Terms and Conditions

1. Legal Conduct Requirements

As a user of our services, you are legally obligated to:

• • Comply with all applicable local, state, national, and international laws and regulations
• • Provide truthful, accurate, and complete information in all communications and submissions
• • Maintain confidentiality of proprietary information shared during service delivery
• • Respect intellectual property rights of Thundermoss and third parties
• • Report any suspected security vulnerabilities or unauthorized access promptly

2. Prohibited Activities and Behaviors

You expressly agree not to engage in any of the following prohibited activities:

• • Attempting to access, modify, or damage our systems, networks, or data without authorization
• • Transmitting viruses, malware, or any harmful code that could disrupt our services
• • Using automated systems to scrape, harvest, or extract data from our website
• • Reverse engineering, decompiling, or disassembling any aspect of our services
• • Engaging in fraudulent activities, misrepresentation, or deceptive practices
• • Harassing, threatening, or intimidating our staff or other users
• • Violating any third-party rights, including privacy, publicity, or intellectual property rights

3. Content Guidelines and Restrictions

When providing content, materials, or information to us, you must ensure that:

• • You own or have the necessary rights, licenses, and permissions for all content
• • Content does not contain defamatory, obscene, or offensive material
• • Content does not promote illegal activities or violate any laws
• • Content is free from viruses, malware, or other harmful elements

4. Age Restrictions and Requirements

Our services are intended for users who are at least 18 years old. By using our services, you represent and warrant that you are of legal age to form a binding contract. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.

1. Compliance with Laws and Regulations

You are solely responsible for ensuring that your use of our services complies with all applicable laws, regulations, and industry standards in your jurisdiction. This includes, but is not limited to, laws governing data protection, intellectual property, consumer protection, and electronic communications.

2. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Thundermoss, its affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of our services, your violation of these terms, your infringement of any third-party rights, or any breach of representations and warranties made by you.

3. Privacy and Data Protection

You acknowledge and agree that:

• • Your use of our services is subject to our Privacy Policy
• • You consent to the collection, use, and disclosure of your information as described in our Privacy Policy
• • You are responsible for maintaining the security of your account credentials
• • You will not collect or store personal data of other users without authorization

4. Third-Party Interactions

Your interactions with third parties through or in connection with our services are solely between you and such third parties. We are not responsible for any terms, conditions, warranties, or representations associated with such dealings. You should exercise caution and judgment when interacting with third parties.

1. Disclaimer of Warranties

THUNDERMOSS PROVIDES ITS SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to:

• • Implied warranties of merchantability and fitness for a particular purpose
• • Warranties of title and non-infringement
• • Warranties that services will be uninterrupted, secure, or error-free
• • Warranties regarding accuracy, reliability, or completeness of content or information

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THUNDERMOSS BE LIABLE FOR:

• • Any indirect, incidental, special, consequential, or punitive damages
• • Loss of profits, revenue, data, or business opportunities
• • Business interruption or loss of goodwill
• • Damages arising from unauthorized access to or alteration of your data
• • Damages resulting from errors, omissions, interruptions, or delays in services

Our total aggregate liability for all claims shall not exceed the greater of the amount you paid us in the twelve months preceding the claim or $92 USD.

3. Consequential Damages Exclusion

The foregoing limitations apply even if Thundermoss has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in their entirety.

4. Force Majeure Provisions

Thundermoss shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet failures, or other events constituting force majeure.

1. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. You consent to the exclusive jurisdiction and venue of courts in Auckland, New Zealand, for all disputes arising out of or relating to these terms or your use of our services.

2. Dispute Resolution Procedures

In the event of any dispute, controversy, or claim arising from these terms:

• 1. Informal Resolution: The parties agree to first attempt to resolve the dispute through good faith negotiations by providing written notice to the other party
• 2. Mediation: If informal negotiations fail, the parties may agree to non-binding mediation before a neutral mediator
• 3. Litigation: If mediation is unsuccessful or declined, either party may pursue legal action in the appropriate courts

3. Severability Clause

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these terms. The remaining provisions shall continue in full force and effect.

4. Terms Modification Policy

Thundermoss reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Changes become effective immediately upon posting to our website. Your continued use of our services following any modifications constitutes acceptance of the revised terms. It is your responsibility to review these terms periodically.

5. Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

6. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Thundermoss concerning your use of our services and supersede all prior agreements, understandings, and communications, whether written or oral.