Terms & Conditions
Bottom line up front:
Your data is yours. Thunk does not sell the content of your notes to others. We will never read or access your private notes without written or verbal consent.
Please read these Personal Use Terms of Service ("Terms" or "Terms of Service") carefully before using the www.thunknotes.com website, the Thunk desktop application and the Thunk mobile application (together, or individually, the "Service") operated by Thunk Software, LLC. ("Thunk", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as the user of the Service.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.
(all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.
1. User Content
Our Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Thunk and its licensors exclusively own all right, title and interest in and to the Service and Content (excluding User Content), including all associated intellectual property rights. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.
Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to Thunk a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and Content to you and, depending on the permission you grant, to other users. Subject to the foregoing license, as between Thunk and you, you retain any and all of your rights to your User Content.
Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Thunk on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Sharing User Content: You may designate your User Content as “public” (such as posting User Content to a Space) or “private”. You agree that User Content you designate as public will be accessible by and be available to other users of the Service to whom you grant access to such publicly designated User Content. Consequently, you understand and agree that such users will have the right to view, comment on your publicly designated User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the right to use, publish, display, modify, or duplicate such User Content. You grant Thunk all rights necessary to make any of your publicly designated User Content available to other users of the Service and to permit those users to engage in the activities described in this Section with respect to your publicly designated User Content.
Removal of User Content: You can remove your User Content by specifically deleting it.
Content submitted, posted or modified by users in the Service is organized into separated sections we refer to as “Spaces.”
There are two general types of Spaces on the Service:
•“Personal Spaces” that can only be accessed by the user that created the Space.
•“Shared Spaces” that can be accessed by multiple users that form the members of the Space. Further details on Shared Spaces are outlined below.
In the Service, you can work across multiple Spaces at once, meaning your single account can access your own Personal Space(s), and different Shared Space(s). Spaces are completely separate, and you won’t be able to link any Content between them (although you can transfer copies of Content from one Space to another). You can also export your User Content from your Spaces for use outside of the Service using our export features.
Some parts of the Service are made available on a paid subscription basis ("Subscription(s)"). You will be billed in advanced on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly or yearly basis.
Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel it or Thunk cancels it.
Billing: All billing is handled by the Apple App Store and is governed by the Apple App Store’s own terms and conditions.
Subscription cancellation: You may cancel Your Subscription renewal in the Apple App Store at any time. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Pro features of the Service until the end of Your current Subscription period.
4. Free Trial
Thunk may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial by following the cancellation procedures outlined in the Subscription section of these Terms. If you do not cancel your Free Trial, then your Free Trial will be converted to a paid Subscription at the end of the trial period, and you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. You may then however, cancel your Subscription in accordance with the Subscription section of these Terms.
At any time and without notice, Thunk reserves the right to (a) modify the terms and conditions of any Free Trial offer, (b) cancel any Free Trial offer, or (c) cancel any Free Trial subscription at any time.
5. Fees and Fee Changes
Thunk, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Thunk will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Subscriptions made through an In-app purchase, the Apple App Store’s refund policy will apply. If you wish to request a refund, you may do so by contacting the Apple App Store directly.
7. In-app Purchases
Thunk includes In-app Purchases that allow you to buy monthly or yearly Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Apple App Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase does not work once it has been successfully purchased, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will contact the Apple App Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Apple App Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Apple App Store from where you downloaded the Application and are governed by that Apple App Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Apple App Store directly.
8. Communications from Thunk
By creating an account on our Service, you agree to subscribe to newsletters and onboarding emails we may send. However, you may opt out of receiving these communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving other communications.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13.
10. Copyright Policy
Thunk respects the intellectual property rights of others and expects our users to do the same.
If you believe your copyrighted work has been used in a way that constitutes an infringement of your rights, please notify Thunk by sending an email to firstname.lastname@example.org. We will respond and/or take action on all complete and qualified notices in a timely manner, and we reserve the right to communicate with you via email or other means.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please send the following information to us to email@example.com:
• identification of the allegedly infringing material on the Service, including URL or other specific location on the Service where the material that you claim is infringing is located;
• a description of the copyrighted work that you claim has been infringed;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
• provide your mailing address, telephone number and e-mail address. If you are submitting a notice on behalf of an entity, provide the entity’s name along with your job title, job position, or role with the entity;
• provide the full legal name and electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Such notices of copyright infringement should be sent via email to firstname.lastname@example.org.
11. Restrictions on Your Use of the Service
You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:
•post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
•duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
•access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's access to or use of the Service or use any device, software or routine that causes the same;
•attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
•circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
•use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
•introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
•use the Service for illegal, harassing, unethical, or disruptive purposes;
•violate any applicable law or regulation in connection with your access to or use of the Service; or
•access or use the Service in any way not expressly permitted by these Terms.
12. Intellectual Property
The Service and its Content (excluding User Content), features and functionality are and will remain the exclusive property of Thunk. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Thunk.
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Thunk through the “Send Feedback,” email or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Thunk is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Thunk shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Thunk may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Thunk without any obligation of Thunk to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Thunk under any circumstances.
14. Links to Other Websites or Services
Our Service may contain links to third party web sites or services that are not owned or controlled by Thunk. Our Service may also allow you to import or interface with third party applications or services.
Thunk may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
Thunk may act to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for Thunk suspending or closing your account may include, without limitation: (i) breach or violation of these Terms or any Separate Agreement, (ii) the discontinuance or material modification of the Service (or any part thereof) or (iii) unexpected technical or security issues or problems or extensive Unsupported Use.In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
You agree to defend, indemnify and hold harmless Thunk and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.
17. Limitations of Liability and Disclaimer of Warranties
To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
•YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK.
•THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THUNK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
•THUNK DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
•ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
•NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THUNK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THUNK, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF THUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) THUNK’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) YOUR PURCHASE OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. Governing Law
Irrespective of the country from which you access or use Services or Platforms, to the extent permitted by law these Terms and your use shall be governed in accordance with the laws of Massachusetts, United States, and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of Massachusetts, United States to resolve any disputes which may arise hereunder.
Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.
These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time.
If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms.
22. Entire Agreement
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the Services.
You may contact us via email at email@example.com.
Updated: October 19th, 2021