1. Agreement
These Terms of Service (“Terms”) form a binding agreement between you and Superphonic LLC (“Superphonic,” “we,” “us”), a Washington limited liability company headquartered in Bellevue, Washington, USA. By using Thankverse (the “Service”), you agree to these Terms.
2. Eligibility
You must be at least 13 years old to use the Service. If you are in the European Economic Area or the United Kingdom, you must be at least 16. By using the Service, you confirm you meet these requirements.
3. Your account
You are responsible for the accuracy of the information you provide and for activity under your account. We use magic-link email authentication; keep your email account secure.
4. Acceptable use
You agree not to:
- Harass, threaten, or abuse anyone, or send unwanted contact;
- Impersonate another person or misrepresent your identity;
- Send unlawful, infringing, or hateful content;
- Use the Service to send spam or unsolicited bulk communications;
- Use automated means to scrape, crawl, or harvest data from the Service;
- Attempt to access the full body of a thanks addressed to someone else, or otherwise circumvent our access controls;
- Interfere with the operation of the Service or attempt to probe, scan, or test its security except as authorized in writing.
5. Your content and the license you grant us
You retain ownership of the content you create on the Service (your “Content”). You grant Superphonic only the license necessary to operate the Service: to store your Content, deliver teaser notifications by email to recipients you choose, render your Content to its intended recipients, and display your Content on the public wall in the form provided by the product. We do not use your Content for marketing, do not create derivative works beyond what the product itself displays, and do not sublicense your Content beyond the sub-processors we use to run the Service.
6. The recipient’s enduring right to thanks you have sent
When you send a thanks to a recipient, you grant that recipient an enduring, irrevocable license to view that thanks on the Service. This license survives the deletion of your account. If you delete your account, your name and email are removed and the thanks is attributed to a “former member” (see our Privacy Policy for details), but the message itself remains available to its recipient. We adopt this approach because a thanks is meant to outlast the moment in which it was sent — like a card you would have put in the mail.
7. The public wall
By default, content you create on the Service may appear on the public wall in the form rendered by the product. The public wall is designed not to expose sender or recipient personally identifying information. Even so, you should not include private information in a thanks you write.
8. Reporting abuse
To report a thanks that violates these Terms or applicable law, email info@thankverse.org. We may take down content that violates these Terms.
9. Termination
You may delete your account at any time. We may suspend or terminate your access to the Service if you violate these Terms or if continued provision of the Service would expose us or others to legal or material risk.
10. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, except those that cannot be disclaimed under applicable law. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.
11. Limitation of liability
To the maximum extent permitted by law, Superphonic’s aggregate liability for any claim arising out of or relating to the Service is limited to the greater of one hundred U.S. dollars (US$100) or the amount you paid us in the twelve months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data. Nothing in this section limits liability that cannot be limited under applicable law (including, where applicable, liability for gross negligence, willful misconduct, or under mandatory consumer-protection rules in the EU and UK).
12. Indemnification
You will indemnify and hold harmless Superphonic and its officers, employees, and agents from any claim, damage, loss, or expense (including reasonable attorneys’ fees) arising out of your use of the Service in violation of these Terms or applicable law.
13. Governing law and dispute resolution
These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws principles.
Binding individual arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules (or, at your election as a consumer, by the American Arbitration Association under its Consumer Arbitration Rules). The arbitration will be held in King County, Washington, or conducted by telephone or video at your election. Judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver. You and Superphonic agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.
30-day opt-out. You may opt out of the arbitration agreement and the class-action waiver in this Section 13 by sending a written notice to info@thankverse.org within thirty (30) days of first accepting these Terms. Your notice must include your name and the email address associated with your account. Opting out will not affect any other provision of these Terms.
Small-claims carveout. Either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction.
EU and UK consumers. If you are a consumer resident in the European Economic Area or the United Kingdom, nothing in this Section 13 deprives you of the protection of mandatory consumer-protection rules of your country of residence, and you retain the right to bring proceedings in the courts of your country of residence to the extent required by such mandatory rules. The arbitration provisions above apply only to the extent permitted by your local law.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will let active account holders know by email and post a notice on the Service before the changes take effect. Your continued use of the Service after the new Terms take effect constitutes your acceptance of them.
15. Contact us
Questions about these Terms? Reach us at info@thankverse.org.