Terms of Service

Effective Date: December 19, 2024
Last Updated: December 19, 2024

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and WhichThumb ("Company," "we," "us," or "our") concerning your access to and use of the WhichThumb.com website and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you represent and warrant that you meet the eligibility requirements.

Account Registration

Creating an Account

To access certain features of the Service, you must register for an account. When you register, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept all responsibility for activity that occurs under your account
  • Notify us immediately of any unauthorized use of your account

Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including if you violate these Terms. You may also delete your account at any time through your account settings or by contacting us.

Acceptable Use

Permitted Use

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 law or regulation
  • To transmit any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
  • To impersonate any person or entity or falsely state or misrepresent your affiliation
  • To interfere with or disrupt the Service or servers or networks connected to the Service
  • To attempt to gain unauthorized access to any portion of the Service
  • To engage in any automated use of the system, such as scraping or using bots
  • To manipulate poll results through fraudulent voting or ballot stuffing
  • To upload content that infringes on intellectual property rights of others
  • To upload malicious code, viruses, or any harmful technology

Content Restrictions

You may not upload, post, or transmit content that:

  • Contains or promotes illegal activities
  • Infringes on copyrights, trademarks, or other intellectual property rights
  • Contains nudity, sexual content, or adult material
  • Promotes violence, discrimination, or hate speech
  • Contains personal information of others without consent
  • Is spam, advertising, or promotional content (unless authorized)

User Content

Ownership

You retain all ownership rights to content you submit to the Service ("User Content"), including thumbnails, titles, and poll data. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your User Content solely for the purpose of operating and providing the Service.

Content Responsibility

You are solely responsible for your User Content and the consequences of posting it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein.

Content Removal

We reserve the right to remove or disable access to any User Content at any time, without prior notice, if we believe it violates these Terms or is otherwise objectionable.

Public Polls

When you create a poll and share it publicly, you understand that:

  • Anyone with the poll link can view and vote on it
  • Poll results and thumbnails may be visible to voters
  • You control the privacy settings of your polls

Subscription Plans and Payments

Pricing

We offer various subscription plans with different features and pricing. Current pricing is available on our website and may be changed at our discretion with reasonable notice.

Payment Terms

  • All fees are in U.S. dollars unless otherwise stated
  • Subscription fees are billed in advance on a recurring basis (monthly or annually)
  • You authorize us to charge your payment method for all fees
  • All sales are final and non-refundable except as required by law or as stated in our refund policy

Free Trial

We may offer a free trial period. If you do not cancel before the trial period ends, you will be automatically charged for the subscription.

Cancellation

You may cancel your subscription at any time. Cancellation will be effective at the end of your current billing period. No refunds will be provided for partial months or years.

Changes to Pricing

We reserve the right to change our subscription fees. We will provide you with advance notice of any fee changes, and the changes will apply to your next billing cycle.

Intellectual Property Rights

Our Intellectual Property

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) are owned by WhichThumb, 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 laws.

Trademarks

The WhichThumb name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WhichThumb or its affiliates. You must not use such marks without our prior written permission.

Feedback

If you provide us with any feedback or suggestions regarding the Service, you grant us the right to use such feedback without any obligation to you.

AI-Generated Content

AI Services

The Service may use artificial intelligence to generate thumbnails and titles. You acknowledge that:

  • AI-generated content may not always be accurate or suitable for your purposes
  • You are responsible for reviewing and approving all AI-generated content before use
  • We do not guarantee the quality, originality, or copyright status of AI-generated content
  • You should verify that AI-generated content does not infringe on third-party rights

AI Content Usage

By using AI generation features, you agree that:

  • You will not use AI-generated content for illegal or harmful purposes
  • You will not attempt to create content that violates our acceptable use policy
  • We may use your interactions with AI features to improve our services

Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by WhichThumb. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING:

  • MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY OF DATA OR PREVENTION OF UNAUTHORIZED ACCESS

We do not warrant that the Service will meet your requirements or that results obtained from the Service will be accurate or reliable.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WHICHTHUMB, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
  • ANY CONTENT OBTAINED FROM THE SERVICE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless WhichThumb, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any third-party right, including intellectual property rights

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except as otherwise provided herein. The arbitration will be conducted in San Francisco, California.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Exceptions

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or infringement of intellectual property rights without first engaging in arbitration.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and WhichThumb regarding the Service and supersede all prior agreements.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without your consent.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

Contact Information

If you have any questions about these Terms, please contact us:

Email: legal@whichthumb.com
Address: WhichThumb, 123 Creator Avenue, Suite 400, San Francisco, CA 94102, United States
Phone: 1-800-XXX-XXXX