Terms of Service

Acceptance of Terms

By purchasing or using the software services on Thimblehub.com (“Thimblehub,” “we,” “us,” or “our”), you agree to these Terms of Service (“Terms”). These Terms govern your use of our website and services, including our Cart, Sites, and Portal products (collectively, the “Services”). If you do not agree, do not use or purchase our Services. Note that certain Services require you to sign our Master Services Agreement (“MSA”) after purchase. If you fail or refuse to sign the MSA when required, Thimblehub reserves the right to cancel your order and issue a full refund. Use of our Services is also subject to our Privacy Policy, which explains how we collect and use your personal information.

Description of Services

Thimblehub provides software services for businesses, including:

• Cart -- an e-commerce shopping cart solution
• Sites -- website development and hosting services
• Portal -- a secure data portal application (which may involve handling sensitive data)

These Services may be offered as one-time purchases or recurring subscription plans. By using the Services, you represent that you are at least 18 years old and have the legal authority to enter into these Terms.

Accounts and User Responsibilities

You may need to register an account to purchase or use certain Services. You agree to provide accurate, current, and complete information during registration and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You are solely responsible for any content or data you upload or transmit through the Services. If your use of a Service involves sensitive personal data (for example, PHI in the Portal service), you are responsible for using the Service in compliance with applicable privacy laws (such as HIPAA), and you must sign our MSA which includes the necessary data protection terms.

Master Services Agreement (MSA) Requirement

For certain Services (notably our Cart and Portal services), we require customers to execute our Master Services Agreement after purchase. The MSA outlines additional terms, including data security and compliance obligations, that govern the ongoing use of those Services. The MSA must be signed before we begin providing the Cart or Portal services; if it is not signed within the timeframe requested, we will cancel your purchase and provide a full refund.

Our Sites service (website design/hosting) does not require signing the MSA. For the Sites product, once you purchase the service, we will proceed with delivery under these Terms (and any applicable project contract) without an additional MSA.

Fees, Pricing, and Payment Terms

Pricing for our Services is displayed on our website or communicated to you through an order form at the time of purchase. All fees are stated in U.S. dollars, unless otherwise noted.

• Payment Methods: We accept approved payment methods such as credit/debit cards and other methods indicated at checkout.
• Recurring Subscriptions: Subscriptions automatically renew at the end of each billing cycle unless you cancel beforehand. We will notify you of any changes in subscription pricing or terms in advance.
• One-Time Purchases: Fees are due as a one-time payment, or as a deposit as specified during checkout or in a Statement of Work.

All charges are exclusive of taxes unless stated otherwise. You are responsible for any applicable taxes or duties, except for taxes on our income. Except as expressly provided in these Terms, all payments are non-refundable.

Refund and Dispute Policy

MSA-Contingent Refund: Thimblehub offers an unconditional refund of any fees paid if you do not sign the required MSA for the Cart or Portal services.

Aside from the above MSA-related scenario, all sales are otherwise final. For recurring subscription Services, fees that have been charged are generally non-refundable. One-time Service fees are also non-refundable once we have begun work on your project.

Dispute Resolution: If you have an issue with billing, service quality, or any other aspect of our Services, please contact customer support within 30 days of the charge or incident. Initiating a chargeback without first attempting to resolve the issue with us may be considered a breach of these Terms.

Cancellation Policy

Subscription Services: You may cancel at any time. Cancellation will take effect at the end of your current billing period unless you request an immediate termination. We do not typically provide prorated refunds for mid-period cancellations.

One-Time Services: If you wish to cancel before a project is completed, please notify us as soon as possible. If work has already begun, any refund or release from payment obligations will be determined by Thimblehub in its discretion.

Thimblehub may also cancel or suspend your access to Services if you violate these Terms or fail to pay fees owed.

Promotions and Offers

All Promotions are subject to the terms and conditions stated at the time of the offer, and to these general promotional terms:

• No Combination: Unless explicitly stated otherwise, promotional offers cannot be combined with any other discounts or offers.
• Limited Time: Promotions are only valid during the specified promotional period and cannot be applied retroactively.
• No Cash Value: Promotional discounts have no cash value and are not redeemable for cash or credit.
• Auto-Renewal after Promo: If a Promotion involves an introductory rate, the regular fees will apply after the promotional period ends.
• Right to Modify or Cancel: Thimblehub reserves the right to cancel or modify any Promotion at any time without prior notice.

Acceptable Use and Legal Compliance

• Lawful Use: You will use the Services only for lawful purposes and comply with all applicable laws, regulations, and industry standards.
• Prohibited Activities: You may not use the Services to engage in any activity that is illegal, harmful, or that infringes the rights of others.
• User Content and Data: You remain solely responsible for all content, data, and materials that you upload or input into our Services.
• Security: You must not attempt to circumvent any security measures of the Services.

Intellectual Property Rights

Our IP: All content and materials provided by Thimblehub are owned by Thimblehub or our licensors and protected by intellectual property laws. Thimblehub grants you a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes only.

Your IP: You retain ownership of all content, data, and intellectual property that you upload or submit to our Services. We do not claim ownership of your content. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process your content for the purposes of operating and improving the Services.

Feedback: If you provide suggestions or feedback about the Services, you agree that we may use and implement such feedback without restriction or compensation to you.

Disclaimer of Warranties

Thimblehub provides the Services “AS IS” and “AS AVAILABLE,” without any warranty of any kind unless expressly stated otherwise. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will meet your requirements, achieve any particular results, or operate uninterrupted or error-free.

Limitation of Liability

To the fullest extent permitted by law, Thimblehub and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or business opportunities.

Cap on Liability: Thimblehub's total cumulative liability shall not exceed the total amount you have paid to Thimblehub for the applicable Service in the three (3) months immediately preceding the claim, or $100, whichever is greater.

Indemnification

You agree to indemnify, defend, and hold harmless Thimblehub and its subsidiaries, affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) that arise out of or relate to: (a) your use of the Services, (b) your breach of these Terms or any other agreement with Thimblehub, or (c) your violation of any law or infringement of the rights of a third party.

Governing Law and Venue

These Terms shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located within the State of Delaware.

Dispute Resolution and Class Action Waiver

Informal Resolution: In the event of any controversy, the parties agree to first attempt to resolve the issue informally.

Arbitration (Optional): If we are unable to resolve a dispute informally, we may mutually agree to resolve the dispute by binding arbitration. Arbitration is not mandatory under these Terms unless separately agreed.

Class Action Waiver: You and Thimblehub agree to resolve disputes only on an individual basis. You hereby waive any right to participate in a class action lawsuit or class-wide arbitration against Thimblehub.

Exception - Small Claims: Either party may bring an individual claim in small claims court if the claim qualifies.

Changes to Terms

Thimblehub reserves the right to modify or update these Terms of Service at any time. If we make material changes, we will notify you by email or by posting a prominent notice on our website. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms.

Disclaimer of Medical and Regulatory Information

The information provided on the Thimblehub website, including blog posts, articles, guides, comparison pages, market analyses, and other written content ("Content"), is for general informational and educational purposes only.

• Not Medical Advice: No Content on this website constitutes medical advice, diagnosis, or treatment recommendation. Always seek the advice of a qualified healthcare provider.
• Not Legal or Regulatory Advice: No Content constitutes legal, regulatory, or compliance advice. Consult with qualified legal and compliance professionals before making any business or clinical decisions.
• No Guarantees on Content Accuracy: Thimblehub makes no representations or warranties about the completeness, accuracy, reliability, or availability of any Content.
• Third-Party References: References to third-party companies, products, or services do not constitute endorsement or affiliation.
• Use at Your Own Risk: Any reliance you place on the Content is strictly at your own risk.

Customer Service Contact Information

If you have any questions, concerns, or complaints about these Terms or about our Services, please contact our customer support:

Email: support@thimblehub.com

We will do our best to respond to all inquiries within 1-2 business days.