Terms of Service Agreement

( Last Updated: 11th February, 2024 )

This Terms of Service Agreement ("Agreement") is a legal contract between you as an individual or business organisation ("you" or "Licensee") and Thunder Client ("Licensor") for the Thunder Client software and subscription (all editions), including any associated media, printed materials and electronic documentation (the "Software"). By copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this Agreement and you warrant and represent that you are authorised to enter into this Agreement on behalf of yourself or your business organisation.

You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

If you do not wish to be bound by the terms of this Agreement, you may not download, install, access or use the Software or Services.

Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

Your Agreement is with Thunder Client Limited, Ireland.

We refer to Thunder Client Limited as "us" or "we" throughout these Terms.

Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

When you create a Thunder Client account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.

You may not use the Services or Software for any illegal activities. You must not, in your use of the Services or Software, violate any laws in your jurisdiction (including but not limited to copyright laws). Should you engage in any illegal activities through the Services, you agree to hold Thunder Client blameless and not liable for any damages or crimes that may occur as a result. Without limiting its remedies, Thunder Client may also immediately cancel your account and delete all data in it.

Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

  • We don’t have any control over third-party websites.
  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
  • Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

Subscription

Subscription is required to use the extension software and sharing features by teams

Billing: By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly or annually) you select, on a pre-pay basis until you cancel, which you can do at any time.

Taxes: To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.

Payment: If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.

Automatic Renewal: To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a Thunder Client plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed.

To review renewal dates and manage subscriptions for Paid Services, please view the Thunder Client admin website.

You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services renew.

Cancelling Automatic Renewal: You can manage and cancel your Paid Services at the respective Service’s website. For example, you can manage all of your Thunder Client plans through our website.

Fees and Changes: We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

Refunds: All fees are payable in advance and are non-refundable. Subscription changes are prorated..

Thunder Client CLI

  • A subscription is required to use the Thunder Client CLI locally and on CI & CD build servers. Please see our website for plans and payment terms.
  • There is no analytics tracking used in the Thunder Client CLI. So when you run CLI in the CI and CD build pipelines, there is zero tracking and no data is shared with us.
  • When CLI is used locally along the extension, basic anonymized analytics data is collected in the extension, which can be turned off as mentioned here.

Free Plan

  • The free version software has limited features suitable for individuals to use for personal or business purposes.
  • The free version software is solely for individual use and can be used by any company of any size.
  • No CLI: The free version software users are not allowed to use Thunder Client CLI.
  • No Sharing: The user is not allowed to share collections and environments created using the free version with other team members. The user is also not allowed to import collections and environments shared by other team members.
  • Exception 1: If your company's revenue or funding is less than 1 million dollars, then you can share or import collections and environments with other team members.
  • Exception 2: If you are developing open source software, then you can share or import collections and environments related to the open source software.

Starter Plan

  • The Starter Plan offers an affordable solution for companies to access Thunder Client's premium features, with the option to purchase up to 10 seats per company.
  • If you need to add more than 10 seats then you either upgrade to a Business plan or purchase a Business plan with a separate account.

Business Plan

  • Payment by Invoice: A minimum purchase of 10 seats is required to qualify for payment by invoice.

Enterprise Plan

  • Priority Support: A minimum purchase of 10 seats is required to qualify for priority support.
  • Payment by Invoice: A minimum purchase of 5 seats is required to qualify for payment by invoice.
  • Support Hours: Our support hours are 9 a.m. to 5:30 p.m. (Ireland time) on working days. We may be able to provide support outside of these hours, depending on the priority of the issue and our availability.

Copyright Infringement

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.

Intellectual Property

The Agreement doesn’t transfer any of our or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Thunder Client and you) solely with Thunder Client. Trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of us or other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Thunder Client or third-party trademarks.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

Disclaimers

Our Services are provided “as is.” We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we, nor our suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Modifications to the Services and Prices

Thunder Client reserves the right to change the prices of any plans and all Services or Software at any time.

Thunder Client will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services or Software.

Thunder Client reserves the right at any time, with or without notice, to modify or discontinue the Services or Software, temporarily or permanently.

Jurisdiction and Applicable Law

This Agreement will be governed by the laws of Ireland and you submit to the exclusive jurisdiction of the courts of Ireland. This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods.

Limitation of Liability

In no event will Thunder Client, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $100 or the fees paid by you to Thunder Client under the Agreement during the three (3) month period prior to the cause of action, whichever is greater. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Thunder Client, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement.

Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between us and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. We may assign our rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Contact Us

If you have any questions please contact us.