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Terms of Service

Last Updated: January 10, 2025

1. Introduction

Welcome to Thatch Software, Inc. (“Company,” “we,” “our,” or “us”). We’re delighted you’re here! These Terms of Service (the “Terms”) apply to your use of our website located at https://trythatch.com and our mobile application Thatch (collectively, the “Service”), which are operated by Thatch Software, Inc.

Our Privacy Policy also governs your use of our Service. Please take a moment to read these Terms and the Privacy Policy (together, the “Agreements”) carefully. By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by the Agreements.

If you do not agree with (or cannot comply with) the Agreements, you may not use the Service. If you have any questions, please let us know by emailing us at legal@trythatch.com so we can try to address any concerns.

2. Communications

By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information that we may send. However, you may opt out of receiving any or all of these communications by following the unsubscribe link in our emails or by contacting us at legal@trythatch.com.

3. Purchases

If you wish to purchase any product or service available through the Service (“Purchase”), you may be required to provide certain information relevant to your Purchase, including but not limited to:

  • Your credit card number
  • The expiration date of your credit card
  • Your billing address
  • Your shipping information

You represent and warrant that:

  • You have the legal right to use any payment method you provide; and
  • The information you supply to us is true, correct, and complete.

We may use third-party services to facilitate payment and manage Purchases. By submitting your information, you grant us the right to provide this information to these third parties, subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time, for reasons including but not limited to product or service availability, inaccuracies in the description or pricing, errors in your order, or if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (“Promotions”) made available through the Service may be governed by rules separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If there is a conflict between the Promotion rules and these Terms, the Promotion rules will prevail.

5. Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”), which may be monthly or annually depending on the plan you choose.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or we do. You can cancel your Subscription renewal at any time through your online account management page or by contacting our customer support team at legal@trythatch.com.

A valid payment method is required to process the payment for your Subscription. You agree to provide Thatch Software, Inc. with accurate billing information, including your full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you authorize Thatch Software, Inc. to charge all Subscription fees incurred through your account.

If automatic billing fails for any reason, Thatch Software, Inc. will issue an electronic invoice so you can complete the payment manually within a certain deadline.

6. Free Trial

We may, at our sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). You may be required to enter your billing information to sign up.

If you do enter billing information for a Free Trial, you won’t be charged until the Free Trial has expired. On the last day of the Free Trial, unless you’ve canceled your Subscription, you will be charged the Subscription fees for the type of Subscription you selected.

We reserve the right to modify the Terms of Service for our Free Trial offer or cancel such an offer at any time, without notice.

7. Fee Changes

Thatch Software, Inc., in its sole discretion and at any time, may modify Subscription fees. Any change in Subscription fees will become effective at the end of the then-current Billing Cycle.

We will give you reasonable prior notice of any fee change, allowing you time to cancel your Subscription before the new fee takes effect. Your continued use of the Service after the fee change constitutes your agreement to pay the updated Subscription amount.

8. Refunds

Except when required by law, all paid Subscription fees are non-refundable.

9. Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that:

  • You own or have the right to use the Content, and to grant us the rights and license set forth in these Terms; and
  • The posting of your Content on the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

You retain any and all of your rights to the Content you submit. However, by posting Content using the Service, you grant Thatch Software, Inc. a worldwide, non-exclusive, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. This license also allows other users of the Service to access your Content, subject to these Terms.

Thatch Software, Inc. reserves the right (but not the obligation) to monitor and edit all user-provided Content. Content found on or through the Service is the property of Thatch Software, Inc. or used with permission. You may not reuse, republish, or otherwise exploit said Content without express prior written permission from us.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates national or international laws or regulations.
  • For exploiting, harming, or attempting to exploit or harm minors by exposing them to inappropriate content or otherwise.
  • To transmit unsolicited advertising or promotional material, such as spam or chain letters.
  • To impersonate the Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes on the rights of others, or is illegal, fraudulent, or harmful.
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which may harm the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair it.
  • Use any robot, spider, or other automatic device to scrape or monitor the Service without our prior consent.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Introduce any malicious or technologically harmful material, such as viruses or trojans.
  • Attempt to gain unauthorized access to the Service, its servers, or connected databases.
  • Attack the Service via a denial-of-service or distributed denial-of-service attack.
  • Take any action that may damage or falsify our rating or reputation.
  • Otherwise attempt to interfere with the proper working of the Service.

11. Analytics

We may use third-party service providers to monitor and analyze usage of our Service, including but not limited to Google Analytics, Fathom Analytics, Clicky, and Mixpanel. Their respective privacy policies govern how these third parties use your data.

12. No Use By Minors

The Service is intended only for individuals who are at least eighteen (18) years old. By accessing or using our Service, you represent and warrant that you are at least eighteen (18) and have the legal capacity to enter into these Terms. If you do not meet this requirement, you are prohibited from both accessing and using the Service.

13. Accounts

When creating an account with us, you must ensure that all information provided is accurate, complete, and current. Inaccurate or incomplete information may result in the termination of your account.

You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You must notify us immediately if you become aware of any breach of security or unauthorized use of your account.

You may not use a username that is the name of another person or entity, or one that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

14. Intellectual Property

Except for Content provided by users, the Service and its original content, features, and functionality are and will remain the exclusive property of Thatch Software, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of the United States. Our trademarks may not be used in connection with any product or service without our prior written consent.

15. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of others.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your rights, please submit your claim via email to dmca@trythatch.com with the subject line: “Copyright Infringement”. Your claim should include a detailed description of the alleged infringement according to the DMCA Notice requirements set forth below.

You may be held liable for damages for misrepresenting or making bad-faith claims regarding any alleged infringement.

16. DMCA Notice and Procedure for Copyright Infringement Claims

Notifications pursuant to the Digital Millennium Copyright Act (DMCA) must include:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
  • A description of the copyrighted work that you claim has been infringed, or a copy of the copyrighted work.
  • Identification of the URL or specific location on the Service where the material you claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send the notification to: dmca@trythatch.com.

17. Indemnification

You agree to defend, indemnify, and hold harmless Thatch Software, Inc. and its officers, directors, employees, contractors, agents, licensors, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any Content you post, any use of the Service’s content and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

18. Error Reporting and Feedback

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, and other matters related to our Service (“Feedback”) by emailing legal@trythatch.com or through third-party tools. You acknowledge and agree that:

  • You do not retain any intellectual property right or other right in or to the Feedback.
  • Company may already have similar ideas under development.
  • Feedback does not contain confidential or proprietary information from you or any third party.
  • Company is not under any obligation of confidentiality with respect to the Feedback.

Where ownership transfer of Feedback is not possible, you grant Thatch Software, Inc. an exclusive, transferable, irrevocable, royalty-free, sub-licensable, perpetual license to use and commercialize the Feedback in any manner and for any purpose.

19. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Thatch Software, Inc. We do not control these third-party sites and assume no responsibility for their content, privacy policies, or practices. You acknowledge and agree that Thatch Software, Inc. shall not be responsible or liable for any damage or loss arising from your use of or reliance on such third-party content, goods, or services. We strongly advise you to read the Terms and Privacy Policies of any third-party websites you visit.

20. Disclaimer of Warranty

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Thatch Software, Inc. makes no representations or warranties of any kind, express or implied, regarding the operation or availability of the Service, or the information, content, or materials included therein. You expressly agree that your use of the Service is at your sole risk.

Neither Thatch Software, Inc. nor any person associated with Thatch Software, Inc. makes any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Service. We disclaim all warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.

21. Limitation of Liability

Except as prohibited by law, you agree to hold Thatch Software, Inc. and its officers, directors, employees, and agents harmless from any indirect, punitive, special, incidental, or consequential damage arising out of or in connection with this Agreement. This includes attorneys’ fees, litigation costs, or any claim for personal injury or property damage arising from your use of the Service.

If liability is found on the part of Thatch Software, Inc., it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.

22. Dispute Resolution; Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions.

Binding Arbitration

Any dispute arising under or relating to these Terms, or your use of the Service (including any statutory claims), will be resolved by binding arbitration in the State of Delaware before a single arbitrator, rather than in a court, except that you may assert claims in small-claims court if your claims qualify. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Class Action Waiver

You and Thatch Software, Inc. each agree that any proceeding to resolve or litigate any dispute shall be conducted solely on an individual basis, and that neither party shall seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

23. Force Majeure

Thatch Software, Inc. will not be liable or responsible for any failure or delay in the performance of its obligations under these Terms when such failure or delay is caused by events beyond its reasonable control, including but not limited to internet failures, strikes, labor disputes, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services.

24. Termination

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or for any other reason at our sole discretion. If you wish to terminate your account, you may simply stop using the Service.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

25. Changes to the Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.

26. Amendments to Terms

We may amend these Terms by posting an updated version on this site. It is your responsibility to review the Terms periodically for changes. Your continued use of the Service following the posting of revised Terms means that you accept and agree to them. If you do not agree to the new terms, you are no longer authorized to use the Service.

27. Waiver and Severability

No waiver by Thatch Software, Inc. of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term or condition. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court or tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary. The remaining provisions of these Terms will continue in full force and effect.

28. Acknowledgement

By using our Service, you acknowledge that you have read these Terms of Service and agree to be bound by them.

29. Contact Us

We’d love to hear your thoughts, feedback, or if you have any technical issues! Please reach out to us by: