Thinkific's Terms of Service Update - November 2025

Clear data ownership: You retain ownership of all Content (Section 7.3)

Backup responsibility: You must maintain separate backups of Content to the extent made available for download or export (Section 4.4)

No AI training with your identifiable Content: We will not use identifiable Content to train AI models (Section 7.9(c))

Operational use only: We only use aggregated, anonymized, and de-identified Content for improvement, enhancement, development, diagnostic and corrective purposes (Section 7.3(c))

Clear AI limitations: AI-generated content may be inaccurate, incomplete, or inappropriate - you're responsible for reviewing before publishing (Section 2.8)

Right to implement measures for unreasonable usage (Section 4.3.11)

"Branded Mobile Apps" replaces "White Label Mobile Apps" (Section 13)

Consistent capitalization of defined terms throughout

Consolidated DMCA provisions into reference to standalone DMCA Policy (Section 17)

Streamlined AI disclaimers (Section 7.2)

Removed redundant language about services and features

Clear definition of what qualifies as "Sensitive Information" (Section 1)

Explicit prohibition: You must not use the Services to collect, store, or process Sensitive Information (Section 4.3.8)

Platform limitations: Acknowledgment that Services aren't designed for managing this type of data (Section 4.3.8)

Account suspension risk: Thinkific may suspend or terminate your Account if you violate this prohibition (Section 4.3.8)

Prompt notice without undue delay (Section 16.2)

Incident details: Information about nature and scope of Data Incident (Section 16.2)

Remediation efforts: Commercially reasonable steps to contain, mitigate and remediate (Section 16.2)

No guarantee: Acknowledgment that no security measures are perfect (Section 16.3)

Age restrictions: No knowingly collecting data from children under 16 without verified parental consent (Section 4.10)

Clear consequences: Immediate suspension or termination may result if collecting minors’ data without proper consent (Section 4.10)

Clear fee structure: $/€/£20 fee for each Chargeback (up from $/€/CHF/£15) (Section 9.4.1)

Defined excessive chargebacks: When your Chargeback rate exceeds industry standard thresholds established by payment card networks (Section 9.4.3)

Progressive approach: Controls may include new fees, reserves, or delayed settlement; termination/suspension as a last resort in accordance with Section 10 (Section 9.4.3)

Reserve requirements now have specific triggers: high Chargeback/refund rates or other performance problems (Section 9.5)

Clear standards for when Reserve may be raised, reduced, or removed (Section 9.5)

Usage and Fair Use Clarifications

We may monitor usage to ensure fair resource distribution. If your use of bandwidth, storage, or other Services exceeds what is reasonable and proportionate to your subscription plan, we reserve the right to take appropriate measures including bandwidth throttling, storage limits, or suspension/termination of access, without liability (Section 4.3.11)

Backup responsibility: You must maintain separate backups of any Content you require, to the extent such content is made available for download or export (Section 4.4)

Export limitations: Not all content (including videos uploaded by your users) may be available for download or export (Section 4.7)

Usage monitoring: Thinkific may monitor and address usage that significantly exceeds reasonable patterns or impacts platform performance (Section 4.7)

Your indemnity obligations: Defend Thinkific against third-party claims arising from your use of Services, your Content, or your violation of laws or third-party rights

Broader scope: Now explicitly includes claims that your Content infringes, misappropriates, or violates any intellectual property rights of any third party

Services provided "AS IS": Express disclaimers regarding fitness for particular purpose, merchantability, or non-infringement

No warranties created: No advice or information obtained from Thinkific creates any warranty not expressly stated in Agreement

Comprehensive limitations: AI systems may generate inaccurate results, infringe IP rights, disclose confidential information, commit plagiarism, or create undesirable outputs

No liability: Thinkific has no liability for AI-related issues including inaccuracies, unintended consequences, or actions taken in reliance on AI results

Data protection warning: You should not input confidential or data you wish to protect into AI features

Standard cap: Lesser of (a) fees paid or payable in the one month immediately preceding the cause of action, or (b) $100 (Section 6.6)

No indirect damages: No liability for indirect, incidental, special, consequential, punitive, or exemplary damages (Section 6.1)

Notice may be provided: If we remove Content, we may notify you of the removal, except where prohibited by law (Section 5.4)

Material violations: For violations under Section 4.3, we may immediately suspend or terminate your Account (Section 5.4.4)

Your responsibility: You remain solely responsible for all Content (Section 7.3(c))

Right to modify: We may modify or discontinue Services at any time (Section 11.1)

No liability: Thinkific not liable for modifications, price changes, suspension, discontinuance or termination (Section 11.3)

Downgrade to free plan: Contact us to downgrade rather than cancel (Section 10.1)

Content retention: Content may be retained on free plan or lower-tier subscription; Thinkific makes no guarantee regarding data retention during plan changes (Section 10.1)

Your responsibility: You're responsible for backing up any Content you wish to preserve (Section 10.1)