These Terms and Conditions ("Terms") govern your access to and use of the website located at https://www.thunderanalytic.com/ and any related software, dashboards, APIs, tools, content, and services provided by www.thunderanalytic.com, doing business as Thunder Analytic ("Thunder Analytic," "Company," "we," "us," or "our").
By accessing or using the Services, creating an account, clicking to accept these Terms, or entering into an order form or subscription with us, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and "you" and "your" will refer to that entity.
For purposes of these Terms:
You may use the Services only if you:
You must not use the Services if you are prohibited from doing so under applicable law.
Thunder Analytic provides a hosted software platform for web analytics and related measurement, reporting, dashboarding, and data analysis functions. The specific features available to you depend on your subscription plan, order form, Documentation, and any add-on services you purchase.
We may modify, update, improve, or discontinue any part of the Services from time to time, provided that such changes do not materially reduce the core functionality of any paid Services during your then-current Subscription Term, except where required for security, legal, or technical reasons.
To access certain features, you may need to create an Account. You agree to:
You must promptly notify us of any unauthorized use of your Account or any security incident involving the Services.
You are responsible for ensuring that each Authorized User uses the Services in compliance with these Terms. You are liable for the acts and omissions of your Authorized Users as if they were your own.
The Services may be offered on a free, trial, or paid subscription basis. The scope, usage limits, storage limits, feature access, and fees applicable to your subscription will be described on the website, in the applicable order form, or at checkout.
You agree to pay all fees associated with your subscription in accordance with the pricing and billing terms presented to you at the time of purchase. Unless otherwise stated:
You are responsible for all sales, use, value-added, withholding, or similar taxes, duties, or governmental assessments associated with your subscription, other than taxes based on our net income.
Unless otherwise stated in an order form, paid subscriptions automatically renew for successive periods equal to the initial Subscription Term unless you cancel before the renewal date.
If payment is overdue, we may suspend or restrict access to the Services after providing reasonable notice, unless prohibited by law. You remain responsible for all unpaid amounts.
We may offer free trials, pilot access, evaluation access, or beta features. Unless otherwise stated, such offerings are provided "as is", may be modified or terminated at any time, and may be subject to additional limitations.
We may suspend, limit, or terminate a trial or beta at our discretion. Beta or pre-release features may not be supported and may be more likely to contain errors or interruptions.
Subject to your compliance with these Terms and payment of applicable fees, we grant you during the Subscription Term a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services and Documentation for your internal business purposes.
You must not, and must not permit any third party to:
You agree not to use the Services:
You are solely responsible for ensuring that your implementation and use of the Services, including any website tracking, cookies, tags, scripts, SDKs, and consent practices, comply with all applicable laws and regulatory requirements.
As between the parties, you retain all right, title, and interest in and to Customer Data. You grant us and our subprocessors a worldwide, non-exclusive, limited right to host, store, transmit, process, reproduce, analyze, and display Customer Data solely as necessary to provide, maintain, support, secure, improve, and operate the Services and to enforce these Terms.
You represent and warrant that:
Unless we expressly agree otherwise in writing, you must not submit to the Services any special category or sensitive personal data, protected health information, payment card data subject to PCI DSS, children’s data, government-issued identification numbers, or other data subject to heightened legal or regulatory protection.
We may generate and use aggregated, anonymized, or de-identified data derived from use of the Services for lawful business purposes, including analytics, security, benchmarking, and product improvement, provided that such data does not identify you or any individual.
Your use of the Services is also subject to our Privacy Policy and, where applicable, any Data Processing Addendum made available by us or entered into between the parties.
You acknowledge that web analytics services may involve the collection and processing of technical information such as IP addresses, cookie identifiers, user agents, page views, events, referrers, session information, or similar online identifiers, depending on your implementation choices. You are solely responsible for obtaining any necessary notices, consents, or permissions from end users and for configuring the Services appropriately for your legal obligations.
The Services may interoperate with third-party products, platforms, websites, plugins, APIs, payment processors, cloud hosting providers, or integrations. Your use of such third-party services is governed solely by the applicable third-party terms and policies.
We do not control and are not responsible for third-party services, including their availability, security, accuracy, legality, or performance. We are not liable for any loss or damage arising from your use of third-party services.
The Services, Documentation, website content, software, design, branding, trademarks, logos, and all related intellectual property rights are and remain the exclusive property of Thunder Analytic and its licensors.
Except for the limited rights expressly granted in these Terms, no rights are granted to you by license, implication, estoppel, or otherwise.
You may provide comments, suggestions, enhancement requests, or other feedback regarding the Services. You grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up right to use, modify, and incorporate such feedback into our products and services without restriction or compensation.
Each party may receive non-public, confidential, or proprietary information from the other party ("Confidential Information"). The receiving party agrees to:
Confidential Information does not include information that the receiving party can demonstrate:
A party may disclose Confidential Information where required by law, subpoena, or court order, provided it gives notice when legally permitted.
We will use commercially reasonable efforts to make the Services available, but we do not guarantee uninterrupted or error-free operation.
The Services may be temporarily unavailable due to maintenance, updates, emergency repairs, third-party failures, internet outages, security incidents, or causes beyond our reasonable control.
Any support services, service levels, or response times will apply only if expressly included in your subscription plan, order form, or separate support policy.
We may suspend or limit your access to the Services immediately if:
Where practicable, we will provide notice and an opportunity to cure before suspension.
These Terms begin when you first access or use the Services and continue until terminated.
You may stop using the Services at any time. You may cancel your subscription in accordance with the cancellation procedures described in your Account, order form, or applicable billing page.
We may terminate these Terms or your access to the Services immediately upon notice if:
Upon termination or expiration:
During the active Subscription Term, you may be able to export certain Customer Data or reports using the functionality provided in the Services. After termination or expiration, we may retain and delete Customer Data in accordance with our standard backup and retention policies unless otherwise required by applicable law or contract.
You are solely responsible for exporting any Customer Data you wish to retain before termination of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, DOCUMENTATION, AND ALL RELATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA, REPORTS, INSIGHTS, OR ANALYTICS GENERATED THROUGH THE SERVICES WILL BE COMPLETE, RELIABLE, OR SUFFICIENT FOR YOUR PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THUNDER ANALYTIC, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THUNDER ANALYTIC AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF:
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you to the extent prohibited by law.
You agree to defend, indemnify, and hold harmless Thunder Analytic, its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any claims, actions, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
We reserve the right to assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate with us.
You agree to comply with all applicable laws, regulations, and governmental requirements in connection with your use of the Services, including those relating to privacy, data protection, electronic communications, consumer protection, sanctions, export controls, and intellectual property.
You represent that you are not located in, under the control of, or a resident of any country or territory subject to comprehensive trade sanctions that would prohibit provision of the Services, and that you are not listed on any applicable government list of prohibited or restricted parties.
Unless otherwise agreed in writing, we may identify you as a customer of Thunder Analytic and use your name, logo, and brand marks in our customer lists, website, and promotional materials, subject to any brand guidelines you provide. You may opt out by notifying us in writing.
You agree that we may send you notices and communications electronically, including through email, in-product notifications, dashboard alerts, or postings on our website. You are responsible for keeping your contact information current.
Legal notices to us should be sent to: [Insert Legal Notice Email/Address].
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be governed by the laws of [Insert Jurisdiction], without regard to conflict of laws rules.
The parties agree that the courts located in [Insert Venue] will have exclusive jurisdiction, unless arbitration is required by applicable law or separately agreed in writing.
Optional arbitration clause (use only if desired): Any dispute arising out of or relating to these Terms will be finally resolved by binding arbitration administered in [Insert Location] under the applicable arbitration rules, and judgment on the award may be entered in any court of competent jurisdiction.
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms on our website, notifying you by email, or providing an in-product notice.
Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
These Terms, together with any order form, Data Processing Addendum, Privacy Policy, and other incorporated policies, constitute the entire agreement between you and Thunder Analytic regarding the Services and supersede all prior or contemporaneous agreements on the same subject matter.
If there is a conflict between these Terms and an executed order form or negotiated agreement, the order form or negotiated agreement will control to the extent of the conflict.
You may not assign or transfer these Terms or any rights under them without our prior written consent, except in connection with a merger, acquisition, or sale of substantially all of your assets. We may assign these Terms without restriction in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Neither party will be liable for delay or failure to perform due to causes beyond its reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, internet or utility failures, cyberattacks, epidemics, or failures of suppliers or subcontractors.
A failure or delay by either party to enforce any provision of these Terms is not a waiver of that provision or any other provision.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law.
The parties are independent contractors. These Terms do not create any partnership, franchise, joint venture, agency, fiduciary, or employment relationship.
These Terms are for the sole benefit of the parties and do not create any third-party beneficiary rights, except as expressly stated.
These Terms may be translated for convenience, but the English version controls in the event of any conflict unless otherwise required by law.
If you have questions about these Terms, please contact:
Thunder Analytic
thunderanalytic@mail.com