Terms of Service
Welcome to thumb.ly! These Terms of Service agreements govern the access and use of the Services provided by thumb.ly. By using our Services, you agree to adhere to these Terms. If you use our Services for an entity or organisation, you are legally binding that organisation to these Terms and you must demonstrate that you are authorized to do so.
We reserve the right to modify these Terms of Service at any time, and any changes will be effective immediately upon posting. If you continue to use the Services after any changes are made, you are agreeing to these Terms of Service as modified.
1. Acceptance of Terms
1.1. thumb.ly website https://thumb.ly/ (“Website”), a platform that allows you to generate personalised thumbnails saved in Google Sheets. Our goal is to help everyone who is looking for other software that you can use and in compliance with these Terms.
1.2. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access and/or use the Service.
1.3. Each subscription service and other related professional services shall provide the specification of the services, the platforms used, user limitations, the subscription term, and terms and conditions.
2. Accounts and Registration
2.1. You need to sign up for an account on thumb.ly using your Google account in order to use parts of the Services. thumb.ly was designed from the ground up to be a simple-to-use tool that delivers above and beyond our customers’ expectations. We are so confident in our software, and what it delivers that we offer you a 100% Money Back Guarantee on your first month’s subscription.
2.2. When you create an account with us, you must provide us with the information and data requested by thumb.ly that is accurate, complete, and current at all times. If your data changes after registration, you are obliged to correct the information in your account.
2.3. You are prohibited from using another person’s account or registration information for the Services without their permission. You are responsible for all activity that occurs on your account, and for keeping your password secure.
3. Data Protection
3.1 thumb.ly will only process and use Customer Data: (a) to provide, protect, and update the Services, (b) to enforce these Terms and exercise its rights hereunder, (c) as required by law, and (d) as otherwise instructed by Customer.
3.2. thumb.ly may collect and use Customer Data on an aggregated and/or anonymized basis for thumb.ly internal business purposes; provided that thumb.ly will not use or share this data in a way that identifies any individual or Customer as the source of the data.
4.1 Customer agrees to pay the Fees in accordance with the payment terms set forth on the Order. thumb.ly has a Free Plan for 5000 thumbnails (for 7 days), Starter Plan for $20 for 5000 thumbnails, and a $50 Pro Plan for a 25000 thumbnails subscription.
4.2. We do offer a money-back guarantee. If you are unhappy with thumb.ly in the first month of use, we will refund your price subscription.
5. Property Rights
5.1. The Company shall reserve the right to all title interest. No rights to any intellectual property are granted, explicitly or implicitly, other than those that are expressly stated. The Customer owns all intellectual property rights in Customer Data, while thumb.ly owns all intellectual property rights in the Services.
5.2. Customer hereby grants the Company a non-exclusive, transferable, sublicensable, worldwide, and royalty-free license to use and otherwise exploit (i) Customer Data to provide the Services to Customer hereunder and as necessary or useful to monitor and improve a Platform, Software, and Services, both during and after the Term, and (ii) Vendor Information for any lawful purpose. To avoid any doubt, the thumb.ly shall use, reproduce and disclose Platform, Software, and Services-related information, data, and material that is anonymized, de-identified, or otherwise rendered not reasonably associated or linked to Customer, all of which information, data, and material, will be owned by thumb.ly. It is Customer’s sole responsibility to back-up Customer Data during the Term, and Customer acknowledges that it will not have access to Customer Data through thumb.ly or any Platform following the expiration or termination of this Agreement.
5.3. The Company shall retain all the subscription services, including all documentation, modifications, improvements, upgrades, derivative works, and all other Intellectual Property rights in connection with the Service, including the Company’s name, logos, and trademarks reproduced through the Service. thumb.ly is free to use any Feedback Customers or Authorized Users provide without any obligation or restriction.
6.1 All confidential information that is communicated to and obtained by the Company from the Customer in connection with performing the above-mentioned services shall be held by the Company in full trust. At no time the Company shall use any confidential information obtained through conducting this service contract either directly or indirectly, for personal benefit, or disclose or communicate such information in any manner.
6.2. If the parties disclose Confidential Information to each other, the recipient will only use the disclosing party’s Confidential Information to exercise its rights and fulfill its obligations under these Terms. The recipient will use at least reasonable care to protect Confidential Information.
6.3. The recipient will not disclose Confidential Information to anyone except to its affiliates, employees, agents, or contractors who need to know it and who are bound by confidentiality obligations at least as protective of Confidential Information as those described in this section. The recipient will be responsible for those parties’ breaches of this section. A breach of this section may cause irreparable harm and entitle the disclosing party to injunctive relief.
6.4. The recipient may disclose Confidential Information to the extent required by law, provided that the recipient uses reasonable efforts to notify the disclosing party in advance and gives them an opportunity to contest the disclosure. Confidential Information disclosed pursuant to this section will otherwise still be subject to the confidentiality obligations described above.
7. Violation of Terms and Termination of Use
7.1. Your account and access to the Services may be terminated or suspended at any time, with or without notice. You may also delete your account and/or use of the Services at any time. This termination or suspension may result in the loss of information related to your account. Even after termination, certain provisions of these Terms remain in effect, such as ownership provisions, disclaimers, indemnity, limitations on liability, and dispute procedures.
7.2. Confidentiality obligations, limitations of liability, and disclaimers that are intended to survive termination will remain in effect following termination.
7.3. The Company may terminate this agreement with immediate effect by delivering notice of the termination to the Customer if the Customer fails to pay the invoice amount on time over any term.
8. Warranty Disclaimer
8.1. You acknowledge that we have no influence over the content you access with the Services and cannot guarantee any effects it may have on you or how you may interpret or use it. We make no promises about the accuracy, legality, or decency of the content available on the Services. The Services and content are provided without any warranties of any kind, either expressed or implied. We cannot guarantee that using the Services will be uninterrupted or error-free. All use of the Services is entirely at your own risk.
8.2. SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND OTHER SPECIFIC PURPOSES, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE USE OF THE SERVICES. YOU ASSUME ALL RESPONSIBILITY AND RISK WHEN USING THE SERVICES.
9.1. You agree to protect us, our affiliates, and each of our and their respective employees, contractors, directors, suppliers, and representatives from any legal liability arising from or relating to your use of, or access to, the Services, or violation of these Terms. You will also indemnify us in the event of any infringement of any intellectual property or other rights by you, or any third party using your account or identity in the Services. We reserve the right to take over the exclusive defense of any matter that is subject to indemnification by you, in which case you must assist us in asserting any available defenses.
9.2. Customer agrees to defend and indemnify thumb.ly against any third-party claim, action, demand, or proceeding resulting from Customer Data or a violation of these Terms by Customer or its Authorized Users, and will pay any attorney’s fees, damages, or other costs awarded or agreed in settlement by Customer.
9.3. If a claim for indemnification arises, the party seeking such indemnification will immediately inform the other party and cooperate with them in the defense of the said claim. The indemnifying party will be the one with full control and authority over the defense, except that: (a) if the settlement does not include a full release of the indemnified party from all legal responsibility or it imposes any admission, obligation, or restriction on the indemnified party, prior written consent must be acquired, which is not to be withheld or delayed unreasonably and (b) the indemnified party can join in the defense with their own lawyer at their own expense. This is the only remedy the Customer has in the case of infringement of third-party intellectual property rights.
10. Limitation of Liability
10.1. We and our content providers shall not be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Services for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory, or consequential damages of any kind whatsoever.
11.1. These Terms constitute the full and entire agreement between the parties in regard to access and use of the Services. Any amendments to this agreement must be in writing and signed by both parties. In the event of any conflict between the Terms and the Order, the Order will take precedence. No other terms from Customer documentation or online vendor portals will apply to thumb.ly provision of the Services unless expressly agreed to in writing by an authorized thumb.ly representative.
11.2. If a waiver of any default is given, this does not constitute a waiver of any subsequent default. If any provision of this agreement is found to be unenforceable, it will be modified to the extent necessary to make it enforceable, and the remaining provisions will remain in full effect.
11.3. These Terms may not be assigned without the other party’s prior written consent, except when thumb.ly assigns them to an affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets. Any other attempt to assign or transfer is invalid.
11.4. Our failure to enforce any part of these Terms, shall not be considered a waiver of our right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written confirmation of the waiver. You and we are independent contractors and no agency, partnership, or joint venture relationship has been established or is intended to be created by these Terms. The section and paragraph headings in these Terms are meant to provide convenience and shall not be used to interpret these Terms.