Terms of Service – Thimblehub

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. (The Sites service is exempt from this MSA requirement, as described below.) Use of our Services is also subject to our Privacy Policy (see below), 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, and
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, as described on our website. Any promotional offers or trial programs for the Services will be governed by the specific terms of those offers (see Promotions section below). By using the Services, you represent that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization.

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, and you must ensure that such content complies with all applicable laws and does not violate any third-party rights. You agree not to use the Services for any unlawful, harmful, or unauthorized purposes. You must comply with all relevant laws and regulations in your use of the Services, including data privacy laws and intellectual property laws. If your use of a Service involves sensitive personal data (for example, Protected Health Information (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. Thimblehub is not responsible for your failure to comply with legal requirements in your use of the Services, and you agree to use the Services only in a lawful manner.

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. This policy ensures that both parties are in agreement on critical terms (such as handling of sensitive data) before service delivery. 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 as indicated at checkout. You authorize Thimblehub (or our third-party payment processor) to charge your provided payment method for all fees due.
Recurring Subscriptions: If you purchase a Service on a subscription basis, your subscription will 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: If you purchase a one-time Service (such as a Sites project), the fee is due as a one-time payment. We may require full payment upfront or a deposit as specified during checkout or in a separate 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, we encourage you to contact our customer support to seek resolution informally. Any disputes related to payments or refunds should be raised within 30 days of the charge or incident in question.

Please note that initiating a chargeback or payment dispute with your bank or credit card provider without first attempting to resolve the issue with us may be considered a breach of these Terms.

Cancellation Policy

Subscription Services: You may cancel a subscription Service 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 (Project Cancellation): If you wish to cancel a one-time Service before it 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

From time to time, Thimblehub may offer special promotions, coupon codes, discounts, free trials, or other limited-time 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, coupons, or offers.
Limited Time: Promotions are only valid during the specified promotional period. They cannot be applied retroactively.
No Cash Value: Promotional discounts have no cash value and are not redeemable for cash or credit.
Terms of Promotion: Some Promotions may have additional restrictions or requirements.
Auto-Renewal after Promo: If a Promotion involves an introductory rate, after the promotional period ends, the regular fees will apply going forward.
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. You are responsible for complying 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.

Thimblehub may suspend or terminate your access to the Services for violations of this Acceptable Use section.

Intellectual Property Rights

Our IP: All content and materials provided by Thimblehub as part of the Services are owned by Thimblehub or our licensors and are 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 us with any suggestions, ideas, 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.

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.