Effective Date: March 1, 2026
Last Updated: February 26, 2026
These Terms of Use (these "Terms") are a legally binding agreement between you and Thunderbit, Inc. ("Company," "us," "our," and "we"). These Terms govern your access to and use of our Services (as defined in Section 1), including our website, browser extensions, desktop applications, web applications, AI agents, automation tools, APIs, SDKs, and all related software and services. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
By accessing or using the Services, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Services or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Services.
PLEASE BE AWARE THAT SECTION 16.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 16.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 16.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 16.2 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
As used in these Terms, the following terms have the meanings set forth below:
"Account" means a registered user account on the Services.
"Agent" or "AI Agent" means the autonomous AI system within the Services that can browse websites, interact with web page elements (including clicking, typing, scrolling, and navigating), fill forms, and execute multi-step tasks on behalf of users based on User Authorizations.
"Agent Actions" means any action taken by the AI Agent on behalf of a user, including but not limited to browsing web pages, clicking elements, typing text, filling forms, navigating between pages, submitting forms, completing purchases, making bookings, sending messages, and any other interaction with websites or web applications.
"Agent Session" means a single execution instance of the AI Agent performing one or more Agent Actions.
"AI Features" means all artificial intelligence and machine learning capabilities offered through the Services, including but not limited to the AI Agent, AI Suggest Fields, AI Improve Fields, Field AI Prompt, AI data transformation, AI Autofill, and any other features powered by artificial intelligence models.
"AI Output" means any content, data, text, or other materials generated, transformed, summarized, categorized, translated, or otherwise produced by the AI Features.
"API" means the application programming interface provided by Company that enables programmatic access to the Services.
"Automation Workflow" or "Workflow" means a user-defined sequence of instructions, triggers, conditions, and actions that directs the AI Agent or other Service features to perform tasks, either on-demand, on a schedule, or triggered by events.
"Chrome Extension" means the Thunderbit browser extension available through the Google Chrome Web Store and compatible browser extension stores.
"Credits" means the units of service consumption used to measure usage across the Services. Credits are consumed when using the Scraping Services, the AI Agent, Automation Workflows, and other metered features. The specific Credit consumption rates for each type of activity are published on the Site and may be updated from time to time.
"Desktop App" or "Desktop Application" means the Thunderbit native application available for macOS and Windows operating systems.
"Developer" means a user who accesses the Services through the API or SDK to build applications or integrations.
"Developer Application" means any software, application, integration, or service built by a Developer using the API or SDK.
"Free Tools" means the free features offered by Company, which may include Email Extractor, Phone Number Extractor, Image Downloader, AI Autofill, and other tools as designated by Company from time to time.
"Platform" means any of the delivery mechanisms through which the Services are provided, including the Chrome Extension, the Web Application, the Desktop App, the API, and the SDK.
"SDK" means the software development kits provided by Company for building applications and integrations that interact with the Services.
"Scraper Template" means a column schema consisting of field names, data types, and optional Field AI Prompts that defines what data to extract from a Third-Party Service.
"Scraping Services" means the web data extraction capabilities offered through the Services, including cloud scraping, browser scraping, scheduled scraping, subpage scraping, and pagination handling.
"Services" means, collectively, the Site, the Chrome Extension, the Desktop App, the Web Application, the AI Agent, Automation Workflows, the Scraping Services, the AI Features, the API, the SDK, the Free Tools, and all related software, applications, infrastructure, and services offered by Company.
"Site" means the website located at thunderbit.com and all associated web pages.
"Subscription Plan" means the tier of service selected by a user, including the Free Tier and any paid plans offered by Company as described on the Site.
"Third-Party Service" means any website, web application, or online service not operated by Company, including websites from which data is extracted using the Scraping Services and websites on which the AI Agent performs Agent Actions.
"User Authorization" means the explicit instruction, configuration, command, or approval given by a user directing the AI Agent to perform specific Agent Actions or execute a Workflow.
"User Credentials" means login credentials, passwords, API keys, tokens, cookies, session data, or other authentication information that a user provides to the Services for the purpose of enabling the AI Agent or Scraping Services to access Third-Party Services on the user's behalf.
"User Data" means any and all data, content, information, Scraper Templates, Automation Workflows, Agent Session logs, User Credentials, configurations, and materials that a user submits to, creates with, extracts through, or generates using the Services, including scraped data and AI Output.
"Web Application" means the cloud-hosted SaaS dashboard accessible via web browser for managing Accounts, Workflows, Agent Sessions, analytics, and other Service features.
You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
In order to use certain features of the Services, you must register for an Account and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Services. Company may suspend or terminate your Account in accordance with Section 13.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account, including all Agent Actions, Workflow executions, and API calls. You are responsible for all User Credentials stored in your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Unless expressly permitted by Company in writing, you may maintain only one Account. You shall not share your Account credentials with any third party or allow any third party to access your Account.
Developers who access the Services through the API or SDK must register for an Account and comply with the additional terms in Section 18. Developer Accounts may have additional registration requirements.
Organizations that manage multiple users under a single Account are responsible for the actions of all authorized users, including Agent Actions initiated by organization members. Organization administrators are responsible for managing user access and permissions.
The Chrome Extension is a browser-based tool that enables users to extract structured data from websites, execute AI Agent tasks, and run Automation Workflows. The Chrome Extension requires certain browser permissions to function, including access to web page content, active tab interaction, clipboard, and storage. These permissions are used solely to provide the Services. The Chrome Extension includes both data scraping and web automation capabilities.
Cloud Execution enables server-side operations through Company's cloud infrastructure. This includes cloud-based data scraping from publicly accessible websites and cloud-based Agent Sessions. Cloud Execution does not use the user's browser session and is available only for publicly accessible content unless the user provides User Credentials for authenticated access.
Browser-Based Execution enables client-side operations using the user's own browser session through the Chrome Extension. This includes browser-based scraping and browser-based Agent Sessions. Browser-Based Execution may be used to interact with websites where the user is authenticated.
The AI Agent is an autonomous AI system that can browse websites, interact with web page elements, fill forms, click buttons, navigate between pages, and execute multi-step tasks on behalf of users. The AI Agent operates based on User Authorizations and Automation Workflows. The AI Agent may access Third-Party Services using User Credentials provided by the user. The AI Agent is a tool that executes instructions provided by the user; Company is not a party to any transaction, agreement, or interaction facilitated by the AI Agent. Use of the AI Agent is subject to the additional terms in Section 19.
Users can create Automation Workflows that define sequences of Agent Actions and other operations. Workflows may be triggered manually, on a schedule, or by events. The execution of Workflows consumes Credits as described in Section 5.
The AI Features leverage third-party artificial intelligence models to provide capabilities including, but not limited to: the AI Agent's decision-making and task execution; AI Suggest Fields (automatic generation of Scraper Templates); AI Improve Fields (refinement of existing templates); Field AI Prompt (per-column data transformation during scraping); and AI data transformation (summarization, categorization, translation, formatting, calculation, and labeling). The AI Features are powered by third-party providers, which may include Google (Gemini), OpenAI (ChatGPT), Anthropic (Claude), DeepSeek, and other providers. Company may change, add, or remove AI providers at any time.
Company offers certain Free Tools at no charge, which may include Email Extractor, Phone Number Extractor, Image Downloader, AI Autofill, and other tools as designated by Company. Free Tools do not consume Credits. Company reserves the right to modify, limit, or discontinue any Free Tool at any time without prior notice.
Scheduled Operations allow users to configure recurring data extraction operations or Automation Workflow executions using natural language scheduling. Scheduled Operations consume Credits for each execution that produces metered activity.
The Services support export of extracted data in various formats, including but not limited to Excel, Google Sheets, Airtable, Notion, CSV, and JSON. Data export does not consume Credits. Export functionality depends on the availability and compatibility of third-party services.
Scraper Templates define the structure and content of data extraction operations. Users may create custom templates or use pre-built templates provided by Company. Use of pre-built templates does not consume Credits. Pre-built templates are Company intellectual property, while user-created templates are User Data.
The Web Application is a cloud-hosted SaaS dashboard for managing Accounts, configuring and monitoring Automation Workflows, viewing Agent Session history and analytics, managing User Credentials, and administering other Service features. The Web Application requires an internet connection and a supported web browser.
The Desktop App is a native application available for macOS and Windows. The Desktop App provides access to the Services' features, including AI Agent, Automation Workflows, and Scraping Services, through a native interface. The Desktop App may require system-level permissions as described in Section 20. The Desktop App may include auto-update functionality.
The API and SDK enable Developers to programmatically access the Services, build Developer Applications, and create custom integrations. Use of the API and SDK is subject to the Developer Terms in Section 18 and any applicable API documentation published on the Site.
Company reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
Subject to these Terms and your compliance with your Subscription Plan, Company grants you a non-exclusive, non-transferable, revocable, limited, worldwide license to access and use the Services through any supported Platform for your own lawful purposes, including commercial use, in accordance with the features and limitations of your Subscription Plan.
The rights granted under Section 4.1 are limited to the number of seats, Credits, Agent Session limits, Workflow execution limits, API rate limits, and other features included in your Subscription Plan. You may not exceed the usage limits of your Subscription Plan without upgrading or purchasing additional capacity.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services themselves (as distinct from the data you extract or the results of Agent Actions performed using the Services), whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive product or service; (d) you shall not circumvent, disable, or otherwise interfere with any security, technical, or usage-limiting features of the Services, including Credit limits, rate limits, or session limits; (e) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (f) you shall not use any automated means to access the Services other than through the Platforms as intended; (g) you shall not use the AI Agent to perform actions that you are not authorized to perform on the relevant Third-Party Service; (h) you shall not use the AI Agent to circumvent security measures, CAPTCHA systems, bot detection mechanisms, or access controls on Third-Party Services; (i) you shall not use the API or SDK to build applications that violate these Terms or the Acceptable Use Policy; and (j) you shall not use the Services to create autonomous agents that operate without appropriate human oversight for high-risk activities. Unless otherwise indicated, any future release, update, or other addition to the functionality of the Services shall be subject to these Terms.
The Chrome Extension requires specific browser permissions to function, including permissions for web page access, active tab interaction, form filling, and clipboard access. By installing and using the Chrome Extension, you consent to the permissions described in the Chrome Extension's listing on the Chrome Web Store. Your use of the Chrome Extension is also subject to the Google Chrome Web Store Terms of Service.
The Desktop App requires system-level permissions to function, which may include access to the file system, network, clipboard, accessibility APIs, screen capture, and other system resources as described in the application's permission prompts. By installing and using the Desktop App, you consent to these permissions. Additional details are set forth in Section 20.
Excluding any User Data that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and their content are owned by Company or Company's suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 4.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
If you provide Company with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
The Services are offered through various Subscription Plans with different features, usage limits, and pricing. The current Subscription Plans and their associated features and pricing are described on the Site. Company reserves the right to modify, add, or remove Subscription Plans at any time.
Credits are the unit of service consumption across the Services. Credits are consumed when using the Scraping Services (per output row), the AI Agent (per Agent Action or Agent Session, as specified on the Site), Automation Workflows (per execution), and other metered features as described on the Site. The specific Credit consumption rates for each type of activity are published on the Site and may be updated from time to time. Company will provide at least thirty (30) days' notice before increasing the Credit consumption rate for any existing activity type. The following activities do not consume Credits: use of Scraper Templates, use of Free Tools, data export, and account administration.
The Free Tier provides limited access to the Services at no charge, subject to the usage limitations described on the Site. The Free Tier is provided without any service level commitments. Company reserves the right to modify, limit, or discontinue the Free Tier at any time.
If you select a paid Subscription Plan, you agree to pay all applicable fees as described on the Site. Fees are charged on a monthly or annual basis, as selected by you, and will automatically renew at the end of each billing period unless you cancel your Subscription Plan before the renewal date. You are responsible for all applicable taxes. All fees are stated in United States Dollars unless otherwise specified.
Company may change the fees for the Services at any time. If you are on a paid Subscription Plan, Company will provide you with at least thirty (30) days' prior notice of any fee increase. The new fees will apply at the beginning of your next billing cycle following the notice period. If you do not agree to the fee change, you may cancel your Subscription Plan before the new fees take effect.
Fees are generally non-refundable, except as required by applicable law. If Company terminates your Account without cause, Company will provide a pro-rata refund for any prepaid fees covering the unused portion of your then-current billing period. No refunds will be issued for termination due to your violation of these Terms.
Unless otherwise stated in your Subscription Plan, unused Credits do not carry over to the next billing period and expire at the end of each billing cycle. When your Credit balance reaches zero, metered operations (including scraping, Agent Sessions, and Workflow executions) will be paused until additional Credits become available through plan renewal or upgrade.
Certain operations, particularly Agent Sessions and complex Automation Workflows, may consume a variable number of Credits depending on the number and complexity of actions performed. You are responsible for monitoring your Credit usage. Company may provide tools to set Credit usage limits or alerts within your Account settings.
You may cancel your Subscription Plan at any time through your Account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access to paid features until the end of the billing period for which you have already paid. Upon cancellation, your Account will revert to the Free Tier, subject to the Free Tier's usage limitations.
You retain all ownership rights in your User Data. Nothing in these Terms shall be construed as transferring ownership of your User Data to Company.
You hereby grant to Company a non-exclusive, royalty-free, worldwide license to host, store, process, transmit, display, and distribute your User Data solely for the purpose of providing and improving the Services, including executing Agent Actions, processing Automation Workflows, and transmitting User Credentials to Third-Party Services as directed by your User Authorizations. This license terminates when you delete your User Data or your Account, except that Company may retain archival copies as required by law or for legitimate business purposes.
Data extracted through the Scraping Services is your User Data. Company does not claim ownership of any data that you extract using the Services. You are solely responsible for determining the ownership of, and your rights to use, any data extracted from Third-Party Services.
To the extent permitted by applicable law, AI Output generated through your use of the AI Features is your User Data. You acknowledge that AI Output may not be eligible for intellectual property protection in all jurisdictions and that similar or identical AI Output may be generated for other users of the Services.
Data generated during Agent Sessions, including screenshots, action logs, interaction records, and results, is User Data. Company may retain Agent Session logs for a reasonable period to provide the Services, support troubleshooting, and improve Service quality.
User Credentials stored in the Services are User Data and are encrypted at rest. Company accesses User Credentials only as necessary to execute Agent Actions and Automation Workflows as directed by you. Company does not use User Credentials for any purpose other than providing the Services. You are solely responsible for the security and validity of your User Credentials and for ensuring that storing credentials with the Services does not violate the terms of the relevant Third-Party Service.
User-created Automation Workflows are User Data. Pre-built Workflow templates provided by Company are Company intellectual property and are licensed to you solely for use with the Services.
User-created Scraper Templates are User Data. Pre-built Scraper Templates provided by Company are Company intellectual property.
You are solely responsible for your User Data. You assume all risks associated with the use of your User Data, including any reliance on its accuracy, completeness, or usefulness by others. Company is not obligated to back up any User Data, and your User Data may be deleted in accordance with these Terms. You are solely responsible for creating and maintaining your own backup copies of your User Data.
The following terms constitute the "Acceptable Use Policy" or "AUP." Violation of the AUP may result in suspension or termination of your Account.
You agree not to use the Services to:
(a) violate any applicable law, regulation, or third-party right, including any intellectual property, privacy, or publicity right;
(b) engage in any activity that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, pornographic, obscene, or otherwise objectionable;
(c) upload, transmit, or distribute any computer viruses, worms, malware, or any software intended to damage or alter a computer system or data;
(d) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
(e) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services;
(f) attempt to gain unauthorized access to the Services or to other computer systems or networks connected to or used together with the Services;
(g) harass or interfere with any other user's use and enjoyment of the Services; or
(h) use automated means to create multiple Accounts or to circumvent Credit, rate, or usage limits.
When using the Scraping Services, you agree to the following:
(a) Third-Party Service Compliance. You are solely responsible for ensuring that your use of the Scraping Services complies with all applicable laws, regulations, and the terms of service of Third-Party Services.
(b) Robots.txt and Technical Restrictions. You acknowledge that Third-Party Services may employ robots.txt files, rate limiting, or other technical measures to restrict automated access. You are responsible for respecting such restrictions and acknowledge that any decision to override such restrictions is at your sole risk and responsibility.
(c) Non-Disruption. You shall not use the Scraping Services in a manner that disrupts, degrades, or impairs the performance or availability of any Third-Party Service.
(d) Personal Data. You must not use the Scraping Services to collect personal data unless you have a lawful basis for such collection and processing. When you collect personal data using the Services, you assume the role and responsibilities of a data controller.
(e) Authentication and Access. You shall not use the Scraping Services to access content protected by authentication systems unless you have valid, authorized access to such content.
(f) Intellectual Property. You are responsible for ensuring that your use of scraped data respects the intellectual property rights of third parties.
(g) User Responsibility. You are solely responsible for all scraping activities conducted through your Account. Company provides the Scraping Services as a tool and does not provide legal advice regarding the legality of scraping.
When using the AI Agent, you agree to the following:
(a) User Authorization Required. You must provide explicit User Authorization for all Agent Actions. The AI Agent acts solely on your instructions. You are responsible for defining the scope of the Agent's authority and for reviewing and approving the Agent's actions where appropriate.
(b) Prohibited Agent Uses. You shall not direct or permit the AI Agent to: (i) perform actions on Third-Party Services that you are not legally authorized to perform yourself; (ii) violate the terms of service of any Third-Party Service; (iii) engage in fraud, identity theft, impersonation, or deceptive practices; (iv) make purchases, place orders, or enter into financial transactions without your express, informed authorization for each specific transaction or category of transactions; (v) send communications that are spam, unsolicited, or deceptive; (vi) access or attempt to access accounts, systems, or data that you do not own or have authorized access to; (vii) circumvent security measures, CAPTCHA systems, bot detection mechanisms, or access controls; (viii) perform actions at a volume, speed, or frequency that disrupts or degrades Third-Party Services; (ix) collect, store, or transmit personal data in violation of applicable privacy laws; (x) engage in market manipulation, price manipulation, scalping, or anti-competitive practices; or (xi) take any action that would be unlawful if performed by you directly.
(c) Human Oversight. You acknowledge that the AI Agent may make errors, including performing unintended actions, interacting with incorrect elements, or misinterpreting instructions. You are responsible for implementing appropriate safeguards and human oversight for Agent Sessions, particularly those involving financial transactions, legally binding commitments, or sensitive data.
(d) Third-Party Service Compliance. You are solely responsible for ensuring that your use of the AI Agent complies with the terms of service of all Third-Party Services with which the Agent interacts.
(e) Credential Security. You shall not provide User Credentials for accounts that you do not own or have authorized access to. You are responsible for ensuring that providing your credentials to the Services does not violate the terms of the relevant Third-Party Service.
(f) Financial Transactions. When the AI Agent performs financial transactions on your behalf, you are the party to those transactions, not Company. You are solely responsible for all financial obligations arising from Agent Actions.
(g) Revocation and Emergency Stop. You may revoke User Authorization or terminate an Agent Session at any time. You acknowledge that some Agent Actions may not be reversible once executed (e.g., a submitted order, a sent email, a posted comment).
When using Automation Workflows, you agree to the following:
(a) You are responsible for the design, configuration, testing, and consequences of your Automation Workflows.
(b) Scheduled or event-triggered Workflows execute without real-time human oversight. You should implement appropriate safeguards for automated Workflows.
(c) Each execution of a Workflow must comply with all provisions of this AUP.
(d) You shall not create Workflows designed to evade rate limits, Credit limits, or other usage restrictions.
When using the API or SDK, you agree to the following:
(a) You shall not exceed the rate limits or usage quotas applicable to your Account.
(b) You shall not share API keys or SDK credentials with unauthorized parties.
(c) You are responsible for all activity conducted using your API keys.
(d) Developer Applications must comply with all provisions of these Terms and this AUP.
(e) You shall not use the API or SDK to build services that compete directly with the Services.
When using the Chrome Extension, you agree not to: (a) use the Chrome Extension to bypass website security measures, CAPTCHA systems, or other access controls; (b) inject malicious code, scripts, or content into web pages; or (c) use the Chrome Extension in violation of the Google Chrome Web Store Developer Program Policies.
We reserve the right (but have no obligation) to review any activity conducted through the Services, and to investigate and/or take appropriate action in our sole discretion if you violate the AUP or any other provision of these Terms. Such action may include: (a) issuing a warning; (b) temporarily or permanently suspending your Account; (c) removing or restricting content; (d) reducing or revoking Credits; (e) terminating active Agent Sessions or Workflows; and/or (f) reporting you to law enforcement authorities.
AI Output is provided on an "as-is" basis and may contain errors, inaccuracies, omissions, or hallucinations. Company does not warrant the accuracy, completeness, reliability, or fitness for any particular purpose of any AI Output. You should independently verify all AI Output before relying upon it.
THE AI AGENT OPERATES AUTONOMOUSLY BASED ON AI MODELS AND MAY MAKE ERRORS, INCLUDING BUT NOT LIMITED TO: CLICKING INCORRECT ELEMENTS, FILLING FORMS WITH INCORRECT DATA, NAVIGATING TO INCORRECT PAGES, PERFORMING UNINTENDED ACTIONS, MISINTERPRETING USER INSTRUCTIONS, OR FAILING TO COMPLETE TASKS. COMPANY DOES NOT WARRANT THAT THE AI AGENT WILL PERFORM ACTIONS ACCURATELY, COMPLETELY, TIMELY, OR AS INTENDED.
COMPANY PROVIDES THE AI AGENT AS A TECHNOLOGY TOOL. COMPANY IS NOT A PARTY TO, AND BEARS NO RESPONSIBILITY FOR, ANY TRANSACTION, AGREEMENT, COMMUNICATION, OR INTERACTION FACILITATED BY THE AI AGENT ON YOUR BEHALF. WHEN THE AI AGENT PLACES AN ORDER, SUBMITS A FORM, SENDS A MESSAGE, MAKES A PAYMENT, OR TAKES ANY OTHER ACTION ON YOUR BEHALF, YOU ARE THE PRINCIPAL AND BEAR ALL RESPONSIBILITY FOR THOSE ACTIONS AND THEIR CONSEQUENCES.
THE RELATIONSHIP BETWEEN YOU AND THE AI AGENT IS THAT OF A USER DIRECTING AN AUTOMATED TOOL. THE AI AGENT IS NOT YOUR LEGAL AGENT, REPRESENTATIVE, BROKER, OR FIDUCIARY, NOR IS COMPANY ACTING AS YOUR AGENT OR REPRESENTATIVE THROUGH THE AI AGENT. YOU, NOT COMPANY, ARE RESPONSIBLE FOR ALL CONSEQUENCES OF AGENT ACTIONS, INCLUDING UNINTENDED CONSEQUENCES.
WHEN THE AI AGENT INTERACTS WITH THIRD-PARTY SERVICES ON YOUR BEHALF, INCLUDING ACCEPTING TERMS OF SERVICE, COMPLETING TRANSACTIONS, SUBMITTING APPLICATIONS, OR CREATING ACCOUNTS, YOU ARE BOUND BY THOSE THIRD-PARTY TERMS. COMPANY IS NOT RESPONSIBLE FOR YOUR OBLIGATIONS UNDER THIRD-PARTY TERMS ACCEPTED OR AGREED TO DURING AGENT SESSIONS.
SOME AGENT ACTIONS MAY BE IRREVERSIBLE ONCE EXECUTED, INCLUDING BUT NOT LIMITED TO SUBMITTED PURCHASES, SENT EMAILS, POSTED CONTENT, SUBMITTED APPLICATIONS, AND COMPLETED TRANSACTIONS. COMPANY IS NOT RESPONSIBLE FOR AND CANNOT REVERSE AGENT ACTIONS ONCE THEY HAVE BEEN EXECUTED ON THIRD-PARTY SERVICES.
AI Output and Agent Actions do not constitute legal, financial, medical, tax, or other professional advice. The AI Features and AI Agent are tools to assist, and not replace, human judgment. Company expressly disclaims any liability for decisions made or actions taken based on AI Output or Agent Actions.
The AI Features utilize third-party artificial intelligence models provided by companies that may include Google (Gemini), OpenAI (ChatGPT), Anthropic (Claude), DeepSeek, and others. When you use the AI Features, your inputs may be transmitted to and processed by these third-party providers in accordance with their respective terms and privacy policies.
Company does not use your User Data to train third-party AI models. However, your inputs to the AI Features may be processed by third-party AI providers in accordance with their own terms and policies. Company takes commercially reasonable measures to minimize unnecessary data retention by third-party AI providers.
AI Features and AI Agent capabilities may change as underlying AI models are updated, replaced, or discontinued by their respective providers. Company reserves the right to change, add, or remove AI providers, models, or capabilities at any time without prior notice.
Your use of the Services is also governed by our Privacy Policy, available at thunderbit.com/privacy, which is incorporated into these Terms by reference.
With respect to User Data that you process through the Services, you are the data controller and Company is the data processor. Company processes User Data only as necessary to provide the Services. When the AI Agent interacts with Third-Party Services, data processed on those Third-Party Services is governed by those services' privacy policies.
If you are located in the European Economic Area ("EEA"), the United Kingdom ("UK"), or Switzerland, or if you process personal data of individuals located in these regions:
(a) Company processes personal data in accordance with the General Data Protection Regulation ("GDPR") and applicable national implementing legislation.
(b) Company will enter into a Data Processing Agreement ("DPA") with you upon request.
(c) Company utilizes appropriate safeguards for cross-border data transfers, including Standard Contractual Clauses, where applicable.
(d) You are responsible for ensuring that you have a lawful basis for any personal data that you collect or process using the Services.
If you are a California resident or if you process personal information of California consumers:
(a) Company complies with the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA").
(b) Company does not sell personal information as defined under the CCPA.
(c) You may exercise your rights under the CCPA by contacting us as described in Section 16.12.
When you use the Services to collect or process personal data (whether through scraping or Agent Actions), you assume the role and responsibilities of a data controller with respect to that data and are solely responsible for complying with all applicable data protection laws.
User Credentials are encrypted at rest and transmitted using industry-standard encryption protocols. Company implements commercially reasonable technical and organizational measures to protect User Credentials. However, no method of storage or transmission is completely secure. Company accesses User Credentials only to execute Agent Actions and Workflows as directed by you.
Agent Session data (including screenshots, action logs, and interaction records) may be collected and retained to provide the Services, enable troubleshooting, and improve AI Agent accuracy. You can manage Agent Session data retention through your Account settings where available.
User Data may be synchronized across Platforms (Chrome Extension, Desktop App, Web Application) through your Account. You acknowledge that accessing your Account from multiple Platforms may result in data being processed and stored across different environments.
Company retains User Data for as long as your Account is active or as needed to provide the Services. Upon termination of your Account, Company will retain your User Data for thirty (30) days to allow you to export your data, after which Company may delete your User Data from its active systems. Company may retain certain data as required by law.
Company implements commercially reasonable technical and organizational security measures designed to protect User Data against unauthorized access, alteration, disclosure, or destruction. However, Company cannot guarantee absolute security.
In the event of a data breach affecting your personal data, Company will notify you in accordance with applicable law.
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
WITHOUT LIMITING THE FOREGOING:
(a) AI OUTPUT DISCLAIMER. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY AI OUTPUT. AI OUTPUT MAY CONTAIN ERRORS, INACCURACIES, OR HALLUCINATIONS AND SHOULD NOT BE RELIED UPON WITHOUT INDEPENDENT VERIFICATION.
(b) AI AGENT DISCLAIMER. THE AI AGENT IS PROVIDED ON AN "AS-IS" BASIS. COMPANY DOES NOT WARRANT THAT THE AI AGENT WILL PERFORM ACTIONS ACCURATELY, COMPLETELY, TIMELY, OR AS INTENDED BY THE USER. THE AI AGENT MAY MAKE ERRORS INCLUDING BUT NOT LIMITED TO INCORRECT CLICKS, WRONG DATA ENTRY, FAILED NAVIGATION, UNINTENDED TRANSACTIONS, OR FAILED TASK COMPLETION. YOU USE THE AI AGENT AT YOUR OWN RISK.
(c) SCRAPING SERVICES DISCLAIMER. COMPANY DOES NOT GUARANTEE ACCESS TO ANY THIRD-PARTY SERVICE OR THAT THE SCRAPING SERVICES WILL SUCCESSFULLY EXTRACT DATA FROM ANY PARTICULAR SOURCE. THIRD-PARTY SERVICES MAY BLOCK, LIMIT, OR MODIFY ACCESS AT ANY TIME.
(d) THIRD-PARTY SERVICES DISCLAIMER. THE AVAILABILITY AND FUNCTIONALITY OF THIRD-PARTY INTEGRATIONS AND THIRD-PARTY SERVICES WITH WHICH THE AI AGENT INTERACTS ARE SUBJECT TO THOSE SERVICES' OWN TERMS AND AVAILABILITY. COMPANY IS NOT RESPONSIBLE FOR ANY DISRUPTION, MODIFICATION, OR DISCONTINUATION OF THIRD-PARTY SERVICES.
(e) CHROME EXTENSION DISCLAIMER. THE FUNCTIONALITY OF THE CHROME EXTENSION MAY VARY DEPENDING ON BROWSER VERSION, OPERATING SYSTEM, AND THIRD-PARTY SERVICE CHARACTERISTICS. BROWSER UPDATES MAY AFFECT FUNCTIONALITY.
(f) DESKTOP APP DISCLAIMER. THE DESKTOP APP IS PROVIDED ON AN "AS-IS" BASIS. COMPANY DOES NOT WARRANT COMPATIBILITY WITH ALL HARDWARE CONFIGURATIONS, OPERATING SYSTEM VERSIONS, OR NETWORK ENVIRONMENTS. AUTO-UPDATES MAY TEMPORARILY AFFECT FUNCTIONALITY.
(g) WORKFLOW DISCLAIMER. AUTOMATED WORKFLOWS EXECUTE BASED ON USER-DEFINED CONFIGURATIONS. COMPANY DOES NOT WARRANT THAT WORKFLOWS WILL EXECUTE AS INTENDED IN ALL CIRCUMSTANCES, PARTICULARLY WHEN THIRD-PARTY SERVICE INTERFACES CHANGE.
(h) API/SDK DISCLAIMER. THE API AND SDK ARE PROVIDED ON AN "AS-IS" BASIS. COMPANY DOES NOT WARRANT UNINTERRUPTED AVAILABILITY, BACKWARD COMPATIBILITY, OR ERROR-FREE OPERATION.
(i) NO LEGAL ADVICE. COMPANY DOES NOT PROVIDE LEGAL ADVICE REGARDING THE LEGALITY OF WEB SCRAPING, WEB AUTOMATION, OR AI AGENT OPERATIONS IN ANY PARTICULAR JURISDICTION OR CONTEXT.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
WITHOUT LIMITING THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR CLAIM ARISING FROM: (A) ACTIONS TAKEN BY THE AI AGENT ON THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO PURCHASES, PAYMENTS, BOOKINGS, COMMUNICATIONS, FORM SUBMISSIONS, OR ANY OTHER TRANSACTIONS; (B) THE AI AGENT'S FAILURE TO ACCURATELY INTERPRET OR EXECUTE USER INSTRUCTIONS; (C) CHANGES TO THIRD-PARTY SERVICE INTERFACES THAT AFFECT AGENT PERFORMANCE; (D) UNAUTHORIZED ACCESS TO OR MISUSE OF USER CREDENTIALS STORED IN THE SERVICES; (E) ANY CONSEQUENCES OF AUTOMATED WORKFLOW EXECUTION; OR (F) DEVELOPER APPLICATIONS BUILT USING THE API OR SDK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
THE LIMITATIONS IN THIS SECTION 11 DO NOT APPLY TO: (A) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 12; (B) EITHER PARTY'S LIABILITY FOR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; OR (C) YOUR VIOLATION OF SECTION 4.3 (LICENSE RESTRICTIONS).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold Company (and its officers, directors, employees, agents, successors, and assigns) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of: (a) your use of the Services; (b) your violation of these Terms, including the Acceptable Use Policy; (c) your violation of applicable laws or regulations; (d) your User Data; (e) your scraping activities, including any claims by Third-Party Services or their users; (f) Agent Actions performed on your behalf, including any claims by Third-Party Services arising from such actions; (g) transactions facilitated by the AI Agent on your behalf, including product liability, contractual disputes, or payment disputes; (h) any claims arising from your use of or reliance on AI Output; (i) your violation of any Third-Party Service's terms of service; (j) your storage and use of User Credentials in the Services; (k) Developer Applications you build using the API or SDK; and (l) Automation Workflows you create and execute.
For users on paid Subscription Plans, Company will indemnify, defend, and hold you harmless from any third-party claim that the Services, as provided by Company and used in accordance with these Terms, infringe any third-party patent, copyright, or trademark. Company's obligations under this Section 12.2 do not apply to any claim arising from: (a) your User Data; (b) your modification of the Services; (c) your combination of the Services with products not provided by Company; (d) your use of the Services in violation of these Terms; or (e) Agent Actions or Workflow executions directed by you.
The indemnified party shall: (a) promptly notify the indemnifying party in writing of any claim; (b) grant the indemnifying party sole control of the defense and settlement of the claim; and (c) cooperate with the indemnifying party in the defense of the claim.
Subject to this Section, these Terms will remain in full force and effect while you use the Services.
You may cancel your Subscription Plan at any time through your Account settings. You may delete your Account at any time by following the instructions on the Services.
We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Where practicable, Company will provide you with notice prior to termination, except in cases of egregious violations.
Upon termination of your rights under these Terms: (a) your Account and right to access and use the Services will terminate; (b) all active Agent Sessions and Automation Workflows will be immediately stopped; (c) all API keys associated with your Account will be immediately revoked; and (d) your User Data, including User Credentials, will be handled in accordance with Section 13.5.
Following termination of your Account, you will have thirty (30) days to export your User Data. After this period, Company may delete your User Data from its active systems, including stored User Credentials. Company may retain certain data as required by law.
Upon termination or cancellation, any unused Credits in your Account will be forfeited and will not be refunded, except as provided in Section 5.6.
Company may suspend (rather than terminate) your access to the Services while investigating potential violations. During any suspension, all Agent Sessions and Workflows will be paused.
Even after your rights under these Terms are terminated, the following provisions will remain in effect: Sections 1, 4.3, 4.6, 6, 7, 8, and 10 through 21.
Company respects the intellectual property of others and asks that users of the Services do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users who are repeat infringers of intellectual property rights.
If you believe that a user of the Services is unlawfully infringing the copyright(s) in a work, the following information in the form of a written notification (pursuant to 17 U.S.C. Section 512(c)) must be provided to our designated Copyright Agent:
If you believe that material you posted was removed by mistake, you may file a counter-notification with our Copyright Agent providing: (a) your physical or electronic signature; (b) identification of the removed material and its prior location; (c) a statement under penalty of perjury of good faith belief of mistake or misidentification; and (d) your contact information and consent to jurisdiction.
Our Copyright Agent can be reached at: contact@thunderbit.com.
The Services support integrations with third-party services, including but not limited to Google Sheets, Airtable, Notion, and others. Your use of any third-party integration is subject to the terms of the applicable third-party service. Company is not responsible for the availability or functionality of any third-party integration.
When the AI Agent interacts with Third-Party Services on your behalf, your interactions are governed by the terms and conditions of those Third-Party Services. Company is not a party to any agreement between you and any Third-Party Service. Company is not affiliated with, endorsed by, or responsible for any Third-Party Service on which the Agent operates. You acknowledge that Third-Party Services may block, restrict, or terminate your access at any time, including as a result of automated interactions by the AI Agent. Company is not responsible for any consequences arising from Third-Party Services' responses to Agent Actions.
The Services may contain links to third-party websites. Such links are not under the control of Company. You use all third-party links at your own risk.
Your use of the Chrome Extension is subject to the Google Chrome Web Store Terms of Service.
If you download the Desktop App, your use may also be subject to applicable platform terms from Apple (macOS) or Microsoft (Windows).
Each user of the Services is solely responsible for their own User Data. Company does not control User Data and is not responsible for any User Data.
You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services, including any interactions with Third-Party Services facilitated by the AI Agent, Agent Actions, Automation Workflow executions, and any interactions with other users of the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on the Site. Material changes will become effective no earlier than thirty (30) days after notice is provided. Continued use of the Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Please read the following arbitration agreement in this Section (the "Arbitration Agreement") carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the "Company Parties") and limits the manner in which you can seek relief from the Company Parties.
(a) Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Company Parties relating in any way to the Services or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms or any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of these Terms.
(b) Informal Dispute Resolution. Before either party commences arbitration, we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute ("Informal Dispute Resolution Conference"). The party initiating a Dispute must give notice to the other party in writing ("Notice"), which shall occur within 45 days after receipt. Notice to Company should be sent by email to: contact@thunderbit.com, or by regular mail to 548 Market St. Suite 41440, San Francisco, California 94104. The Notice must include: (1) your name, telephone number, mailing address, e-mail address associated with your Account; (2) your counsel's contact information, if any; and (3) a description of your Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent to commencing arbitration.
(c) Arbitration Rules and Forum. The Federal Arbitration Act, 9 U.S.C. Section 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS. Disputes under $250,000 shall be subject to JAMS' Streamlined Arbitration Rules; all other claims shall be subject to JAMS's Comprehensive Arbitration Rules and Procedures. Unless otherwise agreed or the Batch Arbitration process in Subsection 16.2(h) is triggered, the arbitration will be conducted in the county where you reside. All materials exchanged during arbitration shall be kept confidential.
(d) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration, except: (1) disputes about the "Waiver of Class or Other Non-Individualized Relief" shall be decided by a court; (2) disputes about arbitration fee payment shall be decided by a court (except as in "Batch Arbitration"); (3) disputes about condition precedent satisfaction shall be decided by a court; and (4) disputes about which Arbitration Agreement version applies shall be decided by a court. The arbitrator shall issue a written award describing essential findings and conclusions. The award is final and binding.
(e) Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 16.2(a), YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
(f) Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 16.2(h), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. If a court finds this subsection invalid as to a particular claim, that claim shall be severed and may be litigated in California courts. All other Disputes shall be arbitrated. This subsection does not prevent participation in class-wide settlements.
(g) Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees unless the arbitrator finds that the Dispute or relief sought was frivolous or brought for an improper purpose. The prevailing party in any court action to compel arbitration may recover reasonable costs and attorneys' fees.
(h) Batch Arbitration. If 100 or more substantially similar Requests are filed within 30 days by or with the same law firm, JAMS shall administer them in batches of 100, with one arbitrator and one final award per batch ("Batch Arbitration"). This provision does not authorize class or mass arbitration.
(i) 30-Day Right to Opt Out. You may opt out of this Arbitration Agreement by sending written notice within 30 days to: 548 Market St. Suite 41440, San Francisco, California 94104, or email to contact@thunderbit.com. Your notice must include your name, address, and a clear opt-out statement.
(j) Invalidity, Expiration. If any part of this Arbitration Agreement is found invalid, it shall be severed and the remainder shall continue in full force. Any Dispute must be initiated within the applicable statute of limitations.
(k) Modification. If Company makes any future material change to this Arbitration Agreement, you may reject that change within 30 days by writing to the address above. Otherwise, continued use constitutes acceptance.
These Terms shall be governed by the laws of the State of California, United States, without regard to its conflict of law provisions. For matters not subject to arbitration, the exclusive jurisdiction shall be the courts located in San Francisco County, California.
You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of United States export laws or regulations. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.
Company shall not be liable for any delay or failure to perform resulting from events beyond Company's reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, riots, fire, flood, strikes, or failure of third-party providers.
You consent to receive communications from Company electronically. All electronic communications from Company satisfy any legal requirement for written communication.
These Terms, together with the Privacy Policy, any applicable DPA, and any additional terms referenced herein, constitute the entire agreement between you and us regarding the use of the Services. If any provision is held invalid, the remaining provisions remain in full force. Your relationship to Company is that of an independent contractor. These Terms may not be assigned by you without Company's written consent. Company may freely assign these Terms.
Company is located at the address in Section 16.12. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or (800) 952-5210.
Copyright © 2026 Thunderbit, Inc. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent.
Thunderbit, Inc. Attention: Legal Department 548 Market St. Suite 41440 San Francisco, California 94104 Email: contact@thunderbit.com
If you are located in the EEA, UK, or Switzerland:
(a) Consumer Rights. Nothing in these Terms affects your statutory consumer rights under applicable EU or national consumer protection laws.
(b) Right of Withdrawal. You may have the right to withdraw from a purchase within fourteen (14) days. By using the Services immediately after purchase, you acknowledge you may be waiving this right to the extent permitted by law.
(c) Data Protection. Your personal data will be processed in accordance with the GDPR and our Privacy Policy. You have the right to access, rectify, erase, restrict processing, port your data, and object to processing. Contact: contact@thunderbit.com.
(d) Digital Services Act. Company complies with the EU Digital Services Act (Regulation (EU) 2022/2065) to the extent applicable. Report illegal content at contact@thunderbit.com.
(e) EU AI Act. The AI Agent and AI Features may be subject to the EU Artificial Intelligence Act (Regulation (EU) 2024/1689). You are responsible for ensuring that your use of the AI Agent complies with the AI Act, including any applicable transparency, human oversight, and risk management obligations based on your specific use case.
(f) Arbitration Limitation. The arbitration provisions in Section 16.2 shall apply only to the extent permitted by the laws of your country of residence.
If you are a California resident:
(a) CCPA Rights. You have the right to know what personal information we collect, the right to request deletion, the right to opt out of sale, and the right to non-discrimination. Company does not sell personal information.
(b) California Civil Code Section 1542 Waiver. As set forth in Section 15.7.
If you are located in a jurisdiction with mandatory consumer protection laws that cannot be waived by contract, nothing in these Terms shall limit your rights under those laws. Where any provision conflicts with mandatory local law, the mandatory provision shall prevail.
Developers may access the Services through the API subject to Account registration and the applicable Subscription Plan. API access is governed by the API documentation published on the Site.
Each Developer is issued API keys that are unique to their Account. API keys are confidential and must not be shared, published, or embedded in client-side code. You are responsible for all activity conducted using your API keys. If you believe your API keys have been compromised, you must immediately rotate them and notify Company.
API and SDK usage is subject to rate limits and quotas as described in the API documentation and your Subscription Plan. Company may throttle or suspend API access if usage exceeds applicable limits or threatens Service stability.
Developers may build Developer Applications using the API and SDK. Developer Applications must: (a) comply with these Terms and the AUP; (b) accurately represent their relationship with Company (you may not imply endorsement or partnership); (c) include appropriate privacy notices for end users; and (d) implement reasonable security measures to protect API keys and user data.
In addition to the indemnification obligations in Section 12, Developers specifically indemnify Company against all claims arising from Developer Applications, including claims by end users of Developer Applications.
Company may update, modify, or deprecate API endpoints or SDK versions. Company will use commercially reasonable efforts to provide advance notice of breaking changes. Deprecated versions may be supported for a transition period as described in the API documentation.
The SDK is licensed under the terms specified in the SDK's license file. The SDK may include open source components licensed under their respective licenses.
Company targets reasonable API availability but does not guarantee uptime for any tier. For paid plans, Company may offer specific availability commitments as described on the Site.
This Section sets forth additional terms that apply to your use of the AI Agent and Automation Workflows.
The AI Agent is an automated tool provided by Company. Company provides the underlying technology; you direct the Agent through User Authorizations and Workflows. Company is not a party to any transaction, agreement, or interaction facilitated by the AI Agent. Company does not direct, control, or supervise the Agent's specific actions beyond providing the underlying technology.
(a) The AI Agent acts only pursuant to User Authorizations. You are responsible for defining the scope and limits of the Agent's authority.
(b) You may configure approval requirements for certain categories of Agent Actions (e.g., requiring confirmation before completing purchases) where such features are available.
(c) You may terminate any Agent Session at any time.
(d) You acknowledge that some Agent Actions may not be reversible once executed.
(e) You are responsible for monitoring Agent Sessions and reviewing their results.
(a) The AI Agent is your tool, not Company's agent acting on your behalf in the legal sense. Company is not your agent, broker, representative, or fiduciary.
(b) When the AI Agent interacts with Third-Party Services, it does so under your authorization and on your behalf. You, not Company, are the principal.
(c) Company has no duty to supervise, review, or approve the specific actions taken by the Agent during any Agent Session.
(a) When the AI Agent facilitates financial transactions (purchases, payments, bookings, subscriptions) on Third-Party Services, YOU are the buyer, subscriber, or payer. Company is not a party to those transactions.
(b) You are solely responsible for all financial obligations arising from Agent-facilitated transactions.
(c) Disputes about Agent-facilitated transactions must be resolved between you and the relevant Third-Party Service.
(d) Company is not responsible for refunds, chargebacks, or disputes related to Agent-facilitated transactions.
(a) When the AI Agent accepts terms of service, privacy policies, or other agreements on Third-Party Services during an Agent Session, YOU are bound by those terms.
(b) You are responsible for reviewing any terms that the Agent may accept on your behalf.
(c) Company is not responsible for your obligations under third-party terms accepted during Agent Sessions.
(a) The AI Agent may make errors including incorrect clicks, wrong data entry, failed navigation, misinterpretation of page content, or unintended actions.
(b) Third-Party Services may change their interfaces, which may cause the Agent to malfunction or produce unexpected results.
(c) You are responsible for monitoring Agent Sessions and implementing appropriate safeguards, particularly for high-value or high-risk operations.
(d) Company uses commercially reasonable efforts to improve Agent accuracy but does not guarantee error-free operation.
(a) You may store User Credentials in the Services to enable the Agent to access Third-Party Services on your behalf.
(b) User Credentials are encrypted at rest and transmitted securely.
(c) Company accesses User Credentials only to execute Agent Actions and Workflows as directed by you.
(d) You are responsible for ensuring that providing your credentials to the Services does not violate the terms of the relevant Third-Party Service.
(e) You may revoke stored User Credentials at any time through your Account settings.
(a) You are responsible for the design, testing, and consequences of your Automation Workflows.
(b) Scheduled or event-triggered Workflows execute without real-time human oversight. You should implement appropriate safeguards, particularly for Workflows that involve financial transactions or sensitive operations.
(c) Company may impose limits on Workflow execution frequency, duration, and complexity as described on the Site.
(a) Company may automatically throttle, pause, or terminate Agent Sessions that exhibit unusual behavior patterns, excessive resource consumption, or patterns indicative of errors.
(b) Company reserves the right to impose rate limits on Agent Actions to protect Third-Party Services and the overall Service infrastructure.
(c) Such throttling or pausing is not a breach of these Terms and does not entitle you to any remedy.
This Section sets forth additional terms that apply to your use of the Desktop App.
The Desktop App requires compatible hardware and operating system versions as described on the Site. Company does not guarantee compatibility with all system configurations.
The Desktop App requires system-level permissions including but not limited to file system access, network access, clipboard access, accessibility API access, and screen capture capabilities. You grant these permissions by approving the system prompts during installation and use. You may revoke certain permissions through your operating system settings, but this may affect the Desktop App's functionality.
The Desktop App includes auto-update functionality. Updates may be downloaded and installed automatically to ensure you have the latest features and security patches. You may disable auto-updates in the application settings, but you acknowledge that running outdated versions may affect functionality and security.
The Desktop App may store data locally on your device, including cached data, User Credentials, session information, and configuration files. You are responsible for the physical security of your device. Company is not responsible for unauthorized access to locally stored data resulting from compromise of your device.
The Desktop App is code-signed for security: notarized by Apple for macOS and digitally signed for Windows. The Desktop App may be distributed through direct download from the Site or through platform-specific stores. You should only download the Desktop App from official sources.
You may uninstall the Desktop App at any time through standard operating system procedures. Uninstallation removes the application files but may not remove all locally stored data. Instructions for complete data removal are available on the Site.
This Section sets forth additional terms that apply to your use of the Web Application.
The Web Application enables management and execution of Agent Sessions and Automation Workflows through Company's cloud infrastructure. Agent Sessions initiated through the Web Application execute on Company's servers.
You are responsible for managing your active sessions and ensuring that your Account is secured. You should log out of the Web Application when not in use, particularly on shared devices.
The Web Application is designed to work with current versions of major web browsers. Company does not guarantee compatibility with all browser versions or configurations.
Company uses commercially reasonable efforts to maintain the availability of the Web Application but does not guarantee uninterrupted access. Scheduled maintenance, infrastructure updates, and other factors may temporarily affect availability.
These Terms were last updated on February 26, 2026, and are effective as of April 1, 2026.