Terms of Service

1. Agreement and operator

These Terms of Service are a binding agreement between you and Be a Goose, LLC, the operator of Thumbform. They apply when you visit our website, create an account, use the Thumbform application, or purchase credits or a subscription. By using Thumbform, you agree to these terms and our Privacy Policy.

If you use Thumbform for a company or other organization, you confirm that you have authority to bind it. Contact support@thumbform.com with questions about these terms.

2. Eligibility and accounts

You must be at least 18 and legally able to enter a contract. You must provide accurate account information, keep your login secure, and promptly notify us of unauthorized use. You are responsible for activity under your account and may not sell, share, or transfer it without our permission.

3. The service

Thumbform provides thumbnail research, generation, editing, project storage, and export tools. Features, supported models, credit costs, and availability may change as the service develops. We may introduce, change, suspend, or discontinue a feature, and will give reasonable notice when a material change adversely affects a paid service.

Examples, templates, scores, suggestions, and generated results are provided to assist your creative process. You are responsible for deciding whether and how to use them.

4. Customer Content and output

You retain ownership of videos, images, prompts, instructions, and other material you submit to Thumbform, which we call Customer Content. You confirm that you have the rights and permissions needed to submit Customer Content and allow us to process it.

You grant us a limited, worldwide licence to host, copy, transmit, modify, and process Customer Content only as needed to provide, secure, maintain, and support Thumbform, comply with law, and follow your instructions. This licence ends when the content is deleted, except for limited backup, legal, and security retention.

As between you and Thumbform, you own generated output to the extent permitted by law. If we hold any rights in that output, we assign them to you. Output may be subject to third-party rights and may not qualify for intellectual-property protection in every country.

5. AI output and your responsibility

AI output can be inaccurate, incomplete, offensive, or unexpectedly similar to material created for someone else. We do not promise that output is unique, accurate, non-infringing, or suitable for publication.

You must review every output before using or publishing it. You are responsible for its text, claims, images, likenesses, disclosures, and compliance with law, platform rules, advertising standards, and third-party rights.

6. Acceptable use

• Do not use Thumbform to break the law, infringe intellectual-property, privacy, publicity, or other rights, or create unlawful, abusive, exploitative, or deceptive content.
• Do not impersonate another person, misrepresent authorization, or use a person's likeness without appropriate rights or permission.
• Do not interfere with, probe, scrape, reverse engineer, overload, or disrupt the service, or bypass security, access, billing, or usage controls.
• Do not use automated access except through interfaces that we expressly provide, or resell the service or its access without our written permission.
• Do not upload highly sensitive personal information unless a Thumbform feature expressly supports that use and provides appropriate instructions.

7. Credits, plans, and payment

Prices and credit costs are shown before purchase or generation. You authorize us and Stripe to charge the payment method you provide for purchases, recurring fees, and applicable taxes shown at checkout. Except where required by law or expressly stated at purchase, payments are non-refundable.

Monthly plan credits reset at the end of each billing period and do not roll over. Purchased credit packs have no scheduled expiry while your account remains in good standing. Credits have no cash value, cannot be transferred, and may not be resold. We may correct credit balances affected by error, fraud, refund, dispute, or chargeback.

If a technical failure consumes credits without delivering the requested service, contact support. We may restore the affected credits after confirming the failure.

8. Subscriptions and cancellation

A subscription renews automatically for the billing period shown at checkout until you cancel it. By subscribing, you authorize recurring charges at the stated price and frequency.

You can cancel through the billing portal in your account. Cancellation stops future renewals and normally takes effect at the end of the current paid period, so access continues until then. We will provide any renewal, price-change, or cancellation notice required by applicable law. Your statutory cancellation and refund rights remain unaffected.

9. Auto-refill

If you enable auto-refill, you authorize Thumbform and Stripe to purchase additional credits using your saved payment method when your balance is insufficient for a requested action, subject to the limits shown in your settings. You can disable or change auto-refill for future purchases at any time. A payment already being processed may still complete.

10. Third-party services

Thumbform relies on third-party providers and may let you connect third-party accounts. Their services and terms apply separately. We are not responsible for a third-party service outside our control, but we remain responsible for our obligations under these terms and applicable law.

11. Thumbform property and feedback

Thumbform, including its software, interface, brand, research, templates, and documentation, is owned by us or our licensors. These terms give you a limited, non-exclusive, non-transferable right to use the service for your own personal or business purposes while your account is active.

If you send feedback, you allow us to use it without restriction or compensation, but we will not identify you publicly as its source without permission.

12. Suspension and termination

You may stop using Thumbform at any time. We may restrict or suspend access when reasonably necessary to address security, fraud, non-payment, legal risk, prohibited use, or material breach of these terms. When practical, we will give notice and an opportunity to resolve the issue.

We may terminate an account for a serious or repeated breach, legal requirement, or discontinued service. On termination, your right to use Thumbform ends. Provisions that by their nature should survive will remain effective, including payment obligations, ownership, disclaimers, liability limits, and dispute terms.

13. Disclaimers

To the extent permitted by law, Thumbform is provided as available and without implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability. We do not guarantee audience performance, click-through rate, revenue, platform approval, or any other result from a thumbnail.

Nothing in these terms excludes a warranty or consumer right that cannot lawfully be excluded.

14. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, arising from Thumbform.

Our total liability arising from Thumbform will not exceed the greater of US$100 or the amount you paid us during the 12 months before the event giving rise to the claim. These limits do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, or liability that cannot legally be limited.

15. Indemnity

If you use Thumbform for business purposes, you will defend and indemnify us against third-party claims arising from your Customer Content, your published output, or your material breach of these terms, except to the extent caused by our breach, negligence, or wilful misconduct.

16. Governing law and disputes

These terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute must be brought in the state or federal courts located in San Francisco County, California, and each party consents to their jurisdiction and venue.

If you are a consumer, mandatory protections and courts available under the law where you live remain available to you. Before filing a claim, please contact us so we can try to resolve it.

17. Changes to these terms

We may update these terms as Thumbform changes. We will post the updated terms with a new effective date and give reasonable advance notice of material changes when required. If you do not agree to an update, you must stop using the service before it takes effect.

18. General

These terms and the Privacy Policy are the entire agreement about Thumbform unless we sign a separate agreement with you. If a provision is unenforceable, the remaining provisions remain effective. Our failure to enforce a provision is not a waiver. You may not assign these terms without our consent; we may assign them as part of a reorganization, financing, merger, or sale.

Notices and questions may be sent to support@thumbform.com.