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Thinking Mode - Platform Access Conditions

Effective Date: 7/10/2025

1. Outline

1.1 The Thinking Mode Platform is an AI-powered assessment platform designed to assist educators in verifying student understanding through conversational assessments. For Customers who hold the relevant subscription, the Platform enables the creation, management and administration of such assessments, including the ability to monitor User participation. For Users, the Platform provides access to, and the ability to complete, such assessments as made available by a Customer.

1.2 These Platform Access Conditions govern your use of and access to the Thinking Mode Platform.

1.3 By using the Thinking Mode Platform, you agree to these Platform Access Conditions. You represent and warrant to us that:

(a) you have the legal capacity and authority to enter into and comply with these Platform Access Conditions, including on behalf of any entity you may represent;
(b) subject to clause 1.4, if you are under 18 years of age, you possess legal parental or guardian consent to use the Platform, and that legal parental or guardian has the legal capacity to enter into a binding legal agreement with us on your behalf and agrees to be bound by these Platform Access Conditions on your behalf.

1.4 If you are under 13 years of age, you must not access or use the Thinking Mode Platform.

1.5 If you do not agree to the Platform Access Conditions, you may not use the Thinking Mode Platform.

1.6 We may change, vary or modify all or part of these Platform Access Conditions at any time at our sole discretion.

1.7 If we adopt new Platform Access Conditions:

(a) we will post the new Platform Access Conditions on the Thinking Mode Platform; and
(b) they will thereupon apply to your use of and access to the Thinking Mode Platform through your acceptance of them by subsequent or continued use of the Thinking Mode Platform.

1.8 It is your responsibility to check these Platform Access Conditions periodically for changes.

1.9 If you object to any variation to these Platform Access Conditions, your only remedy is to immediately discontinue your use of the Thinking Mode Platform.

1.10 As long as you comply with these Platform Access Conditions, we grant you a personal, non-exclusive, non-transferable, limited right to enter and use the Thinking Mode Platform. For the avoidance of doubt, such right of use does not extend to any use for which a subscription is required (whether for payment of fees or for pilot or demonstration purposes). Any such rights of use are governed by the relevant Customer Agreement.

1.11 These Platform Access Conditions were last updated on 7th of October, 2025.

2. Privacy

2.1 The Privacy Notice applies to your use of the Thinking Mode Platform.
2.2 The Privacy Notice may be changed from time to time and is effective immediately upon such a change.
2.3 The Privacy Notice can be found at Privacy Policy – Thinking Mode.
2.4 You acknowledge and agree that transmissions on the internet are never completely private or secure and you understand that any message or information you send to or download from the Thinking Mode Platform (where permitted) may be read or intercepted by others.

3. Access to Thinking Mode Platform

3.1 While we use reasonable endeavours to ensure that the Thinking Mode Platform is available continuously, subject to the terms of any Customer Agreement you enter with us or that otherwise enables your use of the Thinking Mode Platform, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Thinking Mode Platform will provide specific results or benefits.

3.2 The Thinking Mode Platform and its Content is delivered on an as-is and as-available basis.

3.3 Your access to the Thinking Mode Platform may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control.

3.4 Except as expressly provided otherwise in the Platform Access Conditions, we reserve the right to change or discontinue any website, page, functionality, feature or service (or part thereof) on the Thinking Mode Platform at any time.

3.5 We cannot ensure that any files or other data you download from the Thinking Mode Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features.

4. Thinking Mode Platform Content

4.1 The Thinking Mode Platform contains Content that is protected by our Intellectual Property Rights or those of a relevant third party.

4.2 Except as expressly provided otherwise in these Platform Access Conditions or any Customer Agreement you do not have any right, title or interest in or right of use of any Content on the Thinking Mode Platform.

4.3 Except as expressly provided in these Platform Access Conditions or any relevant Customer Agreement, no part of the Thinking Mode Platform or Content (other than a temporary copy held in your computer's cache) may be copied, stored, altered, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent.

4.4 You may use information on the Thinking Mode Platform purposely made available by us for downloading from the Thinking Mode Platform, provided that you:

(a) do not remove any proprietary notice language in copies of such documents;
(b) (except where expressly permitted) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and
(c) make no modifications to any such information.

5. Registration of Users

5.1 To access or use certain parts of the Thinking Mode Platform, you may be required to register as a User.

5.2 You acknowledge the need for data validation. The Thinking Mode Platform may require email verification to confirm eligibility to access or use the relevant Content. Email verification is utilised solely for the purpose of confirming the eligibility of a person to access or use relevant Content.

5.3 We store data in the cloud which is used to authenticate permitted Users of the Thinking Mode Platform. This data is limited to:

(a) For Customers: first and last name, email address(es), encrypted password, payment information and postal address.
(b) For all other Users: first name and first initial of last name.

5.4 When registering as a Customer of the Thinking Mode Platform, you must:

(a) provide us with accurate, complete and up-to-date registration information, as requested;
(b) verify your email address, as required; and
(c) inform us of any changes to your registration information.

5.5 When registering as a User of the Thinking Mode Platform, you must not:

(a) create a User registration for any person other than yourself, unless you are that User’s legal parental or guardian and are registering the User on behalf of that User; or
(b) misrepresent your identity or otherwise impersonate another User or person.

5.6 As a registered Customer of the Thinking Mode Platform, you must:

(a) ensure the security and confidentiality of your User registration details, including any username and/or password assigned to you;
(b) notify us immediately if you become aware of any unauthorised use of your User details; and
(c) not permit your User details to be used by or transferred to any other person.

5.7 You are entirely responsible for all and any activities which occur under your User details as a result of your failing to keep your information secure and confidential.

5.8 We reserve the right, in our sole discretion, to suspend or terminate your use or access to all or any part of the Thinking Mode Platform, including (without limitation) if you have breached the Platform Access Conditions or a Customer Agreement or are no longer an active user of the Thinking Mode Platform.

6. Use of the Thinking Mode Platform

6.1 You must not:

(a) use the Thinking Mode Platform in breach of any applicable laws or regulations;

(b) use the Thinking Mode Platform (or Content obtained from the Thinking Mode Platform):

(i) to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
(ii) to impersonate any person or entity;
(iii) to solicit money, passwords or personal information from any person;
(iv) to harm, abuse, harass, stalk, threaten or otherwise offend others; or
(v) for any unlawful purpose;

(c) use the Thinking Mode Platform to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

(i) is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
(ii) contains any Personal Information (including Sensitive Information, as those terms are defined in the Privacy Act 1988 (Cth)) about you or any other individual;
(iii) contains, promotes, or provides information about unlawful activities or conduct;
(iv) is intended to manipulate, mislead, or otherwise interfere with the proper operation of the Thinking Mode Platform and Thinking Mode Service, including through adversarial inputs, or similar inputs designed to cause the Thinking Mode Platform and Thinking Mode Service to act contrary to its intended purpose;
(v) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(vi) exploits another person in any manner;
(vii) contains nudity, excessive violence, or sexual acts or references;
(viii) includes an image or personal information of another person or persons unless you have their consent;
(ix) poses or creates a privacy or security risk to any person;
(x) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
(xi) contains large amounts of untargeted, unwanted or repetitive content;
(xii) contains restricted or password only access pages, or hidden content;
(xiii) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
(xiv) advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us);
(xv) contains financial, legal, medical or other professional advice unless you have a lawful basis for collecting, using, disclosing and storing that information; or
(xvi) interferes with, disrupt, or creates an undue burden on the Platform or any systems, or networks connected to the Thinking Mode Platform;

(d) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Thinking Mode Platform;

(e) use the Thinking Mode Platform with the assistance of any automated scripting tool or software;

(f) frame or mirror any part of the Thinking Mode Platform without our prior written authorisation;

(g) use code or other devices containing any reference to the Thinking Mode Platform to direct other persons to any other web page;

(h) attempt to gain unauthorised access to any portion or feature of the Thinking Mode Platform, or any other systems or networks connected to the Thinking Mode Platform or to any of our servers, or to any part of the Thinking Mode Service offered on or through the Thinking Mode Platform, by hacking, password mining or any other illegitimate means;

(i) probe, scan or test the vulnerability of the Thinking Mode Platform or any network connected to the Thinking Mode Platform, nor breach the security or authentication measures on the Thinking Mode Platform or any network connected to the Thinking Mode Platform;

(j) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Thinking Mode Platform to its source, or exploit the Thinking Mode Platform or any service or information made available of offered through the Thinking Mode Platform, in any way where the purpose is to reveal any information, as provided for by the Thinking Mode Platform;

(k) use any device, software or routine to interfere or attempt to interfere with the proper working of the Thinking Mode Platform or any transaction being conducted on the Thinking Mode Platform or with any other person’s use of the Thinking Mode Platform;

(l) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Thinking Mode Platform or cause any other person to do so; or

(m) delete any attributions or legal or proprietary notices on the Thinking Mode Platform.

7. Thinking Mode Service

7.1 You agree to use the permitted functionality of the Thinking Mode Service (via use of the Thinking Mode Platform) at your sole risk.

7.2 You will not use the Thinking Mode Service (via use of the Thinking Mode Platform), or any part of it, in any manner that is inconsistent with the terms of use of the Thinking Mode Service or in a way that infringes the Intellectual Property Rights of any person or in a manner which is unlawful.

7.3 We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on use of the Thinking Mode Platform and/or Thinking Mode Service (or any part of it) at any time without notice or liability to you.

8. Material of User

8.1 By uploading, transmitting, posting or otherwise making available any Material via the Thinking Mode Platform (where permitted), you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the Material in any form solely to the extent required for the operation of the Thinking Mode Platform and/or Thinking Mode Service, and in accordance with any relevant Customer Agreement;
(b) except where expressly stated otherwise, also grant each User of the Thinking Mode Platform a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the Material solely to the extent required for the operation of the Thinking Mode Platform and/or Thinking Mode Service, and in accordance with any relevant Customer Agreement;
(c) warrant to us that you have the right to grant the above mentioned licences;
(d) warrant to us that the Material does not breach these Platform Access Conditions; and
(e) unconditionally waive and consent to the infringement of all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

8.2 For the avoidance of doubt, nothing in clause 8.1 transfers ownership of your Material to us.

8.3 We reserve the right (but have no obligation) to:

(a) review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Platform Access Conditions, is inappropriate, offensive, not fit for purpose, or otherwise inconsistent with the intended use of the Thinking Mode Platform and Thinking Mode Service or otherwise has the potential to harm, endanger or violate the rights of any person; and
(b) monitor use of the Thinking Mode Platform, and store or disclose any information that we collect, including in order to investigate compliance with the Platform Access Conditions or for the purposes of any police investigation or governmental request.

8.4 We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Thinking Mode Platform by any person other than us.

8.5 For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Thinking Mode Platform simply by facilitating others to post, transmit or make Material available, nor do we endorse any opinion, advice or statement made by any person other than us.

9. Personal Data

9.1 We collect and process some or all of following categories of personal information for use and functionality of the Thinking Mode Platform and the Thinking Mode Service:

(a) personal contact information such as name, email address and encrypted password;
(b) communications and chat logs using the Thinking Mode Service;
(c) employment and engagement details including employer/engager name, job title and function, identity and contact details;
(d) geolocation data, unique IDs collected from mobile devices, network carriers or data providers; and
(e) authentication data, financial and payment information and such other information necessary or convenient for delivering or in connection with our services.

9.2 We collect, use process and allow the processing of this personal information through your own input into, or use of, the Thinking Mode Platform, for the following purposes and you consent to all such use:

(a) to enable your use of the Thinking Mode Platform and Thinking Mode Service (in each case, as may be permitted);
(b) to assess whether you are a permitted User;
(c) to make available personal information to a relevant Customer;
(d) to store in a relevant database;
(e) to personalise and customise your experiences with us;
(f) to help us review, manage and enhance the Thinking Mode Service and the Thinking Mode Platform;
(g) to develop insights (on a de-identified or aggregated basis) used in reports or other content developed by us;
(h) to communicate with you and any relevant third parties; and
(i) to lawfully carry out our functions and activities in relation to such matters.

9.3 Our legal basis for processing such information includes our legitimate interests in performing, maintaining and securing our services and operating our business in an efficient and appropriate manner. Personal information may also be processed based on our legal obligations, such as the performance of our contract with you or another relevant person, or legitimate interest to comply with such legal obligations. Additionally, because it is reasonably necessary for, or directly related to, our functions or activities.

9.4 We may use the personal information we collect and you consent to us using your personal information to:

(a) investigate any complaints about, or made by you, or if we have reason to suspect you have breached these Platform Access Terms or any relevant Customer Agreement;
(b) as required or permitted by any law; and
(c) for the purposes stated above at clause 9.2.

9.5 We will collect, hold, use or disclose personal information and sensitive personal information (if any) in accordance with our Privacy Notice.

9.6 We also collect data that is not personal information, such as data relating to your activity using the Thinking Mode Platform and/or the Thinking Mode Service.

9.7 We will only use, process or disclose your personal information:

(a) for the purposes which the personal information is collected; and
(b) if we otherwise get your informed consent to do so or as otherwise permitted by relevant laws.

9.8 We may disclose personal information and you consent to us disclosing such personal information to:

(a) third parties engaged by us to perform functions related to the Thinking Mode Platform or the Thinking Mode Service;
(b) OpenAI and Amazon Web Services (as a sub-processor) to the extent necessary to provide functionality of the Thinking Mode Platform and the Thinking Mode Service;
(c) our professional advisors;
(d) a relevant person entitled to use or enjoying rights concerning the Thinking Mode Service;
(e) persons authorised by you to receive personal information or other data held by us;
(f) a purchaser of all or any part of the Thinking Mode business or any other part of our business; and
(g) any other persons as required or permitted by any law.

9.9 This is a summary of some provisions of our Privacy Notice as it relates to the specific use of the Thinking Mode Platform. Our full Privacy Notice may be found at Privacy Policy – Thinking Mode.

10. Third Party Content, Links + Terms

10.1 The Thinking Mode Platform may contain Third Party Content. We are not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency, suitability, accuracy or completeness of any Third Party Content.

10.2 The Thinking Mode Platform may also contain Third Party Links. Third Party Links are provided for convenience or for a third party service of relevance to you and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links or third party services and have no control over or rights in linked websites or platforms.

10.3 You acknowledge and agree that relevant Third Party Terms shall apply as may be relevant to you.

10.4 You agree to any Third Party Terms applicable to any third party goods and services, and that we are not liable for any loss or damage suffered by you in connection with such Third Party Terms, Third Party Links or third parties.

11. No Warranties

11.1 The Thinking Mode Platform is made available to you strictly on an as is, as available basis. We cannot guarantee, and make no warranties, to the extent permitted by law, that:

(a) the Thinking Mode Platform will be free from errors or defects;
(b) the Thinking Mode Platform will be accessible or available at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Thinking Mode Platform will be secure or confidential; or
(e) any information provided through the Thinking Mode Platform is accurate or true.

12. Security

12.1 We adopt the following information security controls with respect to the Thinking Mode Platform:

(a) we follow the National Institute of Standards and Technology (NIST) Cybersecurity Framework and are working towards alignment with ISO/IEC 27001;
(b) your data is secured using industry standard security measures;
(c) we comply with Data Processing Agreements, Customer Confidentiality Agreements and Non–Disclosure Agreements, where applicable;
(d) we have processes in place to notify you of security incidents and security breaches;
(e) data centre locations and jurisdictions are in Sydney, Australia;
(f) subject to the Privacy Act 1988 (Cth) and any other relevant data protection laws, data may be stored indefinitely, unless otherwise directed by you, in which case it will be securely destroyed upon request;
(g) backups of all data are made daily;
(h) we run local processes to control your access to the Thinking Mode Platform through:
- (i) authorisation for new users; and
- (ii) revocation processes for leavers;
(i) we implement password length and complexity controls; and
(j) we differentiate between general and admin accounts.

12.2 You acknowledge, understand and agree that any such controls are not a guarantee of information or data security and may be impacted by the activities of third persons (including foreign persons, states or countries) and your conduct as well as the conduct of your personnel (if applicable).

12.3 To the extent lawful, we accept no liability in relation to information security, other than its obligation to implement (to the extent within its control) the security controls set out in clause 12.1.

12.4 You acknowledge and agree that transmissions over the internet are never completely private or secure and understand that any message or information sent to, downloaded from or viewed on the Thinking Mode Platform (where permitted) or any other interaction with the Thinking Mode Platform may be accessed or intercepted by third parties.

12.5 We do not warrant that any files or other data a person may download from the Thinking Mode Platform (where permitted) will be free of viruses or contamination or destructive features.

12.6 To the extent lawful, we accept no liability for any interference with, or damage to, your computer system, device, software, or data arising in connection with your use of the Thinking Mode Platform or any services provided by us.

12.7 You acknowledge that your computer, software or data may be damaged by a virus transmitted or activated via the Thinking Mode Platform or your access to or use of it.

12.8 We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, computer systems, mobile devices or other electronic devices arising in connection with use of the Thinking Mode Platform. You should take your own precautions to ensure that the process which you employ for accessing the Thinking Mode Platform does not expose yourself to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

13. Accuracy of Information

13.1 Content or information on the Thinking Mode Platform or which is acquired from other sources may not be accurate, current or complete and we make no commitment to update content or information.

14. Cancellation

14.1 You are responsible for the cancellation of your account. You can cancel your account at any time by contacting us using the functionality provided.

14.2 To the extent permitted by law and subject to the terms of any Customer Agreement, we reserve the right to terminate your access to any or all of the Thinking Mode Platform or any part of the Thinking Mode Platform at any time without notice, for any reason, provided (subject to clause 14.3) that we refund to you any fees for the Thinking Mode Platform which you have paid for and not received.

14.3 We may also terminate your access to any or all of the Thinking Mode Platform at any time without notice without issuing a refund if you breach any provision of a Customer Agreement.

14.4 We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your account.

15. Limitation of Liability

15.1 Subject to any applicable laws which cannot be excluded or modified and the terms of a Customer Agreement with a relevant Customer (which are not affected by this clause 15), our aggregate liability for breach of or liabilities under, in respect of and in connection with these Platform Access Conditions and use of the Thinking Mode Platform, as well as our duties at law and in equity (however arising) and whether in contract, tort (including without limitation negligence), under statute, under indemnities or on any other basis is limited (except for fraud, or death or personal injury caused by our negligence) to A$50.00.

15.2 Without limitation, we do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile devices or other electronic devices arising in connection with use of the Thinking Mode Platform. You should take your own precautions to ensure that your use of the Thinking Mode Platform does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

16. Notice of Infringement

16.1 If you think that the Thinking Mode Platform has been accessed or used by another user in breach of the Platform Access Conditions, please email us at privacy@thinkingmode.com.

16.2 If you wish to send us a copyright infringement notification, you will need to identify the Content or Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information.

16.3 You will need to sign the notice and send it to privacy@thinkingmode.com.

17. General

17.1 Indemnity: You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your use of, access to, or conduct in connection with the Thinking Mode Platform, including any breach of these Platform Access Conditions.

17.2 Lawful purpose: You shall ensure that the Platform is used only for lawful purposes and in accordance with any applicable laws.

17.3 Binding: These Platform Access Conditions shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or being a company, its successors, administrators and permitted assigns.

17.4 Inconsistency: If there is any inconsistency between a Customer Agreement and the Platform Access Terms the Customer Agreement shall prevail as regards the relevant Customer.

17.5 Assignment: We may assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Platform Access Conditions. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Platform Access Conditions without our prior written consent.

17.6 Severability: Each clause in these Platform Access Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.

17.7 Waiver: No failure, delay, relaxation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.

18. Dispute Resolution

18.1 If you have any questions, feedback or wish to raise a complaint, please contact us at the following email address: support@thinkingmode.com.

18.2 In the event that you have an issue with the Thinking Mode Platform or the Thinking Mode Service (as may be relevant to your use of the Thinking Mode Platform) and you are unsatisfied with our initial response after raising your concerns with us directly as specified in clause 18.1, you agree to make a good-faith effort to resolve any dispute between us for at least 30 days and seek to reach a resolution. Those informal good faith efforts will start on the day that we receive a written notice from you that includes your name, how to contact you, what the problem is and what action you wish us to take in order to resolve the issue.

19. Governing Law

19.1 These Platform Access Conditions are governed by the laws of South Australia, Australia which shall have exclusive jurisdiction with respect to any disputes concerning the subject-matter of this document.

20. Interpretation + Definitions

20.1 Personal pronouns: Except where the context otherwise provides or requires:

(a) the terms we, us or our refers to AI & Assessment Solutions Pty Ltd (ABN 78 685 561 906) a proprietary company limited by shares; and
(b) the terms you or your refers to a user of the Platform.

20.2 Defined terms: In these Platform Access Conditions, unless otherwise provided, the following terms shall have their meaning as specified:

Content means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Thinking Mode Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights. For the avoidance of doubt, Content does not include any User generated data.
Customer means the person so named or contemplated as the customer, whether pursuant to a Customer Agreement including via online subscription processor by some other means of contracting with us.
Customer Agreement means an agreement relating to the Thinking Mode Platform which is entered into between us and the relevant Customer.
Thinking Mode means the relevant Thinking Mode solutions, technologies and services to which that brand and trade mark is applied by us or the relevant rights holder, from time to time.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Material means any material in which you have Intellectual Property Rights provided by you for use on the Thinking Mode Platform or in the production, development and supply of the Thinking Mode Service to you including, but not limited to, text, illustrations, photographs, audio, video, any combination of these or other material.
Platform Access Conditions means these terms and conditions of access to the Thinking Mode Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Thinking Mode Platform, as amended from time to time.
Privacy Notice means our privacy notice or policy as amended from time to time.
Thinking Mode means the relevant Thinking Mode solutions, technologies and services to which that brand and trade mark is applied by us or the relevant rights holder, from time to time.
Thinking Mode Platform means the platform and its relevant functionality and attributes which is located at https://staging.thinkingmode.com/.
Thinking Mode Service is a service offered by us to relevant persons and which includes access to and use of the Thinking Mode Platform on a basis and extent permitted by it from time to time.
Third Party Content means text, images, data and other content or services provided by a third party.
Third Party Links means links to websites or platforms operated by third parties.
Third Party Terms means third party terms and conditions of use, privacy policies and other documents that relate to third parties.
User means a permitted user of the Thinking Mode Platform.

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