Terms of Service

Welcome to ThoughtDrops. These Terms of Service ("Terms") are a binding agreement between you and ThoughtDrops LLC, a New Jersey limited liability company ("ThoughtDrops," "we," "our," or "us"). By downloading, installing, or using the ThoughtDrops mobile application (the "App"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

PLEASE READ THESE TERMS CAREFULLY. SECTION 15 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES BETWEEN YOU AND THOUGHTDROPS ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 15.

1. Description of Service

ThoughtDrops is an AI-powered content creation application that allows users to record voice memos, generate research and video scripts using artificial intelligence, and record videos with a built-in teleprompter. The App may be updated, modified, or discontinued at any time.

2. Eligibility and Account Registration

To use ThoughtDrops, you must create an account with a valid email address and password. You are responsible for:

You must be at least 13 years old to create an account. If you are between 13 and 17 years old, you may use the App only if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We may require you to confirm your age or date of birth at registration.

3. Acceptable Use

You agree not to use ThoughtDrops to:

4. Content Ownership and License

Your Content: You retain ownership of all content you create using ThoughtDrops, including voice recordings, transcriptions, and generated scripts ("User Content"). By using the App, you grant ThoughtDrops a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, and transmit your User Content solely to operate and provide the App's features, including transmitting it to the third-party service providers identified in our Privacy Policy (transcription, AI processing, and web research) solely for that purpose. This license ends when you delete the relevant content or your account, except where limited retention by a service provider is described in our Privacy Policy or retention is required by law.

AI-Generated Content: Scripts, research summaries, and other AI-generated outputs are created for your use. You are free to use, modify, and publish this content. However, you are solely responsible for reviewing AI-generated content for accuracy before publishing or sharing it.

Our Content: The ThoughtDrops App, including its design, code, and branding, is owned by ThoughtDrops LLC and protected by intellectual property laws. You may not copy, modify, or distribute the App itself.

5. AI-Generated Content Disclaimer

ThoughtDrops uses artificial intelligence to generate research, scripts, and other content. While we strive for accuracy:

6. Privacy

Your use of ThoughtDrops is also governed by our Privacy Policy, which describes how we collect, use, and protect your information, including how you provide and may withdraw consent to the processing of your data.

7. Fees

The App is currently offered free of charge. We may introduce paid features, subscriptions, or other pricing in the future. If we do, the price and billing terms will be clearly presented to you before you incur any charge, and any purchases made through the Apple App Store or Google Play will also be subject to that marketplace's payment, billing, and refund terms.

8. Service Availability

We strive to keep ThoughtDrops available and functional at all times, but we do not guarantee uninterrupted service. The App may be temporarily unavailable due to:

9. Copyright Complaints (DMCA)

We respect intellectual property rights. If you believe content stored through the App infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) — identification of the work, identification of the allegedly infringing material, your contact information, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature — to:

ThoughtDrops LLC — Copyright Agent
Email: hello@thoughtdrops.us (subject line "DMCA Notice")
Address: 136 NJ State Route 10, #120, East Hanover, NJ 07936

We will terminate the accounts of repeat infringers in appropriate circumstances.

10. Disclaimer of Warranties

THE APP AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THOUGHTDROPS LLC DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THOUGHTDROPS LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, CONTENT, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APP, INCLUDING LOSS OF DATA OR CONTENT, INACCURACIES IN AI-GENERATED CONTENT, SERVICE INTERRUPTIONS OR DOWNTIME, OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT RESULTING FROM YOUR FAILURE TO PROTECT YOUR CREDENTIALS; AND (B) THE TOTAL AGGREGATE LIABILITY OF THOUGHTDROPS LLC FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS (US $100) OR (ii) THE TOTAL AMOUNTS YOU PAID TO THOUGHTDROPS FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THOUGHTDROPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Your Rights Under State Law

Some jurisdictions do not allow the disclaimer of certain implied warranties or the exclusion or limitation of certain damages. If those laws apply to you, some or all of the disclaimers, exclusions, or limitations in Sections 10 and 11 may not apply, and you may have additional rights.

Notice to New Jersey residents: The disclaimers, exclusions, and limitations in Sections 10, 11, and 13 apply to you only to the extent permitted by New Jersey law. Nothing in these Terms is intended to limit or waive any right you hold under New Jersey law that may not lawfully be limited or waived, including rights under the New Jersey Consumer Fraud Act, the Truth-in-Consumer Contract, Warranty and Notice Act, the Punitive Damages Act, or the New Jersey Products Liability Act, and no provision of these Terms should be read to violate any clearly established legal right of a New Jersey consumer.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ThoughtDrops LLC and its members, managers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your User Content, including content you publish or distribute after creating it with the App; (b) your use or misuse of the App; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party. This obligation does not apply to the extent a claim arises from our own breach of these Terms.

14. Account Termination

You may delete your account at any time from within the App or by contacting us. We may suspend or terminate your account if you violate these Terms. Upon termination, your right to use the App ceases and we may delete your stored data after a reasonable period, consistent with our Privacy Policy. Sections 4 (as to prior use), 5, and 9 through 18 survive termination.

15. Governing Law and Dispute Resolution

Governing Law. These Terms and any dispute arising from them or the App are governed by the laws of the State of New Jersey and applicable U.S. federal law, without regard to conflict-of-laws principles.

Informal Resolution First. Before starting arbitration or any court proceeding, you and ThoughtDrops each agree to first send the other a written notice of the dispute (to hello@thoughtdrops.us, or to the email address on your account) describing the claim and the relief sought, and to attempt in good faith to resolve it within 30 days.

Binding Arbitration. If the dispute is not resolved informally, you and ThoughtDrops agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator, in the county where you reside or by videoconference, in English. Payment of filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction. If the AAA is unavailable or unwilling to administer the arbitration, the parties will agree on an alternative administrator, or a court will appoint one.

Small Claims Carve-Out. Either party may instead bring an individual claim in small claims court in a jurisdiction where the claim qualifies.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THOUGHTDROPS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY. If the class action waiver is found unenforceable as to a particular claim, then this entire arbitration provision (but not the rest of these Terms) shall be void as to that claim.

30-Day Opt-Out Right. You may opt out of this arbitration provision entirely by emailing hello@thoughtdrops.us with the subject line "Arbitration Opt-Out," including your name and account email, within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

Court Proceedings. For any dispute not subject to arbitration (including if you opt out), you and ThoughtDrops consent to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.

16. App Marketplace Terms

Apple App Store. If you download the App from the Apple App Store, the following additional terms apply:

Google Play. If you download the App from Google Play, your use of the App is also subject to the Google Play Terms of Service.

17. Changes to Terms

We may update these Terms from time to time. For material changes, we will provide notice by email to the address on your account or by an in-app notice before the changes take effect, in addition to updating the "Last updated" date above. Continued use of the App after the effective date of updated Terms constitutes acceptance.

18. General

19. Contact

If you have questions about these Terms of Service, please contact:

ThoughtDrops LLC
Email: hello@thoughtdrops.us
Address: 136 NJ State Route 10, #120, East Hanover, NJ 07936