ThinkMVP Logo

    Terms of Service

    Last Updated: May 19, 2025

    1. Introduction

    Welcome to ThinkMVP. These Terms of Service ("Terms") govern your access to and use of the ThinkMVP website and services ("Services") operated by LaunchCookie, LLC ("Company," "we," or "us").

    By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services. These Terms constitute a legally binding agreement between you and LaunchCookie, LLC. The Services are offered subject to your acceptance of all terms and conditions contained in these Terms.

    We may modify these Terms at any time, and such modifications shall be effective immediately upon posting on our website. Your continued use of the Services following any such modifications constitutes your acceptance of the modified Terms.

    2. Use of Services

    Our Services are designed to help clients develop and launch minimum viable products (MVPs) and technical solutions. By using our Services, you agree to:

    • Provide accurate and complete information when required
    • Maintain the security of your account information
    • Notify us immediately of any unauthorized access to your account
    • Use the Services only for lawful purposes
    • Not use the Services for any illegal or unauthorized purpose
    • Not violate any laws in your jurisdiction (including but not limited to copyright laws)
    • Not attempt to interfere with or disrupt the integrity or performance of the Services
    • Not attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks

    We reserve the right to refuse service to anyone for any reason at any time. We also reserve the right to terminate your access to the Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, our business, or third parties.

    3. Intellectual Property

    The content, features, and functionality of the Services are owned by LaunchCookie, LLC and are protected by copyright, trademark, and other intellectual property laws.

    Upon completion of our Services and receipt of full payment, clients will receive ownership rights to the deliverables as specified in their individual service agreements. These ownership rights typically include the final code, designs, and documentation created specifically for your project.

    However, LaunchCookie, LLC retains ownership of all proprietary tools, frameworks, software, algorithms, methodologies, and processes used in the development of your project that were not created specifically for you. We grant clients a non-exclusive, perpetual license to use these elements as they are incorporated into your final deliverables.

    Additionally, unless otherwise agreed in writing, LaunchCookie, LLC reserves the right to display and link to your project as part of our portfolio and to describe our work on your project for promotional and marketing purposes.

    4. Payment Terms

    Payment terms are as specified in your service agreement. For subscription services, recurring payments will be processed until canceled. Monthly payment plans are available as indicated on our pricing page.

    We accept payments via credit card, bank transfer, or other methods as specified in your service agreement. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

    Payment Structure: Our services follow a consistent payment structure:

    • For all services, 50% of the total amount is due upfront on your scheduled day before work begins
    • For MVP in a Day ($4,999): The remaining 50% ($2,499.50) is paid over your choice of 3, 6, or 12 months
    • For MVP in a Day+ ($7,999): The remaining 50% ($3,999.50) is paid over your choice of 3, 6, or 12 months

    One-Time Payment Sessions: For one-time payment sessions (such as "MVP in a Day"), full payment must be made before the session begins. The session will not commence until payment has been received and confirmed. No work will be initiated or services provided until payment has been processed.

    Monthly Payment Plans: For services offered on a monthly payment plan, the first payment must be made before the initial session. The system or product developed will be hosted on our servers only as long as the monthly payment plan remains active and in good standing. Subsequent monthly payments will be automatically charged according to the payment schedule in your service agreement.

    Payment Failures: In the event of a payment failure, declined credit card, or missed payment, service will be paused immediately. This includes access to your system, website, or application hosted on our servers. Service will resume only when payment is successfully processed. If payment remains outstanding for more than 30 days, we reserve the right to terminate the service agreement and take the system offline permanently.

    Late payments may result in work stoppage. Any payment that is not made within 15 days of the due date may accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

    5. Client Responsibilities

    By engaging our Services, you agree to:

    • Provide necessary information, materials, and approvals in a timely manner
    • Review and provide feedback on deliverables within the timeframes specified in your service agreement
    • Assign a primary point of contact who is authorized to make decisions regarding the project
    • Ensure that all materials provided to us do not infringe upon the intellectual property rights of any third party
    • Obtain all necessary permissions and licenses for any third-party content or services that need to be incorporated into your project

    Delays in providing feedback, materials, or approvals may result in corresponding delays in project timelines and deliverables. Significant delays may necessitate revisions to project scope, timeline, and costs.

    6. Limitation of Liability

    LaunchCookie, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Services.

    In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you to us for the Services during the 12-month period prior to the event giving rise to the liability.

    We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites linked to the Services, and we assume no liability for:

    • Any errors, mistakes, or inaccuracies of content
    • Personal injury or property damage of any nature resulting from your access to and use of the Services
    • Any unauthorized access to or use of our servers and/or any personal information stored therein
    • Any interruption or cessation of transmission to or from the Services
    • Any bugs, viruses, trojan horses, or the like which may be transmitted through the Services by any third party
    • Any loss of your data or content from the Services

    7. Termination

    We may terminate or suspend your access to our Services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, our business, or third parties.

    If you wish to terminate your agreement with us, you may simply discontinue using the Services. For ongoing service agreements, you must provide written notice of cancellation according to the terms specified in your service agreement.

    Upon termination:

    • All provisions of the Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability
    • Any outstanding fees will become immediately due and payable
    • For early termination of fixed-price projects, you will be billed for all work completed up to the termination date plus a termination fee as specified in your service agreement

    8. Confidentiality

    We respect the confidentiality of your information and will take reasonable measures to protect proprietary and confidential information disclosed to us in connection with the Services. We will not disclose your confidential information to any third party without your consent, except as required by law or as necessary to provide the Services.

    You acknowledge that we may use third-party service providers in delivering the Services, and that these providers may have access to your information. We ensure that such third parties are bound by confidentiality obligations consistent with these Terms.

    Our confidentiality obligations do not apply to information that:

    • Is or becomes publicly available through no fault of ours
    • Was in our possession or was known to us before receipt from you
    • Was rightfully disclosed to us by a third party without restriction
    • Was independently developed without use of your confidential information
    • Is required to be disclosed by law

    9. Indemnification

    You agree to defend, indemnify, and hold harmless LaunchCookie, LLC, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

    • Your use of and access to the Services
    • Your violation of any term of these Terms
    • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
    • Any claim that materials you provided to us resulted in damage to a third party

    This defense and indemnification obligation will survive these Terms and your use of the Services.

    10. Changes to Terms

    We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the date at the top of these Terms and by maintaining a current version of the Terms on our website.

    Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Services.

    11. Governing Law

    These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising under or relating to these Terms, the Services, or your relationship with LaunchCookie, LLC shall be resolved exclusively in the state or federal courts located in Delaware.

    You agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes and waive any objection to such jurisdiction and venue.

    12. Severability

    If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions.

    13. Entire Agreement

    These Terms, together with your service agreement, constitute the entire agreement between you and LaunchCookie, LLC regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

    Any modification to these Terms must be in writing and signed by an authorized representative of LaunchCookie, LLC.

    14. Contact Information

    If you have any questions about these Terms, please contact us at hello@thinkmvp.com.