Thoughtful Technologies LLC Website Terms of Use

Last updated:10/31/2025

Welcome to ThoughtfulTechnologies.com (“Site”). This Site is owned and operated by Thoughtful Technologies, LLC (“Thoughtful Technologies,” “we,” “our,” or “us”). Your use of the Site constitutes your agreement to be bound by these Terms of Use and our Privacy Policy (collectively, “Terms”). We offer Bluetivity™ software-as-a-service (the “Service”) under a separate license agreement but the Privacy Policy applies to the Service as well as the Site. If you are under age 18, you may only use this Site only with a parent or guardian. We may update these Terms from time to time and if it’s a material change, we’ll post a note on the homepage of the Site to let you about it. The most recent version of these Terms will be here and changes are effective when they are posted so please review them before you use the Site so that you can decide whether you want to continue using the Site. Your continued use of the Site after the changes constitutes your acceptance of the updated Terms.

Arbitration Notice.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 15). BY USING THIS SITE, YOU AGREE THAT DISPUTES BETWEEN YOU AND THOUGHTFUL TECHNOLOGIES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THIS SITE.

1. Agreement.

These Terms do not apply to the Service offered by Thoughtful Technologies, but only to your use of this the Site. A separate agreement is required to obtain Services and can be accessed and accepted by selecting the Service that you wish to purchase on the Site. These Terms are subject to change at any time without prior written notice by Thoughtful Technologies. The most recent version of these Terms will be posted on the Site. Your use of the Site after updated Terms have been posted (which will show the date of the most recent update) will constitute your acceptance of and agreement to any changes in the Terms. If the individual accepting these Terms is doing so on behalf of an entity, organization or company (an “Entity”), the individual accepting these Terms represents and warrants they have authority to bind the Entity to these Terms and the Entity agrees to be bound. “You” and “your” references to individual and Entities that use this Site. No automated access to the Site is allowed nor any access for the purpose of competing against or interfering with Thoughtful Technologies.

2. Ownership.

This Site is owned and operated by Thoughtful Technologies. All elements in the Site, including text, logos, graphics, photos, sound recordings and video (collectively, the “Content”) are owned or licensed by Thoughtful Technologies. Except as provided in the Terms, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site confers any license to use any Thoughtful Technologies’ intellectual property rights. Any rights not expressly granted are reserved.

3. Use of the Site.

Thoughtful Technologies grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, informational use (not any commercial use), provided that (a) all copyright and trademark notices are not altered or removed, (b) the Content is not posted to any other website, social media, or any networked computer environment, and (c) the Content is not modified in any way. This permission terminates automatically without notice if you breach any of these Terms. Upon any termination, you agree to immediately destroy any downloaded or printed Content. Any unauthorized use of any Content contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations, and statutes as well as other rights, laws, rules, regulations, and statutes. Thoughtful Technologies is committed to making the Site and the Software accessible to those with disabilities and strives to observe the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you encounter any barriers or have suggestions to improve accessibility please contact us at stevensmith@thoughtfultechnologies.com.

4. Your Representations.

If you are an individual, you represent to Thoughtful Technologies that you are at least 18 years old and will use the Site in complete and ongoing compliance with these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party.

5. Disclaimer.

We are providing the Site to you “as is” and “as available” without express or implied warranties of any kind. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.

6. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL THOUGHTFUL TECHNOLOGIES HAVE ANY LIABILITY TO YOU FOR ANY LOSS OF USE, PROFIT, REVENUE OR DATA AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

7. Links to Third Party Sites.

The Site may contain links to websites controlled by parties other than Thoughtful Technologies (each a “Third Party Site”). Thoughtful Technologies may work with several partners and affiliates whose sites are linked to our Site, but Thoughtful Technologies is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes or updates to such sites. Thoughtful Technologies makes no guarantees about the content or quality of the products or services provided by such sites. Any Third-Party Site link in our Site is provided to you only as a convenience, and the inclusion of any link does not imply endorsement by Thoughtful Technologies of the Third-Party Site. You acknowledge that you bear all risks associated with access to and use of content, products or services provided on a Third-Party Site and agree that Thoughtful Technologies is not responsible for any loss or damage of any sort you may incur from dealing with a third party.

8. IP Law Compliance.

When accessing the Site, you agree to obey the law respecting the intellectual property rights of others including Thoughtful Technologies. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit to the Site.

9. DMCA Notice.

If you believe that any Content infringes your copyrights, you may seek the removal of such Content by providing notice to us in accordance with the take down notice provisions of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3)(A) to Thoughtful Technologies’ designated agent at the following address: Copyright Notification, Thoughtful Technologies, LLC, 576 Arbor Lane, South Elgin, Illinois 60177 Email: stevensmith@thoughtfultechnologies.com.

10. Inappropriate Content.

When accessing the Site you agree not to upload, display, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for products or services. Thoughtful Technologies reserves the right to terminate or delete such content from its servers and terminate your access to the Site if you repeatedly post content that Thoughtful Technologies reasonably believes infringes another party copyright or these Terms. Thoughtful Technologies will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

11. No Third-Party Beneficiaries.

These Terms are for your sole benefit and nothing in the Site or these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.

12. Force Majeure.

Thoughtful Technologies shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.

13. Assignment.

Thoughtful Technologies may assign or otherwise transfer any or all its rights or obligations under these Terms, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties under these Terms at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

14. Partial Invalidity.

If any part of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Governing Law and Binding Arbitration.

These Terms are governed by the laws of the State of Illinois without regard to its conflict of laws principles. Subject to all applicable laws, you are agreeing to give up: (a) your right to litigate any claims that may arise under these Terms in court or before a jury; and (b) your right to consolidate any claim and/or participate in any class-action claim that may arise under these Terms in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising under these Terms which cannot be amicably resolved by us shall be solely and finally settled by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its commercial arbitration rules. The arbitration shall take place in or from Kane County, Illinois. The parties will share the cost of arbitration equally. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all its own costs; provided, however, that the prevailing party shall be entitled to reimbursement for its actual costs incurred, including reasonable attorney’s fees. This Section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms.

16. No Waivers

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

17. Entire Agreement.

These Terms shall, collectively, be deemed a final and integrated agreement between you and us with respect to the Site.