Last Updated: October 21
A. Welcome to thinkpro
Thank you for visiting the thinkpro website (the “Site”). These Terms and Conditions (the “Terms”) apply to your use of our Site, as well as your purchase of any thinkpro wireless home security system (“Hardware”), and subscription to professional monitoring (“Monitoring Service”), as well as the use of the thinkpro app (as more fully described below) for iOS or Android (the “App”). The Site, Hardware, Monitoring Service and App are collectively referred to as the “Services”.
The Services are provided by Think Protection, Inc. (“Think Protection”, “we”, “us” or “our”), based in Ontario, Canada. We make no representation that the Services are appropriate for you. You are responsible for compliance with local laws that apply at your point of access.
Please read these Terms carefully as they are a binding agreement between you and Think Protection and apply to your use of any of our Services.
In order to use the Services and/or agree to the Terms, you must be legally capable of entering into a contract and have reached the age of majority in your jurisdiction of residence. If you accept these Terms, you represent that you have the capacity to be bound by them. If you are entering into these Terms on behalf of a company or other legal entity, (a) you represent that you have the authority to bind such entity to these Terms, in which case the terms “user”, “you” or “your” shall refer to such company or entity, and (b) you agree that the employees, officers, representatives and other agents of such company or entity accessing the Services are duly authorized to access the Services and to legally bind such company or entity to these Terms. If you do not have such authority, you must not use the Services on behalf of such company or entity.
We encourage you to watch for and read any updates to the Terms that might be made from time to time, as explained below under the section entitled “Changes to the Terms and Conditions”.
B. Intellectual Property & Limited License
The Site, App and Monitoring Service are owned and operated by Think Protection. Your use of the Site, App and Monitoring Service is governed by applicable copyright, trademark, patent and other intellectual property laws.
Provided you adhere to these Terms, Think Protection grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Site, App and Monitoring Service for your personal, non-commercial use only and as permitted by the features of the Site, App and Monitoring Service. We may terminate this license at our sole discretion, at any time for any reason or no reason.
We reserve all rights not expressly granted to you in these Terms. Nothing in these Terms confers upon a user any right of ownership in any copyright, patent, trademark, trade secret or other proprietary rights or rights belonging to Think Protection or its licensors.
Your unauthorized use of the Site, App or Monitoring Service may violate applicable laws and we reserve all rights to pursue any remedy we may choose.
C. Purchase of Hardware
Our do-it-yourself (DIY) wireless home security Hardware (i.e., intrusion security, video cameras and home disaster monitoring equipment) enables you to purchase and install the Hardware yourself with an installation specialist over the phone. We will commence monitoring of your premises once you this installation process is complete.
Your purchase of the Hardware indicates your acceptance of these Terms. Your order represents an offer to purchase the Hardware from Think Protection, which is accepted by us upon shipment of the Hardware, as explained below.
No Commercial Resale
You agree that you will not engage in any commercial resale of Hardware ordered from the Site. We reserve all rights and remedies available at law for any violation of this term and condition.
Pricing and Product Information
Think Protection tries to ensure that all Hardware product information and prices appearing on the Site are correct at the time you place your order; however, we reserve the right to correct any prices or products listed in error and to periodically amend all prices and products listed on the Site. All prices quoted for orders are valid for thirty (30) days from the date of the quote. Unless otherwise indicated, all prices on the Site are displayed in Canadian dollars.
By placing an order for a Hardware, you are making an offer to purchase the Hardware from Think Protection. After you place an order for a Hardware, you will receive an email confirming receipt of the order and order details. Any email confirmation from Think Protection acknowledging receipt of your order is simply an acknowledgement that your order has been received by us and does not indicate acceptance of your order. Please note that we reserve the right to reject your offer to purchase the Hardware. Our shipment of the Hardware will constitute our acceptance of your offer to purchase the Hardware.
Payment for Hardware
Shipping and Handling; Sales Tax
Any delivery dates provided by Think Protection or a delivery agent in an email confirming shipment are estimates only and are not guaranteed. The Hardware is only available to customers and addresses located in Canada and the continental U.S.A. (excluding post office boxes due to courier restrictions). You will be charged sales tax depending on the address to which the Hardware is delivered. There is an additional charge for shipping and handling, unless indicated at the time of ordering that you have qualified for free shipping. We reserve the right to make partial shipments to compromise your order, so that we may expedite delivery based on availability of Hardware components.
You are responsible for providing the correct address for delivery. Hardware orders that were not successfully delivered to you, or were refused delivery by you, will be returned to Think Protection and we will issue a refund to the credit card or other payment method originally charged for the order. The amount of the refund will be the original purchase amount, minus shipping charges.
You must comply with all domestic and international import laws and regulations that apply to your use of the Hardware, including any laws that restrictions on destinations, users and end use.
Hardware Return Policy
If you are not satisfied with your Hardware for any reason, you have up to thirty (30) days from the date the Hardware is purchased (the “Return Period”) to request a refund. In order to be entitled to a refund, you must return the Hardware in its original packaging and in like-new condition with all of the originally included accessories (unless waived by us in writing). You are responsible for paying for return shipping and we are not responsible for lost or damaged returns. Once we have received and confirmed the condition of the Hardware, we will issue a refund to your original payment method for the amount for the returned Hardware and any applicable fees and taxes. Shipping and handling fees are nonrefundable. If you used a promotional code and were not charged for shipping for your original purchase, the shipping cost in effect on the date the Hardware is purchased (without giving effect to the promotional code) will be deducted from your return amount.
Think Protection provides a five (5) year warranty period from the date of purchase (“Warranty Period”) on most Hardware parts, excluding cameras, touchscreen keypad and remote arming devices, that have been subject to normal wear and tear, as determined in our sole discretion. If all or part of the Hardware is or becomes defective through no fault of your own during the Warranty Period (“Defective Hardware”), Think Protection will replace the item at no charge to you. You are responsible for returning the Defective Hardware to Think Protection at your own cost within 30 days of receiving the new Hardware. If the Defective Hardware is not returned within 30 days, the original price of the exchanged Hardware will be charged to the credit card on file.
Replacement Hardware Parts
Please contact our customer support for replacement of any Hardware parts that become broken or damaged during use at any time. If we are able to provide you with a replacement part, you will receive a quote for the cost for the replacement part (plus applicable taxes, shipping and handling fees) before it is shipped to you and your original payment method will be charged for such cost once the replacement part is shipped to you.
D. Use of the App & Subscription to Monitoring Service
The App consists of: (a) the thinkpro mobile application, including all software, code, text, graphics, logos, layouts, designs, application programming interface (“API”), and other items included in or associated with the App; and (b) any files that are automatically delivered to you by Think Protection (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the App. By downloading, installing, starting or using the App, you agree to these Terms and to receive automatic software updates.
Third Party Beneficiaries
These Terms are between you and Think Protection only. Think Protection is solely responsible for the Services.
If you access the App and Monitoring Service using an Apple iOS or Android-powered device, Apple Inc. or Google Play, Inc., respectively, shall be a third party beneficiary to these Terms. However, these third party beneficiaries are not a party to these Terms.
You acknowledge and agree that your access to the App and Monitoring Service using these devices also shall be subject to the usage terms set forth in the applicable third party beneficiary’s terms of service. You will comply with all applicable restrictions, requirements and rules that govern applications downloaded through the application store through which you obtained the App (for example, the Apple App Store or Google Play).
You acknowledge that the third party beneficiaries have no obligation whatsoever to furnish any maintenance and support services with respect to the App or Monitoring Service. You further acknowledge and agree that to the extent you have any claim arising from or related to your use of the App or Monitoring Service, in no event will the third party beneficiaries be responsible for any claims relating to the App or Monitoring Service, including but not limited to: (a) intellectual property claims; (b) product liability claims; or (c) any claims arising under consumer protection or similar legislation.
In order to access and use certain features, content or functions of the App and to use the Monitoring Service, you will need to create an account (“Account”).
Restrictions on Use of the App and Monitoring Service
You may only use the App and Monitoring Service for your personal, non-commercial use and as permitted by the features of the App and Monitoring Service.
As an essential condition of using the App and Monitoring Service, you agree that you will not:
You agree to comply with applicable laws and regulations and to not participate in, facilitate, or further illegal activities with respect to the App or Monitoring Service. You also agree to immediately notify us if you learn of a security breach or other illegal activity in connection with the App or Monitoring Service.
You acknowledge and agree that Think Protection can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you, in order to prevent or remediate any violations and to enforce these Terms.
Subscription to Monitoring Service
You may download the App free of charge; however, you must sign up for a paid subscription in order to use the Monitoring Service. The Monitoring Service is available in a variety of packages and upgrades, as described on the Site.
Subscription Term & Automatic Renewal
Subscriptions are available for monthly or annual terms. Monthly subscriptions will be automatically renewed each month; yearly subscriptions will be renewed on a yearly basis after the end of the first term at the then-current price for your applicable package/upgrade. Your subscription will not be renewed if you notify us in writing and before the time for renewal that you do not want to renew your subscription. To cancel your subscription, please call us. Upon cancellation, your access to our Monitoring Service will be terminated immediately. Cancellations are not post-dated.
Monitoring Service Pricing and Other Changes
Think Protection reserves the right to change the pricing and features of our Monitoring Service at any time. In the event of such a change, we will notify you in advance by sending an email to the address on your Account. If you do not agree with such change, you can choose to cancel your subscription. If you cancel your subscription, you will not be entitled to a refund and your Monitoring Service will terminate immediately.
Monitoring Fees and Billing
By subscribing to the Monitoring Service, you are agreeing to pay the subscription fee for the Monitoring Service and any applicable taxes and service fees (collectively, the “Monitoring Fees”) on a monthly or annual basis, as applicable. Payment processing services are provided by PayPal and are subject PayPal’s legal agreements, including PayPal’s User Agreement and Privacy Statement, as modified from time to time. As a condition of Think Protection enabling payment processing services through PayPal, you authorize us to share with PayPal any personal information and transaction information required for your use of the payment processing services provided by PayPal.
Monitoring Fees will be charged to your credit card automatically once you sign up for the subscription and at the beginning of each renewal term on the calendar day corresponding to the commencement of your subscription, unless you cancel your subscription or your Account is suspended or terminated by Think Protection in accordance with these Terms. If your subscription term begins after the 28th day of a month, then in the next month in which that day does not occur, your credit card will be charged on the last day of such month and on the last day of every subsequent month for the duration of your subscription. You acknowledge and agree that the Monitoring Fees charged to your credit card may vary from one billing period to the next, due to changes in your subscription or applicable taxes, and you authorize the payment processor to charge your credit card for these amounts.
Monitoring Service Refund Policy
All Monitoring Fees are non-refundable. If you cancel your subscription during the existing subscription term, you will not receive a refund for any portion of the Monitoring Fees for the remainder of that subscription term. Your access to the Monitoring Service will terminate immediately upon cancellation.
Cancelling your Monitoring Service Subscription
You may cancel your subscription at any time, by calling us as set out below under the “Contact Us” heading. If you cancel your subscription, the cancellation will go into effect immediately and your access to the Monitoring Service will terminate immediately upon cancellation. You must cancel your subscription before it automatically renews to avoid paying the Monitoring Fees for the next billing period. After cancellation of your subscription, you will continue to owe any accrued amounts due under these Terms and not yet paid. You acknowledge and agree that cancellation of your subscription is your sole recourse if you have any dissatisfaction, issue or concern related to Think Protection, our Services or these Terms, including Monitoring Fees, applicable taxes, or billing methods.
Government or municipal authorities with jurisdiction over the property in which you install the Hardware and use the Monitoring Service may assess fines, penalties or other fees for false alarms, excessive alarms, or failing to comply with regulations or standards intended to reduce false alarms. You are responsible for any such fees that are assessed against you or us. You will indemnify the Think Protection Parties (as defined below) for any such fees and, to the fullest extent permitted by applicable law, you expressly authorize us to, in our sole discretion, satisfy your indemnification obligation by billing or charging any payment method associated with your Account the full amount of such fee. Without limiting other releases in these Terms, you hereby release the Think Protection Parties (as defined below) from any damages, losses or expenses resulting from or as a consequence of false alarms.
We cannot guarantee that emergency responders will be dispatched to your property in the event of an emergency. There may be a delay in or failure to dispatch emergency responders due to availability, local regulations not permitting dispatch of emergency responders to alarm signals that have not been verified by a person physically at the property, or other reasons beyond our control. Anytime you are unable to promptly confirm that the Monitoring Service has facilitated contact with the proper authorities, you should immediately contact the Monitoring Service centre at the number provided, or as applicable, police, fire department, 911 or appropriate emergency response service.
Not an Insurer
Think Protection is not an insurer of you, your property, or any other persons living in or present at your property. You should protect against any risk of loss with appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. The Monitoring Fee is based on the value of the Monitoring Service we provide and our limited liability under these Terms and not on the value of your property being serviced by the Hardware, its contents or the likelihood or potential extent or severity of injury (including death) to you or others. The limitation of liability, waivers and indemnities set forth in these Terms are a fair allocation of risks and liabilities between you, us and any affected third parties.
E. Mobile Network
When you access the Site or App through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply and you will be responsible for all such charges. Downloading, installing or using the App or Monitoring Service may be prohibited or restricted by your network provider and the App or Monitoring Service may not work with your network provider or device.
F. Modifying & Terminating the Services
You can stop using our Services or cancel your Account at any time by contacting us by phone.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop all or part of the Services altogether. Your sole recourse if you do not agree to such changes is to cancel your subscription to the Monitoring Service and to cease using our Services.
In addition to any remedies that may be provided under these Terms, we may terminate our agreement with you with immediate effect upon written notice to you by email, if you: (a) fail to pay any amount when due and such failure continues for twenty-one (21) days after your receipt of written notice of nonpayment or (b) have not otherwise complied with these Terms as determined in our sole and final discretio
G. Third Party Platforms
H. Non-Solicitation Policy
In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We will be free to use or copy all or a portion of any Unsolicited Ideas and Materials you send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.
I. Warranties & Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. Other than as expressly set out in these Terms or additional terms provided at the time you sign up for our Services, neither Think Protection nor our suppliers or distributors provide any specific warranties about the Services.
As with any other website or app you use, when you access our Site and App, you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access our Site and App in respect of any such potential risks.
The Services, and all content made available on, through or in connection with the Site, App or Monitoring Service, are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the Services will be available for use. All implied representation, warranties and conditions relating to the Services and all content on the Site, App and Monitoring Service are hereby disclaimed to the greatest extent permitted by law. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site or App.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent that any warranty exists under law that cannot be disclaimed, Think Protection, and not any third party application store provider, shall be solely responsible for such warranty.
J. Limitation of Liability
To the greatest extent permitted by law, Think Protection, our directors, officers, employees, counsel and agents (the “Think Protection Parties”) shall not be liable for any consequential, incidental, special, indirect or punitive damages or loss, including, without limitation, any loss of profits, revenues or data, financial losses or other form of economic loss arising out of or in connection with these Terms or the use, performance or non-performance of the Services, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
In no event shall the Think Protection Parties be liable for any damages incurred as a result of any fire (whether accidental or intentional), theft, intrusion, or break-in, including property loss or damage, personal injury and/or death. We provide no guarantee that the Hardware or Monitoring Services will protect you, your occupants or your property in the event of a fire, theft, intrusion or break-in.
Where permitted by law, the total liability of Think Protection arising out of or related to these Terms and/or your use of the Services, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, shall not exceed the lesser of the amount you have paid us to use the Services or one thousand Canadian dollars (CAD$1,000).
Some jurisdictions do not allow the limitations of damages and/or exclusions of liability for incidental, consequential or similar damages. Accordingly, some of the above limitations may not apply to you.
K. Indemnity & Release
To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless Think Protection and our directors, officers, employees, counsel, agents, representatives, successors and assigns from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Services or your breach of the Terms. We will provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.
To the extent permitted by law, you agree to release and discharge Think Protection and any other third party that may from time to time participate in the Services (whether as a participant or in an administrative, operational or other capacity), and our, and each of their respective directors, officers, employees, counsel, agents, representatives, successors and assigns, from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to your use of the Services.
L. Changes to the Terms and Conditions
We may amend these Terms from time to time as our business evolves, in response to legal developments, as new technologies become available, or as we introduce new features, products or services.
When we make changes to these Terms we will revise the “Last Updated” date at the top of the Terms. You should check back here periodically to find out if any changes have been made to the Terms. If we make material changes we will, as appropriate prominently post these changes to the Site and/or App or notify registered users directly. Material changes will become effective no sooner than thirty (30) days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately.
If you disagree with any change to the Terms, you may close your Account and refrain from using the Services. Continuing to use the Services after we post or communicate a change signifies that you consent to the revised Terms.
M. General Provisions
Notices: All notices and other communications to Think Protection under these Terms must be in writing and must be delivered either by email or by internationally recognized courier service to the contact information set out below under “Contact Us”.
When you contact us or register for an Account, you consent to receive communications from us electronically related to your Account and your use of the Services. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements (to the fullest extent possible by law).
Relationship: You acknowledge and agree that no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or by your use of the Services.
Force Majeure: Think Protection shall not be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms or providing the Services, when and to the extent our failure or delay to perform or provide the Services is caused by or results from the following force majeure events: (a) acts of God; (b) flood, tsunami, fire, earthquake, explosion; (c) epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19); (d) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (e) government order, law or actions; (f) embargoes or blockades in effect on or after the date of this Agreement; (g) national or regional emergency; (h) strikes, lockouts, labour stoppages or slowdowns, labour disputes, or other industrial disturbances; (i) shortage of adequate power or telecommunications or transportation facilities; (j) failure of any governmental or public authority to grant a necessary licence or consent; and (k) other similar events beyond our reasonable control. Your recourse to such force majeure event is to cancel your agreement with us in accordance with these Terms.
Waiver: If you do not comply with these Terms, and we do not take action right away, this does not mean that we are waiving or giving up any rights that we may have (including, but not limited to, taking action in the future).
Severability: If any provision of the Terms is declared unlawful, void or for any reason, unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.
Assignment: These Terms and any rights, licenses and privileges granted by these Terms, may not be transferred or assigned by you, but may be assigned or transferred by Think Protection without restriction and without notice to you.
Interpretation: These Terms shall endure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The division of these Terms into paragraphs or other subdivisions and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms.
Governing Law: These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Each of the parties irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Toronto in the Province of Ontario for the purposes of any proceeding arising out of these Terms.
We make no claims that the Services may be lawfully used or accessed outside of Canada. Access to the Services or their contents may not be legal by certain persons or in certain countries. If you access our Services from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Language of Agreement: The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.
N. Contact Us
If you have any questions or comments about these Terms or the Services, please visit the Contact Us section on the App or contact us by mail or email:
Attention: Customer Service