Thundo Terms of Service

Last Updated: December 18, 2024

These Terms of Service ("Agreement", "Terms of Service", "Terms") are a legally binding agreement between the user of the Services ("User", "you") and Thundo Ltd. with its principal place of business at 39/77, Moo 1, Rawai, Meuang Phuket, Phuket 83130 ("Thundo", "we" or "us"). By registering for the Service or by accessing or using the Services or Website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not use the Services. 

1. SERVICES

1.1 The "Services" ("Service") consist of a rich collection of online search engine optimization software‑as‑a‑service solutions located at https://thundo.com/ ("Website"), including but not limited to search engine optimization tools for research and analysis, automated tracking of search engine performance, analytics, SEO reports and application program interfaces ("API"). If you subscribe to the Thundo API ("Thundo API"), then the Services shall also refer to the Thundo API. You may access and use Thundo API solely for your internal business purposes in accordance with the terms of this Agreement.

1.2 We may modify the Services from time to time in our sole discretion. Any new features that augment or enhance the current Service shall be subject to this Agreement.

2. USE OF SERVICES

2.1 You can visit the Website as a non‑registered visitor; but to use the Services, you must register. As a Registrant, you will have access only to certain limited functionality within the Services that Thundo elects to make available on an unpaid trial or free basis. To access additional features and services, including the ability to use many of our tools ("Paid Services"), you must become a subscriber to the Service and provide billing details. Depending on the subscription plan you select, you will be entitled to different number of features and limits.

2.2 You may use the Services and the Website solely for your own internal business purposes in accordance with this Agreement and the limitations of the subscription plan you select when subscribing to the Services ("Subscription Plan"), which may be found at https://thundo.com/pricing/.

2.6 By using the Services, you authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy available at https://thundo.com/privacy-policy/, which forms an integral part of this Agreement. 

3. REGISTRATION AND ACCOUNT

3.1 To use Paid Services, you must create a user account ("User Account") by following the registration procedures and instructions on the Website and by email. You can register in the Service at no cost. Your account may be used only by one person — a account login shared by multiple people is not permitted. If Thundo detects repeated accesses to the same User Account from various locations, devices or IP addresses, Thundo may immediately suspend or terminate such User Account in its sole discretion. Except as permitted by Thundo, User Accounts are not transferable.

3.2  You are responsible for maintaining the security of your account, password and API key. Thundo cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3.3 You are solely responsible for maintaining accurate account information in the User Account, including a valid email address and billing information and updating such information as necessary. You are also responsible for obtaining, maintaining and supporting at your own expense all hardware, software and services necessary to access the Services, including, but not limited to, internet service providers and web browsers. 

3.4 Notices to you will be given to the email address associated with your account. You can change the email address in your account at any time. By registering an account at Thundo you agree to receive communications from us in an electronic form. These notifications may include system messages, Service updates, guides on using Thundo tools and promotional offers. 

4. FEES AND PAYMENT

4.1 Users of Paid Services will be charged the fees set in the relevant Subscription Plan (the "Fees"). At the end of the trial period for Paid Services, you will be automatically charged the Fees for the Paid Services you have selected in the Subscription Plan. You agree to pay the Fees monthly or annually in advance according to your Subscription Plan by credit card or another payment method selected on the Website. All Fees and any other dollar amounts or references to "$" in this Agreement, on the Website or in other documentation provided by Thundo are set in US dollars, and you are obligated to make all payments under this Agreement in US dollars. Thundo is not responsible for any currency exchanges if you pay in your local currency, and your bank or card issuer may charge you additional fees for transactions which are your sole responsibility.

If you pay for the Services by credit card, you authorize us to automatically update your credit card information to pay for the Services. If you fail to pay an invoice, we have the right to cancel your subscription and access to the Services, and any data associated with your subscription or the Services. You can access the details of your Subscription Plan, including any prepaid amounts, in your User Account. Any bank fees and charges shall be borne solely by you. All payment obligations are non‑cancellable and all Fees paid are non‑refundable.

4.2 All Fees are exclusive of taxes. You are responsible for all taxes and any other similar duties and charges of any kind imposed by any federal, state, or local governmental or regulatory authority.

4.3 If you are a subscriber of Paid Services, your initial subscription period will be specified in your Subscription Plan, and your subscription will automatically renew for the same period on the then‑current terms. You may prevent renewal of your subscription at any time in your account. Cancellations of subscriptions to Paid Services shall take effect at the end of your pre‑paid subscription period. Cancellation does not entitle you to a refund of any prepaid or unused Fees.

5. INTELLECTUAL PROPERTY OWNERSHIP

5.1 Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You agree that all rights and titles of the Website, Services, Thundo API, the technology underlying each of them, all modifications and any work product we create relating thereto, and all intellectual property rights in each of the foregoing, including, without limitation, patent, copyright, trademark, database rights and trade secrets (and any licenses in connection with any of them) throughout the world, whether or not registered or capable of registration, are and will remain the sole and exclusive property of Thundo. Except for access to the Services, no other rights are granted to you with respect to the Website or Services. By using Thundo, you acknowledge that all data obtained through the service remains the intellectual property of Thundo Ltd. and agree to attribute rank and Thundo in any publication or distribution of said data.

5.2 Thundo® and ThundoStorm® and all other Thundo marks (the “Thundo Marks”) are the trademarks or service marks of Thundo. All other marks and logos are property of their respective owners. You may not use the Thundo Marks, including in metatags or any “hidden text”, without our prior written permission. You may not use Thundo Marks in any manner that disparages Thundo or its products or services or portrays Thundo in a false, competitively adverse or poor light. You agree not to contest the ownership of the Thundo Marks or to register or attempt to register any confusingly similar mark in any jurisdiction for any reason.

5.3  You hereby grant to Thundo permission to use your name, logo and other proprietary marks for Thundo's promotional, informational and advertising purposes. You may revoke your consent by sending a request via email support@thundo.com.

5.4 You are under no obligation to give Thundo any suggestions, ideas, comments or other feedback related to the Website, the Services, or Thundo (“Feedback”). If you elect to provide any Feedback, you agree that all such Feedback is non‑confidential and that we own all rights to use and incorporate such Feedback into the Services, or any other product or service, without payment or attribution to you.

6. TERMINATION

6.1 Unless otherwise stated by Thundo in writing, this Agreement starts from the first day you visit the Website and remains in effect for as long as you access or use the Thundo Services or the Website.

6.2 You may delete your User Account at any time by sending a request to email support@thundo.com. We have the right to request some proof that your email has not been stolen and you are not deleting your account with malicious purposes. Such proof may include but is not limited to: invoices of the payments made on the Website, information that crearly indetifies that you had access to the User Account (approximate balace or projects examples). 

6.3 Either party may terminate this Agreement for cause, as to any or all Services:

6.3.1 Upon thirty (30) days notice to the other party of a material breach if such breach remains uncured at the expiration of such notice period;

6.3.2 Immediately, if the other party becomes the subject of a petition in bankruptcy, reorganization, liquidation, dissolution, or any other proceeding.

6.4 We may also terminate this Agreement for cause:

6.4.1 On thirty (30) days notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us or our customers;

6.4.2 Immediately without notice, if you breach any Sections of the Agreement. 

6.5 We reserve the right to monitor compliance with this Agreement. We may suspend any or all of the Services, immediately upon notice (which may be in electronic form) if we determine that your use of the Services violates any applicable law, the terms of this Agreement or the rights of any third party.

6.6 You acknowledge and agree that Thundo may erase all User data stored on Thundo servers following expiration or termination of the Agreement or deletion of your User account, and that Thundo may retain copies of such data for archival purposes or as created by automatic backup and archived as part of normal computerized archiving systems, maintaining necessary technical and organizational measures.

7. LIMITATION OF WARRANTY AND LIABILITY

7.1 The Services and the Website are provided "as‑is" and "as available" and we expressly disclaim any warranties and conditions of any kind, unless specifically identified by Thundo in writing, including the warranties that the Website will meet your requirements and purposes; uptime of the Servicesor availability in all locations.

7.2 The information and results provided by the Services are for general informational purposes only.  You are responsible for assuring that the results of the Services are applicable or appropriate to any particular situation and jurisdiction.

7.3 In no event will Thundo be liable under or in connection with this agreement including but not limited to: breach of contract, tort, negligence, fraud, or strict liability, and otherwise, for any incidental, punitive and other damages; loss of goodwill or reputation; increased costs or value diminution of business or profits; loss or interruption of any data regardless of whether such losses or damages were reasonably foreseeable.

Our maximum aggregate liability to you for any damages arising from or related to this Agreement is limited to one hundred dollars (US $100) or the amounts you have paid to us under this Agreement within the prior three (3) month. You understand and agree that if you do not agree to this limitation of liability, we would not provide the Services to you. Any cause of action you may have hereunder or with respect to your use of the Website or our Services must be commenced within one (1) year after the claim or cause of action first arises. 

7.4 We shall not be liable for failure or delay of performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, third party services,  governmental action, war, acts of terrorism, earthquake, fire, flood and other nature disasters, labor conditions, power failures, and Internet disturbances.

8. MISCELLANEOUS

8.1 We may change the Terms of this agreement by posting the updated agreement on the Website at https://thundo.com/terms-of-service/. You should look at the Terms regularly. The revised Terms and conditions will become effective immediately after we post the updated text on the Website. If you use the services after such date, such use will constitute acceptance of the revised terms and conditions. If any change to this Agreement or th Service is not acceptable to you, you may stop using the Services and send a termination request by email support@thundo.com.

8.2 You agree that this Agreement is written in the English and that English is the language that governs this Agreement and shall prevail over any translations that are made of this Agreement.