Terms Of Service

Thundr is a product of Lightningware Inc., a company incorporated in Wyoming, USA (“Company”, “we”, “our”, or “us”). Our services are exclusively for adults. We strictly prohibit individuals under 18 years of age from accessing, using, or engaging with our service in any manner.

We are pleased to provide you with access to and use of our website and real-time video chat and text services at https://thundr.com, along with all additional services, video, text, or other materials uploaded, downloaded or spearing on the service (the “Service”). Your (“you”, “your”, or “user”, as applicable and collectively with other users of the Service, the “users”) use and access to the Service is governed by these User Terms of Service (the “Terms”).

We maintain an active partnership with law enforcement agencies, including the National Center for Missing and Exploited Children (“NCMEC”) and cooperate with law enforcement in all instances of suspected illegal activities involving our service, especially cases involving minors or sexual misconduct, including without limitation, prostitution or sex trafficking of any kind.

If you are aware or have any knowledge whatsoever of such activities, please immediately report such information to us at abuse[at]thundr.com.

Important notice regarding arbitration: When you agree to these terms you are agreeing (with limited exception) to resolve any dispute between you and the company through binding, individual arbitration rather than in court. Please review carefully Section 17 “Class action waiver; arbitration; jury trial waiver” below for details regarding arbitration.

Acceptance

By accepting these terms through use or access of the service, or otherwise electronically indicating your acceptance, you agree to the terms and conditions of these terms, and our privacy POLICY. you further represent and warrant to us: (i) you are at least 18 years old; (ii) you are not prohibited from using the service under any laws, INCLUDING ANY LAWS IN YOUR JURISDICTION; and (iii) you have the legal capacity to enter into a binding contract with us. IF YOU DO NOT HAVE SUCH AUTHORITY and legal capacity, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE OR ACCESS THE SERVICE.

These terms govern your access and USE OF THE SERVICE AND SUPERSEDE ALL PRIOR TERMS OR AGREEMENTS BETWEEN YOU AND THE COMPANY. WE MAY REVISE AND UPDATE THESE TERMS OF SERVICE FROM TIME TO TIME IN OUR SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM AND APPLY TO ALL SUBSEQUENT ACCESS TO AND USE OF THE SERVICE.

No minors – zero tolerance

OUR SERVICE IS EXCLUSIVELY FOR ADULTS. WE MAINTAIN A STRICT ZERO-TOLERANCE POLICY AGAINST INDIVIDUALS UNDER 18 YEARS OF AGE ACCESSING, USING, OR ENGAGING WITH OUR SERVICE IN ANY MANNER. IF YOU ARE UNDER 18 YEARS OF AGE OR BELOW THE AGE OF MAJORITY IN ANY PLACE WHERE YOU LIVE OR VIEW OUR SERVICE, YOU MUST IMMEDIATELY LEAVE OUR SERVICE NOW.

As discussed throughout these Terms, we strictly prohibit our Service from being used in any way whatsoever to engage in, participate in, assist, support, or facilitate any act in any way involving the actual or possible exploitation of children. We strictly prohibit the sharing of child pornography of any type whatsoever on or through our Service. We have established protocols for immediate reporting to law enforcement agencies for any suspected violations of law.

We also prohibit any discussion or reference whatsoever on our Service in any way related to children or anyone under 18 years of age, including without limitation,
* Any type of roleplaying or other conduct which involves any person acting or posing as a person under 18 years of age;
* Discussion of child pornography, child exploitation, or your own or another’s sexual activity prior becoming 18 years of age; and
* Interactions or shared content from any person who appears to be, or may leave viewers with the impression of being, under 18 years of age, whether through the use of makeup, apparel, room decor, camera filters, applications, automation, or any other means, intentionally or unintentionally.

YOU WILL BE PERMANENTLY BANNED FOR EVEN DISCUSSING SUCH ACTIVITY OR SEEKING/OFFERING/ENGAGING IN INAPPROPRIATE ROLEPLAY. FURTHER YOU WILL ALSO BE BANNED FROM THUNDR AND REPORTED TO NCMEC AND/OR LAW ENFORCEMENT FOR DISCUSSING OR ARRANGING TO DISCUSS MINORS ON ANOTHER PLATFORM.

Also, as discussed elsewhere in these Terms, we strictly prohibit: (1) any minor or any other person from using another user’s account; and (2) any minor or any other person from using the credit card of another person in purchasing our Service. As used herein, the Terms “minors,” “minor,” and “child” refer to anyone under 18 years of age.

If you are aware or have any knowledge whatsoever of any action which is or may be a violation of any of these requirements or any action which would in any way relate to the actual or possible sexual exploitation of children, please immediately report such information to us at abuse[at]thundr.com, and report the user using the “Report” feature within your chat. This includes reporting any potential minors identified in broadcasts, videos, or images, regardless of context, and any attempts to engage in underage roleplay or share content containing minors. If you suspect someone may be in immediate danger, please contact your local authorities.

No prostitution or sex trafficking

WE STRICTLY PROHIBIT AND HAVE ZERO TOLERANCE FOR OUR SERVICES BEING USED IN ANY WAY WHATSOEVER TO ENGAGE IN, PARTICIPATE IN, ASSIST, SUPPORT, OR FACILITATE ANY ACT OF PROSTITUTION, SEX TRAFFICKING OF CHILDREN, OR SEX TRAFFICKING OF ANY KIND, INCLUDING WITHOUT LIMITATION, BY FORCE, FRAUD, OR COERCION.

Any violation of these prohibitions will result in immediate ban of your account with us, and you will be blocked from ever using our Services in the future. We will cooperate fully with any criminal investigation by any law enforcement agency of any type.

If you are aware or have any knowledge whatsoever of any action by any person which is or may be a violation of any of these requirements or any action by any person which in any way relates to the actual or possible sexual exploitation of a minor or any other person, please immediately report such abuse to us at abuse[at]thundr.com. If you suspect someone may be in immediate danger, please contact your local authorities.

Access and use of Service

The Service provides a real-time moderated communication platform. Our Service is designed to foster positive and respectful interactions. We do not tolerate any form of abuse, harassment, or illegal activity. Before you utilize the Service, make sure you meet the requirements and understand your responsibilities. This Section explains who can use the Service and what you must do and avoid while using the Service.

A. Eligibility criteria

You are prohibited to use the Service unless all of the following are true:
* Age and Individual Status: You must be at least 18 years old and an individual (not a corporation, partnership, or other business entity).
* Legal Capacity: You must be legally able to enter into a binding contract with the Company.
* Location Restrictions: You must not be in a country under U.S. Government embargo or designated as a “terrorist supporting” country.
* Sanctions and Prohibitions: You must not be on any U.S. Government list of prohibited individuals or face similar legal restrictions.
* Legal Compliance: You must not be legally prohibited from using our Service under any applicable laws, including, without limitation, the laws of the jurisdiction where you reside or from which you access the Service.
* Previous Bans: You must not have been previously banned by us, or our affiliates or service providers from using the Service.

If you stop meeting these requirements at any time, you must stop using the Service immediately.

B.  Territorial restrictions

The Company is based in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

C.  Termination and suspension

We may suspend or terminate your access to all or any part of our Service at any time, with or without cause, with or without notice, including if, in our opinion, you have violated any provision of these Terms. In the event we have determined that you have breached any provision of these Terms, you will not be eligible for any refunds for any purchases made through the Service. This policy applies regardless of the nature or severity of the breach.

Content and conduct

A.  Community guidelines

These Terms allow you to use the Service only as outlined herein. You agree to adhere to our Community Guidelines, which can be found at https://thundr.com/rules (“Community Guidelines”). You agree and acknowledge that failure to follow these Terms, including our Community Guidelines, could result in legal action. You agree that from time to time we may remove or suspend the Service for indefinite periods of time, or cancel the Service at any time, without giving notice to you.

B. Prohibited uses

In addition to compliance with the Community Guidelines, you must not: (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service; (ii) modify copies of any materials from the Service; or (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service. If we provide social media features with certain content, you may only take such actions as are enabled by such features.

You must not access or use any part of the Service or any other services or materials available through the Service for any commercial purpose. If you breach the restrictions in these Terms, your right to use the Service will stop immediately, and destroy any information you may have regarding the Service. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
* In any way that violates any applicable federal, state, local, or international law, rule or regulation of any kind;
* For the purpose of exploiting, harming, or attempting to exploit or harm any person in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
* To engage in, assist with, cause, promote, or facilitate in any way any activity which in any way involves prostitution, solicitation, sex trafficking, or other criminal activities;
* To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
* To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
* To impersonate or attempt to impersonate the Company, a Company employee, other users, or any other person or entity;
* To engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company or engaging in any pyramid or other multi-tiered marketing scheme;
* To access or use the Service to collect any market research for a competing business;
* To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose the Company to liability; or
* In any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.

Additionally, you agree you will not:
* Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
* Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
* Use any device, software, or routine that interferes with the proper working of the Service;
* Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
* Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service; or
* Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

User interactions

A.  Interactive services

The Service contains interactive features (collectively, “Interactive Services”) that allow users to communicate with other users in real time via chat and/or video messaging, including any content, audio and any other material transmitted related to the Interactive Services (collectively, “User Interactions”) on or through the Service. WE ARE NOT RESPONSIBLE OR LIABLE TO ANY USER OR THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER INTERACTIONS BETWEEN YOU OR ANY OTHER USER OF THE SERVICE. All User Interactions must comply with applicable law and these Terms. You agree and acknowledge that your User Interactions are intended and authorized to be shared with the users with whom you communicate and will be considered non-proprietary, and as between the Company and the applicable users, non-confidential. The Company uses AI moderation of User Interactions as described below.

Without limiting the foregoing, User Interactions must not:
* Contain or discuss any material that is defamatory, obscene (including but not limited to bestiality, urination/defecation, extreme sadomasochism or bondage presented in a sexual context, incest, or any content involving or depicting minors), indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
* Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
* Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
* Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that would give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and our Privacy Policy;
* Promote any illegal activity, or advocate, promote, or assist any unlawful act, or attempt to move users to other platforms or communication channels (including but not limited to Snapchat, Telegram, Kik, or similar platforms) for the purpose of conducting prohibited or illegal activities;
* Impersonate any person, or misrepresent your identity or affiliation with any person or organization or to deceive any person;
* Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; or
* Involve commercial activities or sales, or advertising not permitted under these Terms; or
* Give the impression that they emanate from or are endorsed by us or any other person or entity.

B. Representations and warranties

You represent and warrant that: (i) all of your User Interactions do and will comply with these Terms and applicable law; and (ii) you own or control all rights in and to your User Interactions and have the right to grant the license granted herein to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You understand and acknowledge that you are solely responsible for any User Interactions you submit, transmit, communicate or contribute, and you, not the Company, have full responsibility for such content, including its legality, compliance, reliability, accuracy, and appropriateness.

C. Offline interactions

The Company is not liable for the actions or conduct of any user, whether online or offline. Users are solely responsible for their interactions and must exercise appropriate caution when communicating with people, especially if offline. We do not encourage offline communication or meeting in real life. If you must insist on engaging offline, we strongly recommend that users take all necessary precautions to ensure their safety in any offline interactions, including but not limited to meeting in public places, informing friends or family of their whereabouts, and conducting their own research into the background of other users. WE ARE NOT RESPONSIBLE FOR ANY HARM, LOSS, OR DAMAGE RESULTING FROM OFFLINE INTERACTIONS BETWEEN USERS.

D. Steaming content

The Service provides functionality allowing users to stream/broadcast using their webcams. It is possible that other users might, without your permission, unlawfully record, make copies of, store, re-broadcast, distribute, publish or otherwise share your broadcast online or through other media forms. You assume all risk for your broadcasts and hereby release and agree to indemnify and hold us harmless for all actions arising out of such activities, including without limitation invasion of privacy, defamation, and/or intellectual property infringement.

Monitoring and enforcement of user interactions

A.  Monitoring

We reserve the right to monitor User Interactions in our sole discretion and take any action with respect thereto that we deem necessary or appropriate, including if we believe that any User Interaction violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person, or could create liability for the Company, as determined in our sole discretion. While we reserve the right to monitor User Interactions, we do not confirm any user, or their purported identity. We do not endorse any user and you are solely responsible for determining the suitability of any user you interact with.

B.  AI moderation

Our Service employs advanced real-time AI moderation to help enforce our rules and policies, specifically targeting behavior that may be harmful or inappropriate. The AI system actively monitors user interactions, and in the event that it detects any violation, a detailed report is generated. This report includes the violating user’s information, such as their IP address, and captures a screenshot of their communication or a picture if they are webcasting. We reserve the right to permanently ban any user found violating these Terms. While we strive for accuracy in AI moderation, it is not infallible. You acknowledge and agree that we are not liable for any errors or omissions in AI moderation or for any loss or damage incurred as a result of its use.

C.  Law enforcement

We may disclose any information monitored by us, including without limitation, any referral to law enforcement for any illegal activities conducted through the Service. We do not endorse any illegal activities conducted through the Service. We reserve the right to fully cooperate with any law enforcement authorities or court orders directing us to disclose any information obtained through the Service, whether or not such information is legally compelled, in our sole discretion. YOU WAIVE AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We proactively work with and promptly report all violations of law involving minors and sexual exploitation to appropriate law enforcement agencies, including but not limited to local law enforcement, the FBI, and the NCMEC. We have zero tolerance for such violations - any person engaging in any type of the prohibited conduct discussed above or elsewhere in these Terms will be permanently blocked from our Service, reported to authorities, and we will fully cooperate with law enforcement by providing all available information, evidence, and assistance to fully support the investigation and prosecution of such violations of the law.

For law enforcement agencies needing to contact us regarding any information we may have regarding cases involving minors, or sex trafficking, exploitation, or any related matters of any person, please reach out to us directly at LEO[at]thundr.com.

D.  Reporting misconduct

We strive to ensure User Interactions comply with these Terms, but acknowledge that our capabilities have limitations. Users are encouraged to report any inappropriate behavior, harassment, abuse, or violations of these Terms by reporting such abuse within any User Interaction by clicking the “Report” and flag icon and/or reaching out to our support team at abuse[at]thundr.com.

In-service purchases

From time to time, you may make a purchase of a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features including but not limited to credits redeemable on virtual items, such as our “Boost” functionality (“Enhancements”). Purchases are made using the Payment Method you provide through the Service. Enhancements represent a limited license right governed by these Terms, and, except as otherwise prohibited by applicable law, no title or ownership in or to Enhancements is being transferred or assigned to you. This Section should not be construed as a sale of any rights in Enhancements. Any Enhancements balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Enhancements do not incur fees for non-use; however, the license granted to you will terminate in accordance with the terms of these Terms, on the earlier of when we cease providing our Service.

If you make a purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize the Company, using its third-party payment processors, to charge the payment method you provide (your “Payment Method”). We may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, you will remain responsible for the payment amounts.

ALL PURCHASES AND REDEMPTIONS OF ENHANCEMENTS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ENHANCEMENTS.

Intellectual property rights

The Service and its entire contents, features, and functionality including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, “Content”) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our name and trade name, the Thundr logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans displayed on the Service are the trademarks of their respective owners.

Indemnification

You agree to indemnify, defend and hold harmless the Company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, successors, and assigns, collectively, from and against any and all claims, liabilities, damages, judgments, awards, fines, penalties, losses, costs, expenses, or fees (including, without limitation, reasonable attorneys’ fees, court costs, and investigatory expenses) arising out of or relating to:
* Access to or Use of the Service: Any access to or use of the Service by you, including but not limited to any data or content transmitted, submitted, or received by you.
* User Interactions: Any User Interactions, including without limitation any breach of intellectual property rights, privacy rights, or other proprietary rights of any third-party.
* Breach of Terms: Any breach or alleged breach by you of these Terms or any documents they incorporate by reference.
* Violation of Law or Rights: Any violation or alleged violation by you of any applicable law, regulation, or the rights of a third-party in connection with your use of the Service.
* Interactions with Other Users: Any disputes or issues arising from your interactions or engagements with other users of the Service, both on and off the platform.
* Third-Party Services: Any claims arising from your use of third-party services or products that are accessed or used in connection with the Service.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company. You agree to cooperate with the Company’s defense of these claims. You agree not to settle any matter without the prior written consent of the Company. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.

Disclaimer of warranties

You understand that we cannot and do not guarantee or warrant that the Service will be free of viruses, bugs or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your specific requirements for anti-virus protection and accuracy of data input and output, and for maintaining an external means to our Service for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY: (I) A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE; OR (II) ANY USER’S USER INTERACTIONS.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, COURSE OF DEALING, USAGE OF TRADE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER THE COMPANY OR ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND THEIR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF: (I) THE AMOUNT YOU HAVE ACTUALLY PAID DIRECTLY TO THE COMPANY IN THE LAST SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS FIRST GIVING RISE TO A CLAIM; OR (II) ONE HUNDRED DOLLARS ($100US) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on time to file claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Reliance on information

Any third-party information and User Interactions on the Service are provided solely by between users or received from other third-parties, and the Company does not provide any independent information and only facilitates the platform that provides the exchange of such information between the users. We rely on third-party data, which may be inaccurate, outdated, or flawed. The information presented on or through the Service is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE SERVICE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Service may contain links to third-party products, services, and websites, such as our payment processor when you elect to make a purchase on the Service. We exercise no control over these products, services, and websites, and we are not responsible for their performance, and are not responsible or liable for any content, advertising, or other services or materials available on such websites, including their privacy policies and terms and conditions. You should carefully review the applicable terms and conditions and privacy policies. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through such third-party products, services, and websites.

Feedback

If you send or transmit any communications or materials to the Company by mail, email, telephone, social media such as discord or reddit, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or functionality relating to the Service, or any comments, questions, suggestions, or the like (“Feedback”), the Company is free to use such Feedback without any other action, condition for payment or otherwise, or limitation between the parties governing such Feedback.

Governing law

All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Except as otherwise required by Section 17 below, any legal suit, action, or proceeding arising out of, or related to these Terms or the Service will be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona applying Arizona law, in each case located in the City of Phoenix and County of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Class action waiver; arbitration; jury trial waiver

A. Class action waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

B. Arbitration agreement

To the maximum extent permitted under applicable law, you and the Company each agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be resolved solely by final and binding, individual arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law located in Phoenix, AZ. Notwithstanding the forgoing, (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section above. This Section does not preclude either party from bringing a claim in court that may not be subject to arbitration under applicable law.

C. Jury trial waiver

IN THE EVENT THAT ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREUNDER PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, BOTH PARTIES KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, OR COUNTERCLAIM. THIS WAIVER APPLIES TO ALL MATTERS, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND ENCOMPASSES ALL CLAIMS AND DISPUTES BETWEEN THE PARTIES.

Digital Millenium Copyright Act (“DMCA”) notice

In the event materials are made available through the Service by third-parties not within our control, the Company is under no obligation to, and does not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by it to infringe another party’s copyright to remain displayed or available on the Service. If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains the following:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To notify us of an infringement please contact us at: support[at]thundr.com with subject “DMCA Agent”.

It is our policy to terminate relationships regarding content with third-parties who repeatedly infringe the copyrights of others.

Changes

THESE TERMS OF SERVICE MAY BE MODIFIED OR AMENDED BY THE COMPANY IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME. Changes will be effective immediately when posted. Continued use of the Service is deemed your consent to and acceptance of these Terms as revised. If you do not agree to any change(s) your sole remedy is to stop using and accessing the Service.

The Company may make modifications to the Service or specific components of the Service without notice. The Company reserves the right to discontinue offering the Service in its sole discretion without any liability.

We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any material on the Service may be out of date at any given time, and we are under no obligation to update such material.

General provisions

A. Waiver and severability

No waiver by the Company of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

B. Entire agreement

The Terms, including our Community Guidelines and Privacy Policy, constitute the sole and entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

C. Notice and electronic communications

Any communication between you and the Company under or in connection with the Service may be made by electronic mail or other electronic means. You consent to receive communications from the Company electronically, and agree that all terms, conditions, or otherwise, provided to you electronically satisfy any legal requirement that would be satisfied if they were in writing.

D. Force majeure

In no event will we be liable or responsible to you or be deemed to have defaulted in any of our obligations under these Terms for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control.

Comments and concerns

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: support[at]thundr.com.