This Agreement takes effect when you agree to the terms of this Agreement. You may show your agreement to and acceptance of these terms by either executing an Order Form or Statement of Work referencing this Agreement or otherwise accessing or using the Services. By executing an contract referencing this Agreement or otherwise accessing or using the Services, you represent and warrant that (a) you are lawfully able to enter into contracts (e.g., you are not a minor), (b) you have legal authority to bind the entity that you represent, and (c) you have read, understood, and hereby agree to be bound by the provisions of this Agreement including Privacy Policy.
We may periodically make changes to this Agreement. By using the Services, you accept this Agreement and any modifications that we may make to this Agreement. You are responsible for regularly reviewing this Agreement and any policies that apply to your use of the Services to stay informed of any changes. If you continue to use the Services after the effective date of any modified terms or policies, you agree to be bound by them as of the date of the modification. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST CEASE USING THE SERVICES.
Thunderpod Services
- Services. Thunderpod provides a performance management system and also offers health & fitness solutions among other services and related mobile apps ("Mobile Apps"), as further described at https://thunderpod.com/ and other websites where this Agreement is posted (collectively, the "Services").
- Account Setup. When you set up an account or have an account set up for you ("Thunderpod Account") to use the Services, you will be required to choose a password and user ID and will be required to provide other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it in your Thunderpod Account. If Thunderpod believes that the Registration Information you provide is not correct, current, or complete, Thunderpod reserves the right to refuse you access to the Services, and to terminate or suspend your Thunderpod Account at any time. However, Thunderpod has no obligation to verify the accuracy, currency, completeness, or usefulness of any Registration Information that you have provided.
- Thunderpod Account Credentials. You understand that you are responsible for maintaining the confidentiality of the username, password and any other authentication credentials for your Thunderpod Account and those of any users you authorize under your Thunderpod Account ("Permitted Users"), and you are fully responsible for all activities that occur under your Thunderpod Account, including the purchase of any of the Services. You agree (i) to promptly notify Thunderpod if you suspect any unauthorized use of your Thunderpod Account (including usernames, passwords or any other authentication credentials) or any other breach of security, and (ii) not to share any username, password or any other authentication credentials with any other user or use the username, password or any other authentication credentials of any other user. You acknowledge that Thunderpod is not responsible for any loss or damage arising from the theft or misappropriation of any username, password or other authentication credentials. Thunderpod recommends that you use strong passwords for your Thunderpod Account, never use the same password on multiple sites or services and change your password frequently. You are directly responsible to Thunderpod for the conduct, acts and omissions of your Permitted Users and will ensure that your Permitted Users comply with this Agreement.
- Professional Services; Statements of Work for Professional Services; Change Orders. Subject to the terms and conditions of this Agreement, Thunderpod may perform implementation, integration, training or other professional services for you, all of which will be considered Services where applicable under this Agreement. The specific details of the professional services to be performed (including scope of work, fees, payment schedule and timeline) will be determined on a per-project basis, and the details for each project will be described in a Statement of Work for professional services. Each Statement of Work for professional services will constitute a separate work engagement. All changes to a Statement of Work for professional services requested by either party will only be effective upon signing of a mutually agreed change order. If work on a Statement of Work for professional services is materially delayed, postponed, or discontinued by you, Thunderpod may suspend performance of professional services under such Statement of Work.
- Free Trials and Free Services. From time to time, Thunderpod may offer trials of certain versions of the Services for a specified period of time free of charge (each, a “Free Trial”) or may offer a tier of the Services free of charge ("Free Services"). If you register on our website for a Free Trial, we will make the Services available to you under the Free Trial until the earlier of (i) the end of the Free Trial period for which you registered to use the Services, (ii) the start date of any subscription ordered by you for such Services, or (iii) termination by us in our sole discretion. If you register on our website for Free Services, we will make the Services available to you under the Free Services until the earlier of (i) the start date of any paid subscription ordered by you for such Services, or (ii) termination by us in our sole discretion. Additional Free Trial or Free Services terms and conditions may appear on the registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Thunderpod reserves the right, in our absolute discretion, to determine your eligibility for a Free Trial or Free Services, and, subject to applicable laws, to withdraw or to modify a Free Trial or Free Services at any time without prior notice and with no liability, to the greatest extent permitted under law. ANY CONTENT YOU ENTER INTO THE SERVICES, AND ANY CONFIGURATION CHANGES MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS WITHIN 90 DAYS AFTER THE END OF YOUR FREE TRIAL PERIOD YOU SUBSCRIBE TO THE SAME OR A HIGHER TIER OF THE SERVICES OR EXPORT YOUR CONTENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THUNDERPD’S INDEMNITY OBLIGATIONS DO NOT APPLY TO FREE TRIALS OR FREE SERVICES.
Fees and Payment
- Election and Fees.
- The fees for the Services are set forth on the Thunderpod pricing page ("Pricing Page") or on an executed Order Form or Statement of Work between you and Thunderpod, each of which is incorporated into and made a part of this Agreement. Fees for the Services may be payable in advance, in arrears, per user, or as otherwise described on the Pricing Page or on an executed Order Form or Statement of Work between us. You agree to pay Thunderpod the fees indicated for the Services you purchase and for the indicated term (“Subscription Term”) and for any other fees set forth on an executed Order Form or Statement of Work between us. Stated fees do not include any related taxes (including sales and use taxes, duties or other governmental taxes or fees), all of which are your responsibility and will be charged to your Payment Method in addition to the fees.
- Fees for subscription-based Services will be invoiced to you or charged to your Payment Method on the day your Services plan selection goes into effect and will cover fees for your Services plan selection for the payment period indicated. Fees for other Services will be charged according to the applicable Pricing Page, Order Form or Statement of Work. At the end of the indicated Subscription Term for subscription-based Services, and unless otherwise set forth in the applicable Order Form or Statement of Work, your purchased Services will automatically renew for successive renewal Subscription Terms of equal length to the initial Subscription Term and the applicable fees will continue to be invoiced to you or charged to your Payment Method on a recurring basis until you change your Services plan selection or terminate this Agreement. The amount of the charge for each renewal Subscription Term will be the then-current fee applicable to the Services plan and Subscription Term you selected as set forth on the Pricing Page or otherwise communicated to you. You acknowledge that the amount of the charge may increase if the applicable fee increases. If applicable, you hereby authorize Thunderpod to charge your Payment Method for such recurring charges.
- You may upgrade, downgrade or terminate your Subscription Services plan selection at any time. Plan downgrades and terminations will take effect only at the end of your current term and must be made at least 30 days prior to the start of your next renewal Subscription Term in order to avoid billing of the next renewal Subscription Term’s fees at the prior rate. Services upgrades will take effect immediately and you will be charged a prorated fee for the remainder of your current Subscription Term based on the difference in price between your current plan and the upgraded plan.
- Payment Method. Thunderpod may, from time to time, offer various expedited payment methods, including payment by credit card, debit card, or direct debit. If you select such a payment method when purchasing the Services or provide such a payment method on an Order Form or Statement of Work (the “Payment Method”), you authorize Thunderpod to charge you for Services through such Payment Method and agree to make payment using such Payment Method and to keep your payment-related information up to date. Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”). If Thunderpod does not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from Thunderpod. Your non-termination or continued use of the Services reaffirms that Thunderpod is authorized to charge your Payment Method.
- Payment Matters. If your Payment Method fails or your account is past due, Thunderpod reserves the right to either suspend or terminate your use of the Services. If Thunderpod has agreed to issue invoices to you, payment of all invoices is due within 14 days of invoice receipt. You agree to submit in writing to Thunderpod any disputes regarding any fees invoiced to you within 14 days of invoice receipt or charged to your Payment Method within 60 days of such charge, otherwise such dispute will be waived and such invoices and charges will be final and not subject to challenge. Thunderpod reserves the right to charge you interest at a rate of 1.5% per month on any overdue amounts, or the maximum rate permitted by applicable law, whichever is lower. You will also reimburse any reasonable costs and expenses (including reasonable attorneys’ fees) incurred by Thunderpod to collect any undisputed amount that is not paid when due. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Services except (i) as expressly set forth in this Agreement, the Pricing Page or an executed Order Form or Statement of Work between us; (ii) as otherwise required by applicable law; or (ii) at our sole and absolute discretion. All fees for Services are subject to change without notice; however, Thunderpod will use reasonable efforts to notify you at least 30 days before any fee increase and fee changes will not take effect until your next renewal.
Certain Customer Responsibilities and Additional Requirements
- Grant of License. As between you and Thunderpod, and except as otherwise expressly stated in this Agreement, you will own and retain all rights, title, and interest in and to all data, information, text, graphics, images, links, and all other content and materials submitted by you or on your behalf, or that you allow us to access or upload from your systems, for processing by the Services, as well as any information that Thunderpod collects directly from your users (collectively, the "Customer Content"). You hereby grant to Thunderpod and its suppliers a non-exclusive, worldwide, transferable, sublicensable, and fully paid-up right and license to analyze, process, use, disclose, transfer, publish, display, compile, create derivative works of and otherwise exploit, the Customer Content for purposes of providing, developing and improving the Services and operating our business.
- Responsibility and Use of Customer Content. You are solely responsible (and assume all liability and risk) for determining whether or not Customer Content is legal, appropriate or acceptable, and whether you have the right to provide, access and use such content and grant to Thunderpod and its suppliers the right to access and use such content under this Agreement. Thunderpod will not be responsible for the Customer Content. Thunderpod reserves the right at all times, at its discretion and without notice to you, to remove or refuse to store or use any Customer Content within the Services. Thunderpod also reserves the right to access, preserve and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Agreement, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; or (iv) protect the rights and property of Thunderpod, its users and the public. You acknowledge that you are responsible for setting access rights and privileges for any of your Permitted Users.
- Copyright Policy. Thunderpod honors and recognizes copyright law and expects all customers and users of the Services to comply as well. Thunderpod reserves the right to terminate the account of any customer or user who continuously violates or is believed to be continuously violating the rights of copyright owners.
Thunderpod Intellectual Property
- Ownership of Thunderpod IP. Thunderpod and its licensors will own and retain all rights, title, and interest in and to the Services and all materials therein, including software (including Mobile Apps, as defined below, and any other necessary software used in connection with the Services), Java applets, images, text, graphics, designs, illustrations, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof, content belonging to other users, Documentation and all work product and deliverables under each Order Form and Statement of Work (collectively, “Thunderpod IP”). "Documentation" means any user documentation, on any media, provided by Thunderpod for use with the Services.
- Limited License. During the term of this Agreement, and as applicable to the Services you purchase, you are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services (including Mobile Apps) and Documentation for your internal business purposes, subject to the terms and conditions of this Agreement. For the avoidance of doubt, you must comply with any scope restrictions or limitations for the Services you purchase.
- Restrictions. You agree that you will not (i) copy, modify, publish, adapt, create derivative works of, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services (including Mobile Apps) or other Thunderpod IP or cause others to do so; (ii) remove, alter, cover or obfuscate any copyright notice or other proprietary rights notice placed on or displayed by the Services (including Mobile Apps) and Documentation, whether in machine language or human readable form; (iii) “frame” or “mirror” any part of the Services, without Thunderpod’s prior written authorization; (iv) use meta tags or code or other devices containing any reference to Thunderpod or the Services in order to direct any person to any other website for any purpose; (v) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Services (including Mobile Apps) or Documentation to any third party or use the Services (including Mobile Apps) or Documentation to provide time sharing or similar services for any third party or make any commercial use of the Services (including Mobile Apps) or Documentation, other than as intended; (vi) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services or Documentation; (vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (viii) use any automated methods or processes to create user accounts or access the Services, (ix) remove, circumvent, disable, damage or otherwise interfere with any security or other technological features or measures of the Mobile Apps and other Services, or attempt to probe, scan or test the vulnerability of a network and or system or to breach any security measures; or (x) use the Services (including Mobile Apps) or other Thunderpod IP other than for their intended purpose. Any use of the Services (including Mobile Apps) or other ThunderpodIP other than as expressly authorized herein, without the prior written consent of Thunderpod, is strictly prohibited and will violate and terminate the license granted herein. You agree to promptly notify Thunderpod in writing of any unauthorized use of the Services, Documentation or other ThunderpodIP that comes to your attention, cooperate and assist with any actions taken by Thunderpod to prevent or terminate unauthorized use of the Services, Documentation and other Thunderpod IP, and use reasonable efforts to prevent any such unauthorized use of the Services, Documentation and other Thunderpod IP.
- Reservation of Rights. Unless explicitly stated herein, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Thunderpod reserves all rights not expressly granted herein in the Services (including Mobile Apps) and the other Thunderpod IP. This license is revocable at any time.
Communicating with you Electronically—Permission to Text
- You agree and consent to our communicating information, notices, messages, service alerts, announcements, agreements, privacy notices, disclosures or other communications (“Electronic Communications”) associated with the Services to you and Permitted Users electronically by posting such Electronic Communications in your Thunderpod Account, e-mailing such Electronic Communications to the e-mail address on file or by sending such Electronic Communications to you and Permitted Users via SMS text message to the mobile number on file in the relevant Thunderpod Account.
- Unless and until you opt-out of receipt of Electronic Communications via SMS text messaging, you expressly give us permission to send you text messages to your and Permitted Users’ mobile devices. You acknowledge and understand that such text messages may cause you and Permitted Users to incur charges from the wireless service provider or deductions from the applicable calling or texting plans. Text messages may include information about our Services, including modifications to this Agreement or our Privacy Policy and other communications Thunderpod may desire to send.
- Electronic Communications are deemed to be received – at the latest – when they are sent to you or Permitted Users at the last email address or wireless phone number provided to us. You will ensure that your and Permitted Users’ email address and wireless phone number will be kept up to date in order that we may communicate with you and Permitted Users.
Trademarks
“Thunderpod”, Thunderpod’s logos and any other trade name or slogan contained in or used in connection with the Services are trademarks or service marks of Thunderpod, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Thunderpod or the applicable trademark holder. In addition, the look and feel of the Services (including Mobile Apps), including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Thunderpod and may not be copied, imitated or used, in whole or in part, without Thunderpod’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in connection with the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Thunderpod.
Compliance with Laws
You agree that you will use the Services and provide, access and use Customer Content in compliance with all applicable local, state, national and international laws, rules and regulations. You will not, will not agree to, and will not authorize or encourage any third party to: (a) use the Services to transmit or otherwise distribute any content that you do not have the necessary rights in or that is unlawful, defamatory, libelous, harassing, abusive, fraudulent or obscene, that contains viruses, or is otherwise objectionable, as reasonably determined by Thunderpod; (b) interfere or attempt to interfere with the proper working of the Services or prevent others from using the Services; or (c) use the Services for any fraudulent or unlawful purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, at Thunderpod’s sole discretion, and may subject you to state and federal penalties and other legal consequences. Thunderpod reserves the right, but will have no obligation, to review the Customer Content and use of the Services, including in relation to Thunderpod user complaints or disputes, in order to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
Confidential Information
- Definition. "Confidential Information" means non-public business information, know-how, and trade secrets in any form, including information regarding our product plans, security practices and policies, and any other information a reasonable person should understand to be confidential, which is disclosed by or on behalf of either party or its affiliates to the other party or its affiliates, directly or indirectly, in writing, orally, or by inspection of tangible objects, and whether such information is disclosed before or after the effective date of this Agreement. Confidential Information includes any portion of this Agreement and its terms that is not publicly available on our website. "Confidential Information" excludes information that (i) is publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party through no action or inaction of the receiving party; (ii) is already in the possession of the receiving party at the time of disclosure by the disclosing party, as shown by the receiving party’s files and records; or (iii) is obtained by the receiving party from a third party without a breach of the third party’s obligations of confidentiality.
- Maintenance of Confidentiality. The party receiving Confidential Information hereunder agrees to take reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, but not less than reasonable care, to prevent the unauthorized duplication or disclosure of the Confidential Information to third parties without the disclosing party’s prior written consent. The receiving party may disclose the disclosing party’s Confidential Information to the receiving party’s employees or agents who reasonably need to have access to such information to perform the receiving party’s obligations under this Agreement, and who will treat such information as Confidential Information under the terms of this Agreement. The receiving party may disclose the disclosing party’s Confidential Information if required by law so long as the receiving party gives the disclosing party written notice of the requirement prior to the disclosure (where permitted) and reasonable assistance, at the disclosing party’s expense, in limiting disclosure or obtaining an order protecting the information from public disclosure.
- Return of Materials and Effect of Termination. Upon a written request of the disclosing party, or in any event upon any termination or expiration of this Agreement, the receiving party will return to the disclosing party or destroy all materials, in any medium, to the extent containing or reflecting any of the disclosing party’s Confidential Information. With respect to your Customer Content, we will make your Customer Content available for download at any time upon your request during the term of this Agreement and for a period of 90 days following expiration or termination of this Agreement (excluding Customer Content resulting from Free Trials, which are covered by Section 1(e)). Following such a 90-day period, we may purge your Customer Content from our systems. The obligations in this Section 9 survive for three years following expiration or termination of this Agreement, except that Confidential Information that constitutes a trade secret of the disclosing party will continue to be subject to the terms of this Section 9 for as long as such information remains a trade secret under applicable law.
- Privacy Policy. Thunderpod collects personal and other information in connection with the Services. By using the Services, you agree to be bound by the terms of our Privacy Policy.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the application through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the application. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or applications, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party applications. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In case if you have provide your phone number in the app and you raise an issue on support/ playstore/ appstore then we have the right to call you and resolve the issue.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related application is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related application, should be taken to indicate that all information in the Service or on any related application has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related application, other applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related application, other applications, or the Internet. We reserve the right to terminate your use of the Service or any related application for violating any of the prohibited uses.
Disclaimers; No Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THUNDERPOD AND ITS AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY MATTER, INCLUDING THE SERVICES. THUNDERPOD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THUNDERPOD DOES NOT WARRANT THE RESULTS OR PROVISION OR USE OF THE SERVICES, INCLUDING THAT YOU WILL RECEIVE ANY BUSINESS BENEFITS AS A RESULT OF THE SERVICES, AND YOU ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. THUNDERPOD MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE AVAILABILITY, UPTIME, OR QUALITY OF THE SERVICES, AND THUNDERPOD MAY FREELY ADD, MODIFY, UPDATE, REMOVE, AND REPLACE ANY SERVICES.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Thunderpod private limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Thunderpod private limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability and Waiver
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Thunderpod’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Grievance Redressal and Governing Law, Arbitration, And Class Action/Jury Trial Waiver
- Grievance Redressal. Thunderpod respects and is sensitive to the rights as granted in the applicable laws. Any questions about the Terms of Service and/or Privacy Policy including Thunderpod’s Information collection, use and disclosure practices, you may contact by sending an email on support@thunderpod.com. Thunderpod will endeavor to use reasonable efforts to respond promptly to requests, questions or concerns User may have regarding the use of Information.
- Governing Law. You agree that the Services shall be deemed solely based in California and this Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the state or federal courts in and for King County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, as set forth in the Arbitration provision below. You agree that King County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
- Arbitration. READ THIS PARAGRAPH CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THUNDERPOD. For any dispute with Thunderpod arising out of or relating in any way to this Agreement (including the Privacy policy and any Statements of Work or Order Forms), you agree to first contact us by sending a prior written notice via email on support@thunderpod.com and attempt to resolve the dispute with us through good faith discussions. In the unlikely event that we have not been able to resolve a dispute after 60 days of receiving written notice including details of concern or dispute, we each agree to resolve any claim, dispute or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or relating in any way to this Agreement (including the Privacy policy and any Statements of Work or Order Forms) (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Seattle, California, unless you and Thunderpod agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this paragraph shall be deemed as preventing either you or Thunderpod from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation or other violation of either party’s confidential information or intellectual property or other proprietary rights.
- Class Action/Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THUNDERPOD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Entire Agreement
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our application. It is your responsibility to check our application periodically for changes. Your continued use of or access to our application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact Information
Questions about the Terms of Service or Privacy Policy should be sent to us at support@thunderpod.com.