Effective Date: January 2026 | Version: 2.0

1. Acceptance of Terms

By accessing or using the thinccc platform operated by Thinccc Inc., you agree to be bound by these Terms of Service, our Privacy Policy, and any applicable Data Processing Agreement. If you do not agree to all terms, do not use the platform.

2. Description of Service

thinccc is a workforce readiness assessment platform that uses challenge-based learning to measure Critical thinking, Communication, and Collaboration skills through our proprietary 3CQ Framework. The platform captures behavioral data during interactive challenges to provide validated skill measurement for students age 13 and older.

3. Eligibility and Age Verification

thinccc is intended for users age 13 and older. By using the platform, you represent and warrant that you are at least 13 years old. During registration, users must affirmatively confirm they meet the age requirement. Schools are responsible for ensuring students assigned to the platform meet this age requirement.

4. Account Requirements

Accounts may be created by authorized school administrators or through approved single sign-on integrations.

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities under your account.
• Administrative users with access to student data must enable two-factor authentication.
• You must notify us immediately of any unauthorized access to your account.

5. Acceptance Recording

When you accept these Terms and our Privacy Policy, we record the date, time, and version numbers of the documents you accepted. This creates a record of your agreement. If we update these Terms, you will be asked to review and accept the new version.

6. Acceptable Use

You agree to use thinccc only for lawful educational purposes. You may not:

• Attempt to gain unauthorized access to the platform or other accounts
• Interfere with platform operations or security measures
• Share your account credentials with others
• Use the platform to collect information about other users for unauthorized purposes
• Submit false, misleading, or fraudulent information
• Attempt to reverse engineer, decompile, or extract source code
• Use automated systems to access the platform without authorization

7. Intellectual Property

The thinccc platform, including the 3CQ Framework, challenges, educational content, assessment algorithms, and software, is owned by Thinccc Inc. and protected by intellectual property laws. Schools and users receive a limited, non-exclusive, non-transferable license to use the platform for educational purposes as specified in their agreement.

8. Student Data

Our collection and use of student data is governed by our Privacy Policy and Data Processing Agreement with your school or district. We comply with FERPA, applicable state student privacy laws (including SOPIPA, SOPPA, and NY Education Law 2-d), and industry best practices for student data protection. We operate as a "School Official" under FERPA when providing services to educational institutions.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED ACCESS OR ERROR-FREE OPERATION.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THINCCC INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF THE PLATFORM, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOUR SCHOOL FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Dispute Resolution

11.1 Good Faith Negotiation: Before initiating any legal action, the parties agree to attempt resolution through good-faith negotiation. The complaining party shall provide written notice of the dispute, and the parties shall have 30 days to resolve the matter informally.

11.2 Mediation: If negotiation fails, either party may request non-binding mediation through a mutually agreed mediator. The parties shall share mediation costs equally.

11.3 Binding Arbitration: Any claims not resolved through negotiation or mediation shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in St. Joseph County, Indiana, and the arbitrator's decision shall be final and binding.

11.4 Exceptions: Either party may seek injunctive relief in court for intellectual property infringement or data security breaches without first engaging in the dispute resolution process above.

12. Modifications

We may modify these Terms at any time by posting updated Terms with a new version number and effective date. For material changes, we will provide at least 30 days advance notice to schools. Continued use after changes constitutes acceptance of the modified Terms. If you do not agree to modified Terms, you should discontinue use and contact your school administrator.

13. Termination

We may suspend or terminate access for violation of these Terms, with notice except in cases of severe violations threatening security or legal compliance. Schools may request account termination and data deletion as specified in the Data Processing Agreement. Upon termination, data handling proceeds as follows: data export within 30 days upon request, personal data deletion within 45 days, and written confirmation of deletion upon completion.

14. Governing Law

These Terms are governed by the laws of the State of Indiana without regard to conflict of law principles. Subject to the dispute resolution provisions above, any legal proceedings shall be brought exclusively in the state or federal courts located in St. Joseph County, Indiana.

15. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Contact

Questions about these Terms should be directed to:

Email: [email protected]
Address: Thinccc Inc., 15893 Arbor Crossing Dr, Granger, IN 46530