Welcome to The Thinking Speaker. These Terms of Service ("Terms") govern your access to and use of the website, applications, and services (collectively, the "Service") provided by Thinking Code LLC ("Company," "we," "us," or "our"). Please read these Terms carefully before using the Service.
1. Acceptance of Terms
You accept these Terms by ticking the box when you create your account. You see the box on email sign-up, and before a new Google account is created. The box says: "I am 13 or older. I agree to the Terms of Service and I have read the Privacy Policy, which explains what we collect and why."
If you do not agree to all of these Terms, you may not create an account or use the Service. These Terms are a legally binding agreement between you and Thinking Code LLC.
By ticking the box, subscribing to a plan, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is part of these Terms by reference.
2. Description of Service
The Thinking Speaker is an AI-powered teleprompter, speech coaching, and interview preparation platform. The Service is available as a web application at thethinkingspeaker.com/app and includes the following capabilities:
- Real-time teleprompter with speech-tracking technology
- AI-powered speech writing and content generation
- Post-speech coaching and performance analytics
- Interview preparation with AI-simulated interviewers, including voice interviews
- Viva practice and document-based quizzes
- Company Prep
- Earpiece cues during practice
- Speech Hall — a curated library of famous speeches for practice
- Session recording and playback for 30 days after each session, and performance history
Session recordings are audio, and video if your camera is on. We delete them 30 days after the session.
The Service is offered in two tiers: a Free tier with limited features (no payment required) and a Pro subscription tier with access to the full suite of features. Details of each tier's capabilities are described on our Pricing page.
3. Account Registration
To access certain features of the Service, you must create an account. When registering, you agree to the following:
- Age requirement: You must be at least 13 years of age to create an account and use the Service. By ticking the sign-up box, you confirm that you are 13 or older. If we learn that an account belongs to someone under 13, we close it and delete its data.
- Accurate information: You must provide accurate, current, and complete information during registration and keep your account information up to date.
- Account security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
- One account per person: Each individual may maintain only one account. Creating multiple accounts to circumvent tier limitations, to claim a free trial or a free month more than once, or for any other purpose is prohibited.
We reserve the right to suspend or terminate accounts that violate these requirements.
4. Subscription and Billing
The Thinking Speaker offers the following subscription options:
- Free tier: a limited number of free practice sessions each month (currently 5) and basic features. No payment is required.
- Pro tier (Monthly): billed monthly, with unlimited practice sessions and access to all features, including AI Speech Writer, AI Coach, Interview Prep, Company Prep, full session history and analytics.
- Pro tier (Yearly): billed once a year, with access to all Pro features.
What counts as a session: A practice session is one interview, quiz, Company Prep session or teleprompter run, from start to finish. A session that fails because of a problem on our side does not count toward your free limit.
Price and currency: The price of each plan is the price shown at checkout and on our Pricing page before you pay. The currency and price of your plan depend on your billing country. If a plan is bought with a price meant for another country, we may move it to the correct price from your next renewal, after telling you.
Taxes: The price you see at checkout is the price you pay. If a US state or another country requires us to collect tax, such as sales tax or India's GST, we show it at checkout before you pay.
Payment processing: All payments are processed through Stripe. By subscribing to a paid plan, you also agree to Stripe's Terms of Service. Your payment information is handled directly by Stripe and is never stored on our servers.
Automatic renewal: Subscriptions automatically renew at the end of each billing period (monthly or yearly) unless you cancel before the renewal date. You will be charged the applicable subscription fee at the beginning of each new billing period.
Checkout shows the price and the billing period of your plan before you pay. After you subscribe, we email you a receipt with the plan, the amount, the date of your next payment and how to cancel. You can cancel online at any time through the Stripe billing portal. Before each renewal, we email you the plan, the exact amount and the date. Your bank may also send its own advance notice.
If a renewal payment fails: you keep Pro for 7 days while we retry, and we email you.
Free trial: A new account that verifies its email address receives a 7-day Pro trial. One free trial per person. No card is needed, nothing is charged, and the trial ends on its own. After it ends, your account continues on the Free tier unless you choose to subscribe.
Promotional free months: From time to time we may offer a free month of Pro, for example through the Introduction Video Program (section 03 of our Privacy Policy). A free month is applied as a credit on your account, has no cash value and cannot be transferred. If you are on the Free tier, your account returns to Free when it ends unless you choose to subscribe.
You can also earn 30 days of Pro by sharing your personal link. When a friend joins with your link and verifies their email, you get 30 days of Pro. Your friend starts with the same 7-day Pro trial every new account gets. Only your first friend counts, and each person may receive this once. The free month is one per person in total: you can earn it either by sharing your link or through the Introduction Video Program, but not both. These rewards are for real, separate people: we check for duplicate accounts, throwaway email addresses and one person using several accounts, as described in our Privacy Policy, and a member of our team may review doubtful cases. We may refuse a free month, or take one back, if it was earned by misuse.
Promotional prices: An offer price, such as a discount on your first payment, applies only to the period stated with the offer. Your plan then renews at the regular price shown at checkout.
Price changes: If we change the price of your plan, we email you at least 30 days before your next renewal. The new price applies from that renewal. You can cancel before it to avoid paying the new price. For payments in India, your bank may ask you to approve the new amount.
When Pro ends: When a Pro subscription, free trial or free month ends and your account returns to Free, we keep full detail for your latest 5 sessions. For older sessions we keep scores, grading and measurements and remove what you said or wrote. We tell you this by email before your Pro access ends.
5. Cancellation and Refund Policy
Cancellation: You may cancel your Pro subscription at any time through the Stripe billing portal. Upon cancellation:
- Your cancellation will take effect at the end of your current billing period.
- You will retain access to Pro features until the end of the period you have already paid for.
- After the billing period ends, your account will revert to the Free tier.
Refunds — Monthly subscriptions: No partial refunds are provided for unused time remaining in the current monthly billing period. Refund requests may be considered on a case-by-case basis within the first 7 days of your initial subscription only.
Refunds — Yearly subscriptions: A full refund is available within the first 14 days of your initial yearly subscription, provided there has been no substantial use of Pro features after your first payment. "Substantial use" means using the AI Speech Writer, AI Coach or voice interviews more than five times in total after your first payment. Use during a free trial or a free month never counts toward substantial use.
Free months: A free month received through a promotion, including the Introduction Video Program, does not count toward refund eligibility and cannot be refunded.
How to request a refund: To request a refund, contact us at prashanth@thinkingcode.com with your account email and a brief explanation. We will respond within 5 business days.
Chargebacks: We encourage you to contact us before initiating a chargeback with your bank or credit card provider. We are committed to resolving billing issues promptly and fairly.
6. User Content
"User Content" refers to any scripts, speeches, recordings, text, or other materials that you create, upload, or generate through the Service.
- Ownership: You retain full ownership of all User Content you create. We do not claim any ownership rights over your scripts, speeches, recordings, or any other content you produce using the Service.
- License to us: By using the Service, you grant Thinking Code LLC a limited, non-exclusive, worldwide, royalty-free license to process, store, transmit, and display your User Content solely as necessary to provide the Service and fix problems with it. This includes processing content through AI models for speech analysis, coaching feedback, and performance analytics.
- Responsibility: You are solely responsible for the content you create and practice using the Service. You represent that you have all necessary rights to any content you upload or input into the Service.
- Introduction videos: The license above does not let us use your practice sessions or recordings in our marketing. If you join the Introduction Video Program, you grant us a separate marketing license under the Video Marketing Release, which you accept on its own and which covers only the video you submit. You must be 18 or older to take part. We approve videos on quality and safety only, and we do not reject a video because it is critical of The Thinking Speaker. We may shorten, caption or reformat your video, without changing its meaning. When we use your video in marketing, we will say that you received a free month of Pro for taking part. You can withdraw your consent at any time, and we then delete the video. See section 03 of our Privacy Policy.
7. AI-Generated Content
The Service includes AI-powered features such as the AI Speech Writer and AI Coach that generate content based on your input.
- Starting points: AI-generated speeches, feedback, and suggestions are provided as starting points and creative aids. Users should review, edit, and customize all AI-generated content before use in any professional, academic, or public setting.
- No guarantees: We do not guarantee the accuracy, originality, completeness, or suitability of any AI-generated content for any particular purpose. AI-generated content may contain errors, inaccuracies, or content that does not fully reflect your intentions.
- User responsibility: You are solely responsible for reviewing, verifying, and taking ownership of any AI-generated content before using it. Any consequences arising from the use of AI-generated content are your responsibility.
- No plagiarism guarantee: While our AI models are designed to generate original content, we cannot guarantee that generated text will not resemble existing works. Users should verify originality as needed for their use case.
8. Acceptable Use
You agree not to use the Service to:
- Create, store, or practice delivering content that is illegal, threatening, defamatory, or that violates the rights of others.
- Generate or disseminate hate speech, harassment, or content that promotes violence or discrimination.
- Use the Service, including any cue or teleprompter feature, to receive help during a real interview, exam, viva or assessment where that help is not allowed.
- Record, upload or practise with another person's voice, image or personal information without their permission.
- Attempt to reverse-engineer, decompile, disassemble, or otherwise extract the source code or underlying algorithms of the Service.
- Use automated tools, bots, scrapers, or other non-human means to access the Service without our express written permission.
- Share your Pro account credentials with others or allow multiple individuals to use a single Pro account.
- Circumvent or attempt to circumvent usage limits, access controls, or tier restrictions.
- Interfere with or disrupt the Service, servers, or networks connected to the Service.
- Use the Service in any manner that could damage, disable, or impair the Service.
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these terms, including without limitation removing content, suspending or terminating the offender's account, and reporting the offender to law enforcement authorities.
9. Intellectual Property
The Thinking Speaker name, logo, branding, visual design, and all associated trademarks are the property of Thinking Code LLC. You may not use our trademarks without prior written consent.
The Service's software, code, design, layout, graphics, and documentation are protected by intellectual property laws and are the exclusive property of Thinking Code LLC.
Speech Hall: The curated collection of famous speeches available in the Speech Hall is provided for educational and practice purposes only. Third-party speeches remain the property of their respective authors, speakers, estates, or rights holders. The inclusion of these speeches in the Service does not imply any claim of ownership by Thinking Code LLC.
10. Privacy
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, store, and protect your personal information and data. By using the Service, you acknowledge the practices described in the Privacy Policy.
We are committed to protecting your privacy and handling your data responsibly. For full details on our data practices, please review our Privacy Policy.
11. Third-Party Services
The Service integrates with and relies upon third-party services to deliver certain features, including but not limited to:
- Stripe — payment processing and subscription management
- TC.ai — our own speech and evaluation platform, which turns audio into text, runs voice interviews and quizzes, and evaluates answers
- Anthropic (Claude) — AI speech writing, coaching, and analysis
- Cerebras — AI-powered content generation
- Cloudflare — content delivery and private storage for recordings and images
- Railway — hosting and database
- Resend — delivery of our emails
- Google — authentication (Sign in with Google)
We are not responsible for the availability, reliability, accuracy, or terms of any third-party services. Your use of third-party services may be subject to their own terms and privacy policies, which we encourage you to review. We shall not be liable for any loss or damage arising from third-party service outages, changes, or discontinuation.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, Thinking Code LLC does not warrant that:
- The Service will be uninterrupted, timely, secure, or error-free.
- Speech recognition results will be accurate or complete.
- AI-generated coaching advice, feedback, or speech content will improve your speaking ability or be suitable for any particular purpose.
- The Service will meet your specific requirements or expectations.
- Any errors or defects in the Service will be corrected.
You acknowledge that your use of the Service is at your sole risk.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THINKING CODE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THINKING CODE LLC FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO THINKING CODE LLC DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.
Nothing in these Terms limits any right you have under consumer protection laws that apply to you and cannot be changed by agreement.
14. Indemnification
You agree to indemnify, defend, and hold harmless Thinking Code LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service or any activity under your account.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
- Any content you create, upload, or practice using the Service.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Westchester County, New York, and you consent to the personal jurisdiction of such courts.
Nothing in these Terms limits any right you have under consumer protection laws that apply to you and cannot be changed by agreement.
16. Changes to Terms
We reserve the right to modify or update these Terms at any time at our sole discretion. When we make material changes, we will notify you by:
- Updating the "Last updated" date at the top of this page.
- Sending a notification to the email address associated with your account.
- Displaying a prominent notice within the Service.
For a material change, we give you at least 30 days' notice before it applies to you. If you do not agree, you can cancel your subscription before the change takes effect.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
18. Contact Information
For support, refunds, or any other question about these Terms or the Service, email prashanth@thinkingcode.com.
Thinking Code LLC
1 Cornell Drive, Hartsdale, New York 10530
Email: prashanth@thinkingcode.com
Website: thethinkingspeaker.com