Acceptance of terms

These Terms & Conditions (“Terms”) govern your access to and use of the website thinkbright.net and the VoIP and hosted PBX services (the “Services”) provided by ThinkBright LLC (“ThinkBright,” “we,” “us,” or “our”). By signing up for or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Description of service

ThinkBright provides business Voice over Internet Protocol (VoIP) and hosted PBX communication services, including related equipment, applications, and customer support, as described on thinkbright.net and in your service order.

Eligibility & accounts

You must be at least 18 years old and authorized to act on behalf of the business enrolling in the Services. You agree to provide accurate, current, and complete account information and to keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

Fees, billing & payment

Fees for the Services are set out in your service order or on thinkbright.net/pricing. Recurring fees are billed on the cycle disclosed at sign-up. Late payments may result in suspension of Services. We will provide advance notice of any change to recurring pricing.

Acceptable use

You agree not to use the Services to:

• Violate any applicable law or regulation
• Transmit unlawful, fraudulent, or abusive robocalls, spam, or unsolicited messages
• Interfere with or disrupt the integrity or performance of our network or the networks of others
• Attempt to gain unauthorized access to any ThinkBright system or another customer’s account

We reserve the right to suspend or terminate Services for any violation of this section.

911 & emergency calling

SMS text messaging terms

If you opt in to ThinkBright’s SMS program, the following terms apply:

• Messages may include service activation confirmations, billing and invoice reminders, technical support and network status updates, installation or appointment reminders, and general account announcements.
• Consent to receive SMS messages is not a condition of purchasing any ThinkBright service.
• Message frequency varies. Message and data rates may apply.
• Reply STOP at any time to opt out of receiving SMS messages.
• Reply HELP for assistance, or contact us at (212) 796-5000 or info@thinkbright.net.
• Carriers are not liable for delayed or undelivered messages.

For more on how we handle information collected through the SMS program, see our Privacy Policy.

Intellectual property

All content, trademarks, and technology associated with thinkbright.net and the Services are owned by ThinkBright or our licensors. Nothing in these Terms grants you any right to use ThinkBright’s trademarks or branding without our prior written consent.

Term, suspension & termination

These Terms remain in effect while you use the Services. We may suspend or terminate your access to the Services for non-payment, violation of these Terms, or as required by law. You may cancel your Services at any time in accordance with your service order.

Disclaimer of warranties

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, ThinkBright disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.

Limitation of liability

To the fullest extent permitted by law, ThinkBright will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business, arising out of or relating to your use of the Services, including any failure or delay of 911 or SMS messaging described above.

Indemnification

You agree to indemnify and hold ThinkBright harmless from any claims, damages, or expenses arising from your use of the Services or your violation of these Terms.

Governing law

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute arising under these Terms will be subject to the exclusive jurisdiction of the state or federal courts located in New York, New York.

Changes to these terms

We may revise these Terms from time to time. The “Last updated” date at the top of this page reflects the most recent revision. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

Contact information

Questions about these Terms can be directed to: