Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you and Think Lounge LLC (“Think Lounge,” “we,” “us,” or “our”), a Texas limited liability company located at 5900 Balcones Drive STE 100, Austin, TX 78731. By creating an account, making a reservation, or otherwise using the Services, you agree to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

1. The Services

Think Lounge offers a childcare reservation, attendance, and payment platform delivered through (a) our website at https://mythinklounge.com and any related sites, and (b) our Think Lounge mobile applications on iOS and Android (collectively, the “Services”). The Services allow parents and guardians to reserve childcare sessions, manage attendance, communicate with our staff, and pay for services.

The Services are not designed to comply with industry-specific regulations such as HIPAA, FISMA, or the Gramm-Leach-Bliley Act, and may not be used in any manner that would subject Think Lounge to such regulations.

2. Eligibility & Account Registration

The Services are intended for users who are at least 18 years old. By using the Services, you represent and warrant that:

• You are at least 18 years old and have the legal capacity to enter into these Terms.
• You are the parent or legal guardian of any child for whom you create a reservation, or you are otherwise authorized to do so.
• All information you provide is accurate, current, and complete, and you will keep it up to date.
• You will not use the Services for any unlawful or unauthorized purpose, and your use will not violate any applicable law.
• You will not use automated systems, scripts, bots, scrapers, or similar tools to access the Services.

You are responsible for safeguarding your password and for any activity that occurs under your account. You agree to notify us immediately at admin@mythinklounge.com of any unauthorized use. We may suspend, terminate, or refuse access to any account that we reasonably believe is being used in violation of these Terms.

You may delete your account at any time from within the app under Profile → Delete Account or by emailing us. We may retain certain information after account deletion to the extent required by law or as described in our Privacy Policy.

3. Reservations, Payments & Cancellations

3.1 Reservations

A reservation is a request to use childcare services at a specific Think Lounge location, date, and time. Reservations are confirmed when payment is successfully authorized and you receive an in-app or email confirmation. We may refuse, limit, or cancel any reservation in our reasonable discretion, including for capacity, safety, staffing, or compliance reasons. If we cancel a confirmed reservation for reasons other than your conduct or breach of these Terms, we will refund the corresponding amount in full.

3.2 Payments

All payments are processed by Stripe, Inc. Think Lounge does not directly receive or store your full card number. By providing payment information through the Services, you authorize us to charge your selected payment method for the amounts due, including any applicable taxes. All prices are in U.S. dollars. We may correct any pricing errors even after a transaction has been initiated.

If you maintain a positive account balance with Think Lounge (e.g., from a credit or prior overpayment), we may apply that balance toward the cost of a reservation before charging your payment method. Account balances are not redeemable for cash unless required by law.

3.3 Cancellations & Refunds

You may cancel a reservation at any time through the Services. Refunds are determined by when the cancellation occurs:

• More than 24 hours before the reservation start time: full refund to the original payment method, or, at your option, credit to your Think Lounge account balance.
• Within 24 hours of the reservation start time: no refund, except as required by law or granted by us in our reasonable discretion (for example, in the case of illness, family emergency, severe weather, or facility closure).
• No-shows: treated as a within-24-hour cancellation; no refund.

If we cancel or close a session for reasons within our control (such as facility closure or staffing changes), you will receive a full refund or, at your option, equivalent account credit.

If you believe a charge is incorrect, contact us at admin@mythinklounge.com before initiating a chargeback. Chargebacks initiated without first contacting us may result in suspension of your account.

3.4 Taxes

You are responsible for any sales, use, or similar taxes applicable to your reservations. Where required, applicable taxes will be added to the price displayed at checkout.

4. Information About Your Children

Because the Services are designed for parents and guardians, you may provide us with information about your minor children, including the child’s name, date of birth, and an optional photograph, solely so that we can identify and care for the child during a reservation. By providing this information, you represent that you are the child’s parent or legal guardian, or that you have the necessary consent to provide the information.

We process information about children only at the direction of the parent or guardian and only for the purposes described in our Privacy Policy. You may review, update, or delete information about your children at any time within the app or by contacting us.

5. Your Content

The Services allow you to upload limited content, such as profile and child photographs (“Your Content”). You retain ownership of Your Content. By submitting Your Content through the Services, you grant Think Lounge a non-exclusive, royalty-free, worldwide license to host, store, reproduce, and display Your Content solely for the purpose of operating and providing the Services to you. We do not use Your Content for advertising, marketing, or any commercial purpose unrelated to providing the Services to you.

You represent and warrant that you own or have the necessary rights to Your Content and that Your Content does not violate any law or the rights of any third party. You are solely responsible for Your Content, and we may remove any content that we reasonably believe violates these Terms or applicable law.

If you send us suggestions, feedback, or ideas (“Feedback”), you agree that we may use, disclose, reproduce, and otherwise commercialize the Feedback without restriction or compensation.

6. Acceptable Use

You agree not to:

• Use the Services in violation of any applicable law or regulation.
• Create an account or make a reservation on behalf of any person other than yourself or your own minor children.
• Impersonate another person, misrepresent your affiliation with any person or entity, or provide false information.
• Attempt to gain unauthorized access to the Services, other users’ accounts, or our systems.
• Interfere with, disrupt, or impose an unreasonable load on the Services or the networks supporting them.
• Reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent permitted by applicable law.
• Use any robot, scraper, spider, or automated means to access the Services, except for standard search-engine indexing of public pages.
• Collect or harvest information about other users.
• Upload viruses, malware, or other harmful code.
• Use the Services to send unsolicited communications, advertise products or services, or engage in any spam or marketing activity not authorized by us.
• Resell, sublicense, or commercially exploit the Services without our prior written consent.
• Harass, threaten, or harm any other user or Think Lounge employee or agent.

7. Intellectual Property

The Services, including all text, graphics, logos, images, software, and other content (the “Think Lounge Content”), and all trademarks, service marks, and trade names (the “Marks”), are owned by Think Lounge or its licensors and are protected by copyright, trademark, and other intellectual property laws. “Think Lounge” and our logo are trademarks of Think Lounge LLC.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Services or the Think Lounge Content.

8. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and sharing of information as described in the Privacy Policy.

9. Third-Party Services

The Services rely on third-party services, including (but not limited to) Stripe for payment processing, Amazon Web Services (Cognito) for authentication and infrastructure hosting, Apple Push Notification service and Google Firebase Cloud Messaging for push notifications, Expo (EAS Update) for over-the-air application updates, and SendGrid and MailerLite for email delivery. Your use of these third-party services may be subject to their own terms and privacy policies, and we are not responsible for the acts or omissions of these third parties.

10. App Store Terms (iOS)

If you download or use the iOS version of our app, the following additional terms apply. These terms are required by Apple Inc. (“Apple”):

• These Terms are between you and Think Lounge only, and not with Apple. Apple is not responsible for the iOS app or its content.
• The license granted to you for the iOS app is limited to a non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support for the iOS app.
• To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS app. Any claim related to a failure of the app to conform to any applicable warranty is the sole responsibility of Think Lounge.
• Apple is not responsible for addressing any claim by you or any third party relating to the iOS app, including (but not limited to) product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the iOS app or your use of it infringes that party’s intellectual property rights, Think Lounge (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

11. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THINK LOUNGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected. You use the Services at your own risk.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THINK LOUNGE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THINK LOUNGE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Think Lounge and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; or (e) any harm caused to another user of the Services by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us.

14. Term & Termination

These Terms remain in effect for as long as you use the Services. We may suspend or terminate your access to the Services at any time, with or without notice, including if we reasonably believe you have violated these Terms or applicable law. You may stop using the Services and delete your account at any time. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

15. Changes to These Terms

We may update these Terms from time to time. We will indicate the most recent revision date at the top of this page. If the changes are material, we will provide reasonable notice through the Services or by email before they take effect. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

17. Dispute Resolution & Arbitration

17.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at admin@mythinklounge.com. We will try to resolve the dispute by contacting you in good faith.

17.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Think Lounge agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. The arbitration will take place in Travis County, Texas, or, at your election, by phone, video, or document submission. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU AND THINK LOUNGE WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

17.3 Class Action Waiver

You and Think Lounge agree that any arbitration or proceeding will be limited to the dispute between us individually. To the fullest extent permitted by law: (a) no arbitration will be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated or litigated on a class-action, collective, or representative basis; and (c) no relief may be awarded other than to you individually.

17.4 Exceptions

Either party may bring an individual action in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property rights.

17.5 Venue for Court Proceedings

For any matter not subject to arbitration, you and Think Lounge agree to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, and waive any objection based on lack of personal jurisdiction or forum non conveniens.

17.6 Time Limit

Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim arose; otherwise, it is permanently barred.

18. California Notice

If you are a California resident and any complaint is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. Electronic Communications

By using the Services, you consent to receive electronic communications from us, including emails, push notifications, and in-app messages, and you agree that any such communications satisfy any legal requirement that communications be in writing. You consent to the use of electronic signatures, contracts, and records.

20. Miscellaneous

These Terms, together with the Privacy Policy and any other policies referenced in the Services, constitute the entire agreement between you and Think Lounge regarding the Services and supersede any prior agreements. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. No agency, partnership, joint venture, or employment relationship is created by these Terms.

21. Contact