Terms of Service - ThinkTower

Nyenbeek B.V.
Postbus 6, 7380 AA Klarenbeek, Netherlands
Chamber of Commerce: 98122630
Email: info@nyenbeek.com

1. Introduction and Acceptance

1.1. These Terms of Service ("Terms") govern your use of ThinkTower software ("Software") developed and provided by Nyenbeek B.V. ("we", "us", "our").

1.2. By downloading, installing, or using the Software, you agree to be bound by these Terms. If you do not agree, do not use the Software.

1.3. For commercial terms (payment, liability, etc.), our General Terms and Conditions apply. These Terms address software-specific matters.

1.4. We may modify these Terms. Continued use after notification constitutes acceptance.

2. Software Description

2.1. ThinkTower is a desktop AI assistant designed to run locally on your device.

2.2. Core features include: AI-powered chat, document analysis, data analysis, and writing assistance.

2.3. The Software uses open-source AI models and runs computations locally. See Section 5 for data handling details.

3. License Grant

3.1. We grant you a non-exclusive, non-transferable license to use the Software in accordance with your license tier.

3.2. This is a license, not a sale. No intellectual property rights are transferred.

3.3. License tiers are available on our website. Features and limitations vary by tier.

3.4. Your license is for personal or internal business use. Redistribution is prohibited.

4. License Tiers and Features

4.1. We offer different license tiers with varying features, limits, and telemetry requirements.

4.2. Current tiers and their features are published on our website at thinktower.ai.

4.3. Free tiers require telemetry as part of the service agreement. Paid tiers have optional telemetry.

4.4. We may modify tier features with 30 days notice. Material reductions entitle you to cancel.

4.5. Pricing: Lifetime license prices may change at any time; the price at time of purchase applies to you. Subscription prices (if applicable) may change with 30 days notice; changes apply at your next renewal period. You may cancel before renewal to avoid the new price.

4.6. Regardless of tier: your document content, chat content, and analysis results are NEVER collected.

5. Privacy and Data Handling

5.1. The Software is designed to operate locally. Your documents and conversations stay on your device.

5.2. Content Data (NEVER transmitted, any tier): Chat conversations, document contents, analysis results, file names, file paths.

5.3. Telemetry Data (when applicable): Feature usage, session info, technical specs, error reports. See Privacy Statement for details.

5.4. License verification requires periodic internet connection (every 14 days).

5.5. Your data is stored locally on your device. You are responsible for the security of your device and backups.

6. Updates and Support

6.1. Your license includes updates within your major version (e.g., all 1.x versions).

6.2. Automatic updates are enabled by default. You may opt out in Settings (not recommended for security).

6.3. New major versions require upgrade. Existing customers receive a discount as published on our website.

6.4. Previous major versions receive security updates for 1 year after new version release.

6.5. Support response times vary by tier, as specified on our website.

7. Discontinuation and End of Life

7.1. We may discontinue development and sale of the Software at any time.

7.2. Upon discontinuation:

Existing Lifetime licenses remain valid for perpetual use of the Software;
The final released version receives security updates for 12 months after discontinuation;
After this period, the Software continues to function but receives no further updates.

7.3. Discontinuation does not entitle licensees to refunds for Lifetime licenses.

7.4. We may, at our discretion, release the Software as open source or transfer support obligations to a successor entity upon discontinuation.

8. System Requirements

8.1. Supported platforms: Windows 10/11 (64-bit), macOS 10.14+ (Intel and Apple Silicon).

8.2. Minimum requirements are published on our website. Performance depends on your hardware.

8.3. We do not guarantee compatibility with all hardware configurations or operating system versions.

9. Output, Code Execution, and Security

Output Disclaimer

9.1. This section applies to ALL output produced by the Software, including: AI-generated text, code generated and executed by the Software, computational results, analyses, and any other results.

9.2. Output may contain errors, inaccuracies, or omissions, regardless of how it was generated. You are solely responsible for verifying all output before use.

9.3. Output does not constitute professional advice. The Software is not a substitute for legal, financial, medical, or other professional advice.

9.4. We are not liable for any damages arising from use of or reliance on output, regardless of how that output was produced.

Code Execution

9.5. The Software may generate and execute program code. Such code may have unintended effects, including modifying, overwriting, or deleting data. You MUST maintain adequate backups before allowing code execution.

9.6. Files you provide to the Software may contain hidden instructions that influence the Software's behavior (prompt injection). We are not liable for damages resulting from processing such files.

Technical Safeguards

9.7. The Software includes security measures such as code sandboxing, network restrictions, and file system access controls. These measures reduce but do not eliminate risk. You accept the residual risk of using the Software.

Third-Party Components

9.8. The Software uses third-party components including open-source libraries, AI models, and runtime environments. We are not liable for defects, vulnerabilities, or malicious behavior in these components.

9.9. AI models may exhibit inherent limitations and unpredictable behavior. We do not warrant that AI models are free from bias, errors, or vulnerabilities.

Security

9.10. No software is completely secure. We do not warrant that the Software is free from vulnerabilities or resistant to current or future attack techniques.

9.11. You are responsible for securing your device, including operating system updates, antivirus software, and access controls.

9.12. You must install security updates promptly. We are not liable for damages that could have been prevented by installing available updates.

9.13. You must report suspected security issues to us promptly at info@nyenbeek.com.

9.14. Despite privacy-by-design architecture, we do not guarantee that no data will ever be transmitted due to unforeseen technical issues. We are not liable for unintended data transmission to the extent permitted by law.

10. Acceptable Use Policy

10.1. You may use the Software for lawful purposes only. You are solely responsible for ensuring your use complies with all applicable local, national, and international laws and regulations in your jurisdiction.

10.2. You must NOT:

Use the Software for any illegal purpose or to violate any laws;
Use output to deceive, defraud, or mislead others;
Generate content that impersonates real individuals without consent;
Attempt to circumvent AI safety measures or content policies (jailbreaking);
Use the Software for automated decision-making with legal effects without human review;
Generate content promoting violence, hatred, or discrimination;
Reverse engineer, decompile, or disassemble the Software;
Share, resell, or redistribute your license;
Circumvent license limitations or telemetry requirements;
Use the Software to develop competing products;
Intentionally introduce malicious content to test or exploit vulnerabilities;
Use the Software in safety-critical applications without independent verification.

10.3. Violation may result in license termination without refund.

11. Export Compliance

11.1. You agree to comply with all applicable export control laws and economic sanctions regulations, including those of the European Union, the Netherlands, and the United States.

11.2. You may not export, re-export, or transfer the Software to any country, entity, or person prohibited by applicable laws, including countries subject to comprehensive sanctions.

11.3. You represent that you are not located in, under the control of, or a national or resident of any sanctioned country, and are not on any prohibited party list.

11.4. We may terminate your license immediately if we reasonably believe you are in violation of export control laws or sanctions.

12. Refund Policy

12.1. We offer a 30-day money-back guarantee on all purchases.

12.2. To request a refund, contact us at info@nyenbeek.com within 30 days of purchase.

12.3. Refund requests after 30 days or after subscription renewal are not accepted.

12.4. Upon refund, your license is revoked and you must uninstall the Software.

13. Intellectual Property

13.1. The Software, including code, design, documentation, and AI models, is owned by us or our licensors.

13.2. ThinkTower is a trademark of Nyenbeek B.V.

13.3. Your content remains yours. We claim no rights to content you create or process.

13.4. The Software includes open-source components. Licenses are available in Settings > About.

13.5. Any feedback, suggestions, ideas, or feature requests you provide regarding the Software become our property. We may use such feedback for any purpose without obligation or compensation to you. This includes implementing suggested features in the Software or other products.

14. Limitation of Liability

14.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE 12 MONTHS PRECEDING THE CLAIM.

14.2. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

14.3. These limitations apply regardless of the legal theory (contract, tort, or otherwise).

14.4. The limitations in this section apply to all claims, including those related to security incidents, code execution, AI model behavior, and third-party components.

15. Warranty Disclaimer

15.1. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

15.2. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR MEET YOUR REQUIREMENTS.

15.3. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OUTPUT.

15.4. WE DO NOT WARRANT THAT THE SOFTWARE IS FREE FROM VULNERABILITIES OR THAT SECURITY MEASURES WILL BE EFFECTIVE AGAINST ALL THREATS.

16. Indemnification

16.1. You agree to indemnify and hold us harmless from claims arising from your use of the Software, violation of these Terms, or infringement of third-party rights.

16.2. This includes claims arising from your failure to maintain adequate backups or install security updates.

17. Term and Termination

17.1. These Terms remain in effect while you use the Software.

17.2. We may terminate your license for material breach, including violation of the Acceptable Use Policy.

17.3. Upon termination, you must cease use and uninstall the Software.

17.4. Sections on liability, indemnification, and governing law survive termination.

18. Changes to Terms

18.1. We may modify these Terms with 30 days notice via email or in-app notification.

18.2. Material changes affecting your rights entitle you to terminate with prorated refund.

18.3. Continued use after the notice period constitutes acceptance.

19. Governing Law and Disputes

19.1. These Terms are governed by Dutch law.

19.2. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

19.3. Disputes shall be submitted to the competent court in the Netherlands.

19.4. Consumers may choose the courts of their country of residence.

19.5. United States Users: To the fullest extent permitted by applicable law, you agree to resolve any dispute with us on an individual basis and waive any right to participate in a class action, collective action, or representative proceeding. Any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action.

20. Assignment

20.1. We may assign or transfer these Terms, and any rights and licenses granted hereunder, to a successor entity in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, without your consent.

20.2. Upon such assignment, the successor entity assumes all our obligations under these Terms.

20.3. You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent.

21. General Provisions

21.1. If any provision is unenforceable, remaining provisions remain in effect.

21.2. Our failure to enforce any right does not waive that right.

21.3. These Terms, together with our General Terms and Conditions and Privacy Statement, constitute the entire agreement.

22. Contact

For questions about these Terms:

Email: info@nyenbeek.com
Address: Postbus 6, 7380 AA Klarenbeek, Netherlands