Terms of Service

Introduction

We appreciate your interest in using our product, Thunder, available at thunder.so (hereinafter referred to as the “Product” or “Service”) which is a property of CloudBits, Inc. (referred to as “Company”, “CloudBits,” “we,” “us,” or “our”), an entity incorporated and subject to the laws of Delaware, United States.

By accessing or using our Product, you (hereinafter referred to as “User”, “Client”, “Customer”, “you”, or “your”) are agreeing to adhere to the following Terms of Service. We highly recommend that you read these terms carefully to ensure that you understand each provision. These Terms constitute a legally binding agreement between you and CloudBits, and by using the Service, you are indicating your acceptance of these terms.

CloudBits reserves the right to modify these Terms of Service at any time. We will post any changes on our website and will indicate the date of the latest revision. By continuing to use Thunder after changes have been made, you are accepting the revised Terms of Service. It is your responsibility to check for updates regularly.

CloudBits is dedicated to providing a robust cloud-based solution through Thunder, but we are not responsible for any third-party or equipment required to access our Product. Any fees incurred from third-party are the sole responsibility of the user.

Services also include website (thunder.so), community channels, documentation, tutorials and / or instruction materials, newsletter.

CloudBits has the right to change its Services anytime in any way. Unless explicitly stated otherwise, you agree to any future changes, updates, new features and alike being subject to these Terms.

Description of Services

We provide Services relating to the management of applications, code, data and related material (all of which together will be referred to as “Applications”) in the cloud. An outline description of the purposes for which our Services may be used is set out below. We may agree to provide some or all of these Services to you, as appropriate.

You provide us with access to the code repository in relation to each relevant Application. Our Services may be used to analyse it and to recommend appropriate ways to deploy the Application.

Our Services may be used to deploy your Application to the cloud. You choose your cloud service provider (which may be third party), who provides the server, network, storage capacity and related facilities to which the Application is deployed (the “Deployment”).

Our Services may be used to monitor activities, the use of CPU, memory, storage and network on each relevant server or load balancer within your Deployment and alert you when relevant events occur.

CloudBits has the right to change its Services anytime in any way. Unless explicitly stated otherwise, you agree to any future changes, updates, new features and alike being subject to these Terms.

CloudBits also bears no responsibility for any third-party fees, which may arise while using our Service.

We are not responsible for any aspect of the provision of the Deployment concerned or for anything done (or not done) by you or by the third party service provider concerned.

Terms of Acceptable Use

By using Thunder, you agree to abide by the following Acceptable Use Policy. This policy outlines what you should not do while using our Services.

By posting or publishing your content, code or comments or transmitting your data (“Content”) through our Services, you give us permission to display and distribute your Content in order to provide the features, functionality and services of the Service.

By posting and publishing your Content, you represent and warrant that your Content does not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

You shall not:

• Upload or use the Services in relation to any Content that is not your own or that you are not lawfully entitled to use.

• Use the Services to provision, deploy, or manage any Content that is unlawful, obscene, pornographic, defamatory, or otherwise prohibited (including stolen copyrighted material).

• Use the Services solely as a remote storage server

• Sell, resell, sublicense, transfer, or distribute any part of the Services.

• Send unsolicited messages or use the Services to send unsolicited messages (also known as junk mail or spam).

• Attempt to undermine the security or integrity of CloudBits’ computing systems or networks, or gain unauthorized access.

You must not access or use the Services for:

• In a manner intended to avoid incurring Fees (including creating multiple Accounts, to simulate or act as a single Account) or to circumvent usage limits or quotas;

• To engage in cryptocurrency mining;

• For materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State;

• In a manner that breaches, or causes the breach of, Export Control Laws; or

• To transmit, store, or process health information subject to United States HIPAA regulations except as permitted by an executed HIPAA BAA.

You are responsible for ensuring that you and anyone with access to your account:

• Do not reverse engineer, create derivative works from, or commercially exploit the Services.

• Do not interfere with or disrupt the Services, or create an undue burden on the Service or connected networks.

• Do not introduce software or automated agents or scripts to produce multiple accounts or to strip or mine data from the Service.

• Do not perform any unauthorized benchmark tests or analyses relating to our Services.

• Do not impersonate others or misrepresent authorization to act on behalf of others or CloudBits.

By using our Services, you confirm that you are of legal age to form a binding contract and that you will provide true, accurate, and up-to-date information about yourself when required.

Violation of these terms may result in termination of your access to Thunder and removal of your account without notice. The final decision of whether an account is in violation of these policies is at our sole discretion.

Terms of Sale

A. Plans and Subscriptions

Our Product offers various subscription plans for certain Services (each purchase of any such plan, a “Subscription”). Our available Subscription plans are described on our website and mobile application, as applicable, at the time of purchase, and are subject to change at any time prior to purchase.

Automatic Renewal By purchasing a Subscription, you acknowledge that (A) Thunder (or our third-party payment processor) is authorized to charge you monthly for your chosen Subscription (plus applicable taxes and other charges) for as long as your Subscription continues, and (B) your Subscription is continuous and will automatically renew until you cancel or we suspend or terminate it.

B. Payment and Billing Information

By providing a payment method, you confirm that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for all purchases of Subscriptions or Services (including taxes and other charges). If payment authorization fails, we may cancel or suspend your Subscription and seek payment through alternative means. You agree to keep your payment information current.

C. Pricing and Availability

All prices are in U.S. dollars and are subject to change. We reserve the right to adjust Subscription and Service offerings and prices at our discretion. However, we will provide advance notice of changes to current Subscription charges. We cannot provide advance notice for changes in taxes.

D. Payment Terms

New users are offered a 30-day free trial period on paid Subscriptions. Service access will be suspended immediately after the trial period unless credit card details are provided for uninterrupted service.

Billing charges are monthly/annually in arrears, according to our pricing policy at www.thunder.so. After the free trial, your credit card will be charged for subscribed Services.

We may amend Service charges with at least 30 days’ notice before the billing cycle. Changes will be posted on our website and/or via email newsletter.

By using any of our paid Services, you agree to our billing rules and having automatically prolonged subscriptions and respective billing.

In case of monthly Subscriptions, your first payment will be billed automatically upon the moment of subscription. Further billing will occur on the 1st work day of each month.

In case of annual Subscriptions, the payment for the whole year will be billed automatically upon the moment of subscription. Subsequent years will be billed on the last work day day of the last month in your current subscription.

E. Cancellation Policy

You are allowed to cancel your Subscription at any given time in the Product interface, or by contacting us via email. By cancelling your subscription, the subscription will remain active until the end of the current pre-paid period. After that, the subscription expires automatically.

F. Refund Policy

For annual subscriptions, if you have not used the Service within 30 days of purchase, we will issue a full refund on request.

Note that we consider having a Deployment in your Account as active usage. We will evaluate every request on a case-by-case basis and decide on the eligibility of a refund solely at our discretion.

Intellectual Property

Our Product or Service includes all information, data, communications, software, photos, videos, graphics, music, sounds, and other material that can be viewed by users on our site. By accepting these Terms of Use, you acknowledge that all materials presented to you on our site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. This Product is the exclusive property of CloudBits and/or its affiliates.

A. Trademarks

The trademarks, service marks, logos, and graphics used on the Site are the proprietary trademarks or service marks of Thunder or its Affiliates. No provision in these Terms of Use grants you the right to use any trademark, service mark, logo, and/or the name of Thunder or its Affiliates without our prior written consent.

B. Intellectual Property of CloudBits

Using our Services does not grant you ownership rights over any aspect of our Services, including parts of our Services or any other intellectual property of Thunder or its affiliates. All rights to the Products, Services, and any related source code are owned exclusively by CloudBits.

C. User-Generated Intellectual Property

CloudBits claims no rights or ownership over the results produced from the use of our Services, such as applications provisioned, deployed, or managed using the Services. All intellectual property rights in and relating to any applications you create using the Services are owned by you or your licensors.

D. Open Source Software

Thunder may use Open Source Software as part of the Services provided to you. Such Open Source Software is subject to the terms and conditions of the specific license under which it is distributed and is provided on an “as is” basis as part of the Services.

E. User Responsibilities

You are responsible for ensuring that you own or have the necessary rights to use the intellectual property in any applications in relation to which Thunder’s Services are used. You must also ensure that your use of our Services does not infringe on the intellectual property rights of others.

F. Reserved Rights

CloudBits reserves the right to inspect and use your applications and its contents to the extent necessary to provide the Services, in accordance with these Terms and any other applicable terms.

By using our Services, you agree to respect the intellectual property rights of CloudBits and third parties. Any unauthorized use of content or violations of intellectual property laws may result in termination of your account and legal action.

Limitation of Liability

A. General Limitation

To the maximum extent permitted by law, in no event shall CloudBits, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Services.

B. Direct Damages

Under no circumstances will CloudBits be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services or your account or the information contained therein. Our maximum liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of fifty US dollars ($50) or the amount you have paid us in the twelve (12) months prior to the incident giving rise to the claim.

C. Data Loss

CloudBits will not be responsible for any loss, destruction, alteration, unauthorized disclosure, or corruption of your data, your Applications, or your Content caused by you or any third-party service provider you use to access the Services.

D. Disclaimer

The Services are provided “as is” and “as available” without any warranty of any kind. CloudBits does not warrant that the Services will meet your requirements or that their operation will be uninterrupted or error-free.

E. Indemnification

You agree to indemnify and hold harmless CloudBits, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Thunder.

By using the Services, you understand and agree that CloudBits will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

Miscellaneous

A. Modifications to Terms

CloudBits reserves the right to modify these Terms at any time. If we make changes to these Terms, we will notify you by updating the date of this document and/or providing notice through other means. Your continued use of the Services after such notification constitutes acceptance of the modified Terms.

B. Governing Law and Jurisdiction

These Terms and any disputes related to these Terms, the Services, or the Site will be governed by the laws of the state in which CloudBits’s principal place of business is located, without regard to its conflicts of laws rules. All claims arising out of or relating to these Terms, the Services, or the Site will be litigated exclusively in the courts of that state, and you and CloudBits consent to personal jurisdiction in those courts.

C. Entire Agreement

These Terms constitute the entire agreement between you and CloudBits with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

D. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder precludes any other or further exercise of any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

E. Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

F. Assignment

You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of CloudBits. CloudBits may assign its rights and obligations under these Terms in its sole discretion to any new provider of the Services.

G. Contact Information

If you have any questions about these Terms or the Services, please contact CloudBits at the email address provided on our website.

By using the Services, you agree to all of the provisions of these Terms. If you do not agree with these Terms, you should immediately discontinue your use of the Services.