property. The underlying raw public data itself remains in the public domain.

6.3 User Content

If you submit feedback, suggestions, or other content to ThinkKits, you grant ThinkKits a non-exclusive, worldwide, royalty-free license to use, reproduce, and incorporate such feedback into the Platform without restriction or compensation to you.

6.4 Trademarks

The ThinkKits name, logo, and product names are trademarks of ThinkKits, LLC. You may not use them without prior written consent.

7. Data and Privacy

7.1 Privacy Policy

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

7.2 Education Data Compliance

ThinkKits processes publicly available education data and is designed for use by education professionals. We are committed to responsible data practices:

• FERPA: ThinkKits does not access, process, or store personally identifiable student education records. The Platform uses only aggregate and public-source school and district data. Users must not use Platform data to identify, target, or access individual student records.
• COPPA: The Platform is not intended for use by children under 13. We do not knowingly collect personal information from children under 13.
• SDPC: ThinkKits is a signatory to the Student Data Privacy Consortium (SDPC) framework and adheres to its data stewardship principles.
• State Laws: Users must comply with applicable state student data privacy laws (including, where applicable, SOPIPA and state-level equivalents) when using and acting on Platform data.

7.3 Your Data

You retain ownership of data and content you upload or create in the Platform. ThinkKits will not sell your personal data or account data to third parties. We may use aggregated, de-identified usage data to improve the Platform.

8. Physical Products

8.1 Curriculum Kits

ThinkKits also offers physical curriculum manipulative kits for K-5 classrooms. Orders for physical products are subject to these Terms as well as our Refund & Cancellation Policy and the specific product terms provided at checkout.

8.2 Pricing

Physical product pricing is pack-based and displayed at checkout. Prices are subject to change. Orders are binding at the price confirmed at time of purchase.

8.3 Delivery

Delivery timelines are estimates and not guarantees. ThinkKits is not responsible for delays caused by shipping carriers, customs, force majeure, or circumstances outside our control.

9. Disclaimers

ThinkKits makes reasonable efforts to ensure the accuracy of school, district, and funding data on the Platform, but cannot guarantee the completeness, currency, or accuracy of third-party public data sources. Data is provided for informational and planning purposes. You are responsible for independently verifying data before making financial, procurement, or compliance decisions.

ThinkKits does not provide legal, financial, or compliance advice. Nothing on the Platform constitutes legal or regulatory guidance.

10. Limitation of Liability

ThinkKits' total cumulative liability to you for any claims arising under or related to these Terms shall not exceed the greater of (a) the total fees paid by you to ThinkKits in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, the above limitations apply to the maximum extent permitted by law.

11. Indemnification

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

• Your use of the Platform in violation of these Terms
• Your violation of any applicable law or third-party right
• Content or data you submit to the Platform
• Any claim by a third party arising from your use of Platform data

12. Termination

12.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting billing@thinkkits.com. Cancellation takes effect at the end of your current billing period. See our Refund & Cancellation Policy for details on access and refunds upon cancellation.

12.2 Termination by ThinkKits

ThinkKits may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, including for:

• Violation of these Terms or the Acceptable Use Policy
• Non-payment of fees
• Conduct that ThinkKits determines, in its sole discretion, poses a risk to ThinkKits, other users, or third parties
• Any illegal or fraudulent activity

12.3 Effect of Termination

Upon termination, your right to access and use the Platform immediately ceases. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law provisions.

13.2 Jurisdiction

Any dispute arising under or related to these Terms that is not resolved informally shall be subject to the exclusive jurisdiction of the state and federal courts located in Montgomery County, Pennsylvania. You consent to personal jurisdiction in these courts.

13.3 Informal Resolution

Before filing any formal legal claim, you agree to contact ThinkKits at legal@thinkkits.com and attempt to resolve the dispute informally for at least 30 days. This requirement does not apply to claims for injunctive or equitable relief.

13.4 Class Action Waiver

To the extent permitted by applicable law, you waive any right to bring or participate in a class action, class arbitration, or representative proceeding against ThinkKits.

14. General Provisions

14.1 Modifications to Terms

ThinkKits reserves the right to update these Terms at any time. Material changes will be communicated with at least 30 days' notice via email or in-app notification. Your continued use of the Platform after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform before the effective date.

14.2 Entire Agreement

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and ThinkKits regarding your use of the Platform and supersede all prior agreements and understandings.

14.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

14.4 No Waiver

ThinkKits' failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

14.5 Assignment

You may not assign your rights or obligations under these Terms without ThinkKits' prior written consent. ThinkKits may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

ThinkKits is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including natural disasters, government actions, internet or network outages, or third-party service failures.

15. Contact Information

For questions about these Terms or to report a violation, contact:

• Legal inquiries: legal@thinkkits.com
• Billing and subscriptions: billing@thinkkits.com
• General support: hello@thinkkits.com
• Mailing address: ThinkKits, LLC · 151 Discovery Dr Ste 107, Colmar, PA 18915