Terms of Service

ThumbCrowd Subscription Terms

These terms apply to all ThumbCrowd subscription plans, including Free, Sprout, Grow, Scale, and Enterprise.

By signing up for a ThumbCrowd subscription, you and any entity that you represent ("Customer") are unconditionally consenting to be bound by and are becoming a party to these ThumbCrowd Subscription Terms ("Agreement") as of the date of Customer's first use of the licensed materials (the "effective date"). Customer's continued use of the software or any licensed materials provided by ThumbCrowd shall also constitute assent to the terms of this agreement. If these terms are considered an offer, acceptance is expressly limited to these terms. If you are executing this agreement on behalf of an organization, you represent that you have authority to do so. Our Privacy Policy describes how we collect and use personal data.

1. License and Support

Subject to the terms and conditions of this Agreement, ThumbCrowd hereby grants to Customer and its Affiliates a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the ThumbCrowd platform at the subscription tier selected by Customer, solely for Customer's and its Affiliates' internal customer-support and business operations, and at the level of usage for which Customer has paid ThumbCrowd.

Subject to the terms hereof, ThumbCrowd will provide reasonable support to Customer for the Licensed Materials as set forth on the Features page, for the support plan selected and paid for by Customer. ThumbCrowd will use reasonable commercial efforts to respond to support questions by email or in-app chat.

2. Restrictions and Responsibilities

Except as expressly authorized, Customer will not, and will not permit any third party to: use the Licensed Materials for any purpose other than as specifically authorized; use the Licensed Materials or any other ThumbCrowd software for timesharing or service bureau purposes or for any purpose other than its and its Affiliates' own internal use; or use the Licensed Materials in any manner that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or libelous.

Customer will cooperate with ThumbCrowd in connection with the performance of this Agreement by making available such personnel and information as may be reasonably required. Customer will be responsible for maintaining the security of Customer's account, passwords, and files, and for all uses of Customer account with or without Customer's knowledge or consent.

3. Confidentiality

Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose information relating to the Disclosing Party's technology or business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Without limiting the foregoing, the Licensed Materials are ThumbCrowd Proprietary Information.

The Receiving Party agrees not to divulge to any third person any such Proprietary Information, to give access to such Proprietary Information solely to those employees with a need to have access thereto for purposes of this Agreement, and to take reasonable security precautions to protect against disclosure or unauthorized use of such Proprietary Information.

4. Intellectual Property Rights

Except as expressly set forth herein, ThumbCrowd alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Licensed Materials and any suggestions, ideas, enhancement requests, feedback, code, or other recommendations provided by Customer, its Affiliates or any third party relating to the Licensed Materials, which are hereby assigned to ThumbCrowd. This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the Licensed Materials, or any intellectual property rights.

Customer and its licensors shall have and retain all right, title and interest in and to all software, information, content and data provided by or on behalf of Customer or made available or otherwise distributed through use of the Licensed Materials ("Content") and the intellectual property rights with respect to that Content.

5. Payment of Fees

Customer will pay ThumbCrowd the then applicable fees described in the Order Form or pricing page for the Licensed Materials in accordance with the terms therein (the "Fees"). If Customer's use of the Licensed Materials exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees, Customer shall be billed for such usage and Customer agrees to pay the additional fees.

ThumbCrowd reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Customer. If Customer believes that ThumbCrowd has billed Customer incorrectly, Customer must contact ThumbCrowd no later than 60 days after the closing date on the first billing statement in which the error or problem appeared.

Our fees do not include any taxes, levies, duties or similar governmental assessments. You are solely responsible for paying all Taxes associated with your purchases hereunder.

Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the "Term"), unless either party requests termination with at least thirty (30) days notice.

6. Termination

This Agreement shall continue until terminated in accordance with this Section. Either party may terminate this Agreement upon 30 days' written notice to the other party in the event that Customer has no then-current subscription with respect to the Licensed Materials.

Customer may terminate this Agreement at any time upon written notice to ThumbCrowd. Either party may terminate this Agreement immediately upon 30 days' written notice to the other party in the event of any material breach of this Agreement by such party where such material breach is not cured during such notice period.

Customer's rights to the Licensed Materials, and any licenses granted hereunder, shall terminate upon any termination of this Agreement. In the event that Customer terminates this Agreement due to ThumbCrowd's material breach, ThumbCrowd will refund to Customer a pro-rated portion of pre-paid Fees for Services not actually received by Customer as of the date of such termination.

7. Warranty

ThumbCrowd represents and warrants that (i) it has all rights and licenses necessary for it to perform its obligations hereunder, and (ii) it will not knowingly include, in any ThumbCrowd software released to the public and provided to Customer hereunder, any computer code or other computer instructions that are intentionally designed to disrupt, disable, harm, infect, defraud, damage, or otherwise impede in any manner, the operation of a network, computer program or computer system or any component thereof.

8. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED HEREIN, THE LICENSED MATERIALS, SOFTWARE AND THUMBCROWD PROPRIETARY INFORMATION AND ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES OF ANY KIND. THUMBCROWD AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9. Limitation of Liability

IN NO EVENT WILL EITHER PARTY OR THEIR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE LICENSED MATERIALS OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THE TOTAL LIABILITY OF EACH PARTY AND ITS LICENSORS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (i) ONE THOUSAND DOLLARS ($1,000), OR (ii) THE FEES PAID TO THUMBCROWD HEREUNDER IN ONE YEAR PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED.

10. Data Privacy

Customer shall ensure that any and all information or data, including without limitation, personal data, used by Customer in connection with the Agreement ("Customer Data") is collected, processed, transferred and used in full compliance with Applicable Data Protection Laws and that it has obtained all necessary authorizations and consents from any data subjects to process Customer Data. Customer shall adopt and maintain appropriate organizational, technical and security measures prior to any such collection, processing or transfer in order to protect against unauthorized access to or use of Customer Data.

Customer shall immediately inform ThumbCrowd upon becoming aware of any breach within the meaning of Applicable Data Protection Law relating to Customer Data and cooperate with ThumbCrowd in any investigation thereof. If required by Applicable Data Protection Laws, the parties will enter into standard contractual clauses under GDPR for the transfer of any Customer Data outside of the European Union.

We may enter into a GDPR Data Processing Agreement with certain enterprise clients, depending on the nature of your subscription, how data is being processed, and where it is stored. Please reach out to support@thumb-crowd.com for more details. Our Privacy Policy explains how ThumbCrowd processes personal data, including data received through Meta Platforms.

11. Meta Platform and Messaging Integrations

ThumbCrowd enables Customer to connect Meta Platforms, including WhatsApp Business Platform, Facebook Messenger, and Instagram Messaging. By enabling these integrations, Customer agrees to comply with all applicable Meta terms and policies, including the Meta Platform Terms, Meta Developer Policies, WhatsApp Business Messaging Policy, and any other Meta rules governing messaging, templates, calling, commerce, or automation features.

Customer is solely responsible for:

• Obtaining legally sufficient consent, permission, or opt-in before contacting people through Meta Platforms, including WhatsApp, Messenger, or Instagram Direct
• Providing a clear and ongoing opt-out mechanism where required by applicable law or Meta policy
• Ensuring message content, frequency, and category (for example, marketing, utility, or authentication) comply with Meta and WhatsApp rules
• Maintaining accurate privacy disclosures to end users that explain what data is collected, why it is collected, and how users may request deletion, consistent with Meta's requirements
• Responding to end-user data access, correction, and deletion requests relating to Customer Data

Customer must not use ThumbCrowd or connected Meta channels to send spam, unsolicited promotional messages outside permitted categories, prohibited content, or messages that violate Meta quality, template, or commerce policies. ThumbCrowd may suspend or disable integrations if we reasonably believe Customer's use violates Meta requirements or creates risk to the platform, other customers, or end users.

ThumbCrowd acts as a service provider to Customer for end-customer data received through connected Meta channels. Meta remains an independent platform provider, and Customer acknowledges that Meta may change its APIs, policies, or availability at any time.

12. Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by either party without the other party's prior written consent, not to be unreasonably withheld or delayed; provided that either party may transfer and/or assign this Agreement to a successor in the event of a sale of all or substantially all of its business or assets to which this Agreement relates.

Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All notices under this Agreement will be in writing.

For questions about these Terms of Service, contact us at support@thumb-crowd.com.

Last updated: June 29, 2025