1. How Our Contracts Work

Thoughtly sells subscriptions across multiple plan types pursuant to a signed Order Form that sets your Subscription Term, pricing, and any minimum commitments. Unless your Order Form expressly says otherwise, the Subscription Term automatically renews for successive terms of equal length unless you give written notice at least thirty (30) days before the end of the current term. After the opt-out window described below (if applicable), the Order is binding and non-cancellable through the end of the Subscription Term.

Order Controls: This page is a summary of our standard approach. If there is any conflict between this page and your Order Form and/or Master Services Agreement (MSA), the Order Form and MSA control.

Definitions

• Order Form: A signed ordering document between you and Thoughtly that specifies plan type(s), pricing, Subscription Term, and any minimum commitments.
• Subscription Term: The initial and any renewal term(s) stated on the Order Form.
• Fees: All platform, usage, carrier pass-through, taxes, and other charges described on the Order Form or in your invoice.
• Managed Carrier: Telephony provided via a Thoughtly-managed carrier account (e.g., Twilio/Telnyx) billed as pass-through.
• BYO Carrier: You connect and pay your own carrier account directly; carrier charges are not billed by Thoughtly.

2. Opt-Out Period (If Applicable)

For new purchases that include an opt-out, you may cancel within the first thirty (30) days of the start date shown on your Order Form. If you opt out, you remain responsible for all usage and pass-through carrier charges incurred up to the effective date of opt-out. To exercise the opt-out, email support@thoughtly.com from an authorized account contact and include your company name, Order number, and requested opt-out date. Your notice must be received within the thirty (30)-day window and becomes effective upon our written confirmation unless your Order specifies a different process.

3. Renewals & Ending Your Subscription

• Auto-renewal: Your subscription renews automatically for the same length as the initial term (unless your Order says otherwise).
• How to avoid renewal: Send written notice of non-renewal at least thirty (30) days prior to the end of your current term to support@thoughtly.com.
• Form of notice: Email from an authorized account contact is sufficient unless your Order requires a different method (e.g., portal submission).
• Early termination: Outside of an eligible opt-out window, subscriptions are non-cancellable and all Fees are due through the end of the term.

4. Fees, Usage, & Pass-Through Charges

• Fees are non-refundable: Platform fees, minimum commitments, usage fees, and taxes for all plan types are non-refundable and non-creditable, except where required by law or expressly stated in your Order.
• Usage-based billing: Invoices are issued monthly in arrears based on actual platform usage. Per-minute call charges are rounded up to the next whole minute for billing.
• Carrier charges: If you use a Thoughtly-managed carrier account, carrier costs are passed through at actuals without markup and are non-refundable. If you bring your own carrier, you pay that provider directly.
• Taxes: Fees are exclusive of taxes. You are responsible for applicable sales, use, VAT, GST, or similar taxes, except for taxes on Thoughtly’s income.
• Late payment & suspension: If any undisputed amount remains unpaid ninety (90) days past the due date, we may assess late fees at a rate of 1.5% per month (or the maximum rate permitted by law, if lower) on the outstanding balance. Thoughtly may also suspend access to the Services until payment is received, consistent with your Order/MSA.
• Payment disputes: Customer must notify Thoughtly of any good-faith dispute to an invoice within thirty (30) days of the invoice date, with reasonable detail describing the dispute. Failure to do so will render the invoice final and binding.
• Collections: If any undisputed amount remains unpaid one hundred twenty (120) days past the due date, Thoughtly may refer the account to collections. Customer will be responsible for all reasonable costs associated with collection efforts, including agency fees, legal fees, and court costs, in addition to any applicable late fees.

5. Refund Eligibility

Because subscriptions are purchased under binding Order Forms, refunds are generally not available. Thoughtly may, in its discretion or where required by law, provide an account credit or issue a refund for: (a) duplicate charges caused by a billing error; or (b) verified service issues that qualify for credits under your Order or applicable SLA (if any). Usage-based fees and pass-through carrier charges are not refundable. Prepaid amounts and promotional credits are not refundable; credits, if issued, apply to future invoices unless your Order states otherwise.

6. Chargebacks & Disputed Payments

Initiating a chargeback or external payment dispute may result in suspension of Services until the dispute is resolved and all undisputed amounts are paid. To avoid disruption, please contact support@thoughtly.com so we can investigate and resolve any billing concerns directly.

7. Legacy Pay-As-You-Go Plans

Some customers may still be on legacy pay-as-you-go subscription plans. These plans are no longer offered for new signups but remain active for existing accounts. No refunds are available for any fees, usage, or credits associated with these legacy subscriptions, consistent with the original terms of service.

8. Force Majeure

Thoughtly will not be liable for any delay or failure to perform its obligations to the extent caused by an event or circumstance beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, acts of government, labor disputes, war, terrorism, civil unrest, denial-of-service attacks, failures of telecommunications or internet services, or power outages. Obligations affected by a force majeure event will be suspended for the duration of the event, and the time for performance will be extended accordingly. We will use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable.

9. Changes to This Policy

We may update this policy from time to time to reflect changes to our contracts or billing practices. Updates take effect upon posting for new purchases and upon renewal for existing subscriptions, unless otherwise stated in your Order.

Questions? Contact support@thoughtly.com.