Terms of Service
THUNDER.AI
TERMS OF SERVICE
Effective Date: September 7, 2026
These Terms of Service ("Terms," "Agreement," or "Terms of Service") are entered into between FixGyver Solutions LLC, doing business as Thunder.AI ("Thunder.AI," "we," "us," or "our"), a Missouri limited liability company, and the person or legal entity purchasing, accessing, or using our services ("Client," "you," or "your").
These Terms govern your access to and use of Thunder.AI's websites, software, software-as-a-service offerings, artificial intelligence systems, websites, automation services, communication systems, phone agents, chatbots, lead-generation and qualification systems, appointment scheduling systems, review automation, maintenance services, consulting, implementation services, and other products or services that Thunder.AI may offer from time to time (collectively, the "Services").
By purchasing, accessing, subscribing to, or using any Services, you agree to these Terms. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.
If you do not agree to these Terms, you may not use the Services.
1. SERVICES
Thunder.AI provides technology, software, artificial intelligence, automation, marketing-support, communication, website, and related services primarily to businesses.
Services may include, without limitation:
Website design, development, hosting, and maintenance;
Website subscriptions;
Software and software-as-a-service access;
Artificial intelligence phone agents;
AI chatbots;
Lead-generation and lead-qualification systems;
Lead routing;
Appointment scheduling;
Automated customer communications;
Email and text-message automation;
Review-request and reputation-management automation;
Call handling and call-routing systems;
AI-powered business workflows;
Marketing automation;
Custom automations and integrations;
Setup and implementation services;
Consulting and project-based services;
Maintenance and support;
Usage-based communications, including calls and text messages; and
Other technology or automation services that Thunder.AI may introduce.
Not every Service will be available to every Client.
Thunder.AI may change, add, remove, discontinue, or modify Services from time to time.
Specific Services, features, pricing, implementation requirements, usage limits, subscription periods, and other commercial terms may be described in a proposal, order form, statement of work ("SOW"), subscription agreement, service agreement, invoice, checkout page, or other written agreement between Thunder.AI and Client.
2. ORDER OF PRECEDENCE
These Terms apply generally to all Services.
However, if Client and Thunder.AI enter into a separate written agreement, proposal, SOW, subscription agreement, or other signed agreement that expressly addresses a specific subject and conflicts with these Terms, the more specific written agreement will control with respect to that subject.
Unless expressly stated otherwise, a separate agreement does not waive or modify the remaining provisions of these Terms.
3. ELIGIBILITY AND AUTHORITY
You represent and warrant that:
You are legally capable of entering into a binding agreement;
You are at least 18 years old;
If you are entering into this Agreement on behalf of a business or other organization, you have authority to bind that organization;
The information you provide to Thunder.AI is accurate and complete; and
You will use the Services only for lawful business purposes.
4. ACCOUNTS AND ACCESS
Certain Services may require Client to create or maintain an account or provide Thunder.AI with access to third-party accounts.
Client is responsible for:
Maintaining the confidentiality of account credentials;
Restricting unauthorized access;
Providing accurate account information;
Promptly notifying Thunder.AI of suspected unauthorized access; and
All activity occurring through Client-controlled accounts, except to the extent caused by Thunder.AI's own unauthorized conduct.
Client must not share account credentials with unauthorized individuals or allow unauthorized persons to access the Services.
Thunder.AI may require authentication, security measures, or changes to credentials where reasonably necessary to protect the Services or Client information.
5. FEES, PRICING, AND PAYMENT
Fees may be structured as:
One-time project fees;
Setup or implementation fees;
Monthly subscription fees;
Recurring service fees;
Website subscription fees;
Software subscription fees;
Maintenance fees;
Usage-based fees;
Call or text-message usage fees;
Consulting or project fees;
Custom quoted fees; or
Other pricing structures specified in a written agreement or order.
Some Services may have publicly displayed pricing while others may be custom quoted.
Unless otherwise stated in a written agreement, all fees are due according to the applicable invoice, checkout terms, subscription terms, or other applicable payment arrangement.
Thunder.AI may require a valid payment method to begin or continue Services.
By providing a payment method for recurring Services, Client authorizes Thunder.AI or its authorized payment processor to charge applicable recurring fees, usage charges, taxes, and other amounts properly due under the Agreement.
Thunder.AI may use third-party payment processors, including providers such as Stripe or Square. Thunder.AI generally does not directly store full payment-card information when that information is processed by a third-party payment processor.
6. RECURRING SUBSCRIPTIONS
Where Services are provided on a recurring basis, the subscription will continue and automatically renew for successive billing periods unless canceled in accordance with the applicable agreement.
The applicable subscription agreement, order, proposal, or checkout terms may specify:
Billing frequency;
Billing date;
Minimum commitment;
Required cancellation notice;
Renewal period;
Usage limits;
Included usage;
Overage or usage charges; and
Other subscription conditions.
If no separate billing schedule is specified, recurring fees may generally be charged at the beginning of the applicable billing period.
Client remains responsible for all fees incurred before cancellation becomes effective.
7. FAILED PAYMENTS AND LATE PAYMENTS
If a payment fails, Thunder.AI may attempt to process the payment method again.
Client generally will have up to 30 days to cure a failed payment unless a shorter period is reasonably necessary to protect Thunder.AI from fraud, security risks, substantial resource usage, or other material risk.
Thunder.AI may suspend or restrict Services during a payment delinquency.
Thunder.AI may charge reasonable late fees, interest, collection costs, payment-processing fees, or other lawful charges disclosed to Client, subject to applicable law and any applicable written agreement.
Client is responsible for reasonable costs incurred by Thunder.AI in collecting undisputed overdue amounts to the extent permitted by law.
8. CANCELLATION AND REFUNDS
Client may cancel recurring Services when permitted by the applicable agreement and after providing any required notice.
Unless a separate written agreement provides otherwise:
Cancellation prevents future recurring charges after the cancellation becomes effective;
Fees already paid are generally nonrefundable;
Partial billing periods are generally not prorated or refunded;
Setup, implementation, development, customization, usage, and completed project fees are generally nonrefundable once incurred; and
Cancellation does not eliminate amounts already owed.
Nothing in these Terms limits any refund or cancellation right that cannot lawfully be waived.
9. FREE TRIALS, DEMOS, AND CONSULTATIONS
Thunder.AI may offer free trials, demonstrations, consultations, promotional periods, or other introductory offers.
Thunder.AI may establish specific terms for each offer, including:
Eligibility requirements;
Duration;
Included features;
Usage limitations;
Payment-method requirements;
Conversion to a paid subscription;
Cancellation requirements; and
Other applicable conditions.
Unless expressly stated otherwise, a free trial or demonstration does not create a guarantee that a Client will receive any particular business, financial, marketing, lead-generation, sales, or other result.
Thunder.AI may modify, discontinue, or restrict promotional offers at any time.
10. WEBSITE SUBSCRIPTION AND OWNERSHIP
10.1 Thunder.AI Owns the Website
Unless a separate written agreement expressly states otherwise, all websites created, configured, developed, hosted, or provided by Thunder.AI remain the sole property of Thunder.AI.
Client's payment for website setup, development, subscription, hosting, maintenance, or related Services does not transfer ownership of the website to Client.
This includes, without limitation:
Website source code;
Website architecture;
Templates;
Frameworks;
Layout systems;
Design systems;
Reusable components;
Website functionality;
Custom development created from Thunder.AI's systems;
Automation integrations;
Backend systems;
Hosting configurations;
Technical infrastructure;
Proprietary tools;
Proprietary workflows;
Reusable scripts;
Prompts;
AI configurations;
Internal systems; and
Thunder.AI's underlying technology and know-how.
10.2 Client's Subscription Right
Subject to Client's payment of all applicable fees and compliance with this Agreement, Thunder.AI grants Client a limited, revocable, non-exclusive, non-transferable right to use the applicable Thunder.AI-provided website during the period covered by the Client's active subscription or other applicable agreement.
The right to use the website is a service right or license, not a transfer of ownership.
10.3 End of Subscription
When the applicable website subscription or agreement ends, Client's right to use the Thunder.AI-owned website may terminate, subject to the applicable agreement and any legally required rights.
Thunder.AI may disable, remove, suspend, redirect, or otherwise discontinue the website after termination, subject to any applicable contractual obligations.
Client is responsible for maintaining its own copies of Client-owned content that it wishes to retain.
10.4 Client Content
Client retains ownership of materials that Client independently owns and provides to Thunder.AI, including, where applicable:
Logos;
Business names;
Photographs;
Videos;
Written content;
Product information;
Business information;
Trademarks;
Customer information; and
Other Client-provided materials.
Client grants Thunder.AI the rights reasonably necessary to host, reproduce, modify, transmit, display, process, and otherwise use Client content solely as necessary to provide the Services and perform the Agreement.
10.5 No Implied Transfer
No ownership interest in Thunder.AI's technology, platform, website systems, code, templates, workflows, or other proprietary materials transfers to Client unless Thunder.AI expressly agrees to such transfer in a separate written agreement.
11. INTELLECTUAL PROPERTY
Thunder.AI retains all right, title, and interest in and to its proprietary technology and intellectual property, including:
Thunder.AI's name, branding, trademarks, and logos;
Software;
Platforms;
Websites and website systems;
Code;
Templates;
Frameworks;
Designs;
Automations;
Workflows;
Prompts;
AI configurations;
Documentation;
Processes;
Internal tools;
Methods;
Systems;
Integrations;
General know-how;
Improvements; and
Other proprietary technology.
Client may not copy, reproduce, resell, sublicense, distribute, reverse engineer, decompile, disassemble, extract, commercially exploit, or create derivative works from Thunder.AI's proprietary technology except as expressly permitted in writing.
Thunder.AI may reuse general knowledge, techniques, systems, templates, workflows, components, concepts, and non-confidential know-how developed while providing Services, provided that Thunder.AI does not disclose Client's confidential information or Client-owned content.
12. AI-GENERATED DELIVERABLES AND OUTPUTS
Thunder.AI may use artificial intelligence and machine-learning technologies when providing Services.
AI-generated outputs may include text, images, audio, summaries, recommendations, responses, code, classifications, lead information, customer communications, scheduling information, and other content.
To the extent that applicable law permits Thunder.AI to transfer or assign rights in a particular AI-generated deliverable, and subject to Client's payment obligations, Thunder.AI may grant or assign applicable rights to Client in deliverables specifically created for Client.
However, this does not transfer ownership of:
Thunder.AI's underlying technology;
Prompts;
Systems;
Workflows;
Templates;
Software;
Platforms;
Models;
Integrations;
General methods;
Reusable components;
Pre-existing intellectual property; or
Third-party technology or materials.
AI-generated material may also be subject to rights or restrictions imposed by third-party AI providers or applicable law.
13. AI OUTPUT DISCLAIMER
Client acknowledges that artificial intelligence systems are probabilistic technologies and may produce:
Incorrect information;
Incomplete information;
Outdated information;
Inconsistent results;
Hallucinated or fabricated information;
Misinterpretations;
Biased or inappropriate output;
Unexpected responses;
Incorrect classifications;
Incorrect scheduling;
Incorrect routing;
Missed information;
Incorrect transcriptions;
Incorrect customer communications; or
Other errors.
Thunder.AI does not guarantee that AI-generated content or AI-powered Services will always be accurate, complete, reliable, appropriate, uninterrupted, or suitable for Client's particular purpose.
Client is responsible for reviewing important AI-generated information and determining whether it is appropriate before relying upon it where human review is reasonably necessary.
AI Services should not be relied upon as a substitute for professional judgment.
Unless expressly agreed otherwise in writing, Thunder.AI Services are not intended to provide legal, medical, financial, tax, accounting, emergency, or other licensed professional advice.
14. AI PHONE AGENTS AND AUTOMATED COMMUNICATIONS
Thunder.AI may provide AI-powered phone agents, voice systems, chatbots, SMS systems, email systems, and other automated communications.
Client understands that automated communication systems may:
Misunderstand callers;
Misinterpret requests;
Provide inaccurate information;
Fail to recognize unusual situations;
Fail to schedule or route a lead correctly;
Miss a call or message;
Experience technical interruptions;
Generate unexpected responses;
Fail to recognize a request to stop communications; or
Produce other unintended results.
Client is responsible for determining how its AI agents are configured and used within the scope of the Services.
15. COMMUNICATIONS AND TELEMARKETING COMPLIANCE
Client is responsible for ensuring that its use of Thunder.AI's phone, SMS, email, and other communication Services complies with all applicable laws and regulations.
This includes, as applicable:
The Telephone Consumer Protection Act ("TCPA");
Federal Communications Commission rules;
Do-Not-Call requirements;
State telemarketing laws;
Calling-time restrictions;
Consent requirements;
Recording-consent requirements;
SMS/text-message requirements;
Opt-out requirements;
Email marketing laws;
Privacy laws;
Consumer-protection laws; and
Industry-specific requirements.
Where applicable, Client is responsible for obtaining and maintaining appropriate consent before initiating communications.
Client is also responsible for providing legally required disclosures, identifying the calling entity where required, providing required opt-out mechanisms, and honoring requests to stop communications.
The FCC has specifically determined that calls initiated using AI-generated or artificial voices fall within applicable TCPA restrictions concerning artificial or prerecorded voice calls.
Thunder.AI does not guarantee that a particular campaign, script, workflow, AI agent, or communication strategy complies with every law applicable to Client's particular business, location, industry, audience, or campaign.
Client should obtain qualified legal advice where necessary.
16. CALL RECORDINGS AND DISCLOSURES
Where Services involve recording or transcription of telephone calls, Client is responsible for determining whether disclosure and consent are required under applicable federal or state law.
Client is responsible for configuring its Services appropriately and providing required notices or disclosures to callers.
Client must not use Thunder.AI Services to secretly record communications when doing so would violate applicable law.
17. ACCEPTABLE USE
Client may use the Services only for lawful purposes.
Client may not use the Services to:
Violate any law or regulation;
Commit fraud or facilitate fraudulent activity;
Conduct scams or deceptive schemes;
Send unlawful spam;
Conduct unlawful telemarketing;
Harass, threaten, stalk, or abuse another person;
Impersonate another person or entity unlawfully;
Distribute malware or malicious code;
Conduct phishing or credential theft;
Facilitate identity theft;
Infringe intellectual-property rights;
Collect or process information unlawfully;
Conduct unlawful surveillance;
Facilitate discrimination or unlawful denial of services;
Circumvent security controls;
Reverse engineer proprietary systems;
Interfere with the Services;
Attempt unauthorized access;
Abuse communication systems;
Generate or distribute unlawful content;
Use the Services for illegal activity;
Use AI agents to deceive people about material facts where such deception is unlawful;
Use the Services to impersonate government officials, emergency personnel, financial institutions, or other persons or organizations for fraudulent purposes; or
Engage in conduct that creates a material legal, security, reputational, or operational risk to Thunder.AI or others.
Thunder.AI may immediately suspend or restrict Services where it reasonably believes that Client's use presents a serious risk of fraud, illegal activity, abuse, security compromise, harm, or violation of this Agreement.
18. CLIENT RESPONSIBILITIES
Client is responsible for:
Providing accurate information;
Providing lawful and authorized content;
Maintaining appropriate account access;
Reviewing important automated outputs;
Configuring Services appropriately;
Obtaining necessary customer consent;
Providing required disclosures;
Complying with applicable laws;
Maintaining appropriate internal policies;
Reviewing communications before deployment when appropriate;
Maintaining appropriate backups of Client-owned information;
Maintaining control of Client's third-party accounts;
Ensuring Client's employees and contractors comply with these Terms; and
Using reasonable judgment when relying on automated systems.
Client represents that it has all rights, permissions, licenses, consents, and legal authority necessary for Thunder.AI to process and use information and materials Client provides.
19. CLIENT DATA AND CUSTOMER INFORMATION
Client may provide Thunder.AI with information belonging to Client's customers, employees, leads, prospects, or other individuals.
Client is responsible for ensuring that it has a lawful basis and all required permissions to provide such information to Thunder.AI and to use Thunder.AI's Services to process it.
Client is responsible for determining whether notice, consent, disclosure, authorization, or other legal requirements apply to its use of customer information.
Thunder.AI may process Client data as necessary to provide the Services and in accordance with Thunder.AI's Privacy Policy and any applicable written data-processing terms.
Where Client is acting as the business determining the purposes and means of processing personal information and Thunder.AI is acting on Client's behalf, the parties may have controller/business and processor/service-provider roles under applicable privacy law.
20. THIRD-PARTY SERVICES
Thunder.AI may integrate with or rely upon third-party products and services, including:
Payment processors;
Cloud providers;
Artificial intelligence providers;
Communications providers;
Hosting providers;
Analytics providers;
CRM systems;
Automation platforms;
Search engines;
Social-media platforms;
Email providers;
SMS providers;
Telephony providers; and
Other technology providers.
Third-party services may include providers such as OpenAI, Anthropic, Google, Microsoft, Cloudflare, Stripe, Square, GoHighLevel, and other providers that Thunder.AI may use or replace.
Thunder.AI does not control third-party services and is not responsible for third-party outages, policy changes, security incidents, pricing changes, API changes, discontinued products, service limitations, or other third-party conduct except to the extent liability cannot legally be excluded.
Thunder.AI may change, replace, add, or remove third-party providers when reasonably necessary to operate, improve, secure, or maintain the Services.
Client may be required to agree to a third party's terms before using certain integrations.
21. SERVICE AVAILABILITY
Thunder.AI does not provide a formal uptime service-level agreement unless a separate written agreement expressly provides one.
Thunder.AI does not guarantee that Services will:
Always be available;
Operate without interruption;
Operate without errors;
Remain available at a particular speed;
Remain compatible with every third-party system;
Remain unchanged;
Be free of bugs; or
Be available during every requested period.
Thunder.AI may temporarily suspend Services for:
Maintenance;
Security updates;
System upgrades;
Emergency repairs;
Investigation of security incidents;
Third-party outages;
Legal requirements;
Infrastructure changes; or
Other operational reasons.
22. MODIFICATIONS TO SERVICES
Thunder.AI may modify, improve, replace, add, or remove features from the Services.
Technology changes rapidly, particularly with artificial intelligence and third-party APIs. Accordingly, Thunder.AI does not guarantee that a particular feature, AI model, integration, workflow, or capability will remain available indefinitely.
Where commercially reasonable, Thunder.AI will attempt to provide reasonable notice of material changes affecting an ongoing paid Service.
23. SUSPENSION AND TERMINATION BY THUNDER.AI
Thunder.AI may suspend or terminate Client's access to Services if:
Client fails to pay amounts due;
Client materially breaches this Agreement;
Client violates applicable law;
Client engages in fraud;
Client abuses the Services;
Client creates a security risk;
Client misuses AI systems;
Client uses the Services for prohibited purposes;
Client's use creates material legal or regulatory risk;
Client exceeds reasonable resource limits;
A third-party provider requires suspension;
Continued service becomes impractical or unlawful; or
Thunder.AI discontinues the applicable Service.
Where appropriate, Thunder.AI may provide notice and an opportunity to cure before termination.
Thunder.AI may suspend Services immediately where delay would create a material security, legal, fraud, abuse, or safety risk.
24. TERMINATION BY CLIENT
Client may terminate Services according to the applicable proposal, SOW, subscription agreement, or other written agreement.
If the applicable agreement does not specify a termination process, Client may provide written notice of cancellation.
Termination does not eliminate Client's obligation to pay amounts incurred before the effective termination date.
Client remains responsible for any minimum commitment, notice period, implementation fee, usage charge, or other obligation expressly agreed to in a separate written agreement.
25. EFFECT OF TERMINATION
Upon termination:
Client's right to access applicable Services may end;
Recurring charges will cease when cancellation becomes effective;
Amounts already owed remain due;
Client's right to use Thunder.AI-owned websites and technology may end;
Thunder.AI may disable applicable accounts and Services;
Data will be handled in accordance with the Privacy Policy and applicable agreement; and
Provisions that by their nature should survive termination will remain in effect.
Thunder.AI may retain information when reasonably necessary for legal compliance, fraud prevention, dispute resolution, security, accounting, legitimate business purposes, or other purposes permitted by applicable law.
26. CONFIDENTIALITY
Each party may receive confidential or proprietary information belonging to the other party.
Each party agrees to use reasonable care to protect confidential information and not disclose it except:
To employees, contractors, or service providers who need it to perform the applicable obligations;
As required to provide the Services;
With authorization;
As required by law;
To protect legal rights or safety; or
As otherwise permitted by this Agreement.
Confidential information does not include information that is publicly available through no breach of this Agreement, was already lawfully known, is independently developed, or is lawfully received from another source without a confidentiality obligation.
27. TESTIMONIALS, LOGOS, AND MARKETING
Thunder.AI will not automatically use Client's name, logo, testimonial, case study, or other identifying business information in marketing solely because Client uses the Services.
Thunder.AI may use such materials where Client has provided appropriate permission or where otherwise legally authorized.
Client may separately agree to participate in a testimonial, case study, review, referral, or marketing program.
28. NO GUARANTEE OF BUSINESS RESULTS
Thunder.AI does not guarantee:
A specific number of leads;
A specific number of appointments;
Increased revenue;
Increased profits;
Increased conversion rates;
Increased reviews;
Increased rankings;
Increased website traffic;
A particular return on investment;
A particular number of calls;
A particular number of customers;
Elimination of missed calls;
Elimination of missed leads;
Error-free scheduling;
Error-free AI output;
Uninterrupted service; or
Any particular business outcome.
Client's business results depend on numerous factors outside Thunder.AI's control.
Any examples, estimates, projections, demonstrations, case studies, or statements concerning potential results are illustrative and do not constitute guarantees.
29. WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THUNDER.AI DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THUNDER.AI DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, OR SUITABLE FOR EVERY PURPOSE.
THUNDER.AI DOES NOT WARRANT THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, UNBIASED, OR ERROR-FREE.
Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
30. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THUNDER.AI AND FIXGYVER SOLUTIONS LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR:
Lost profits;
Lost revenue;
Lost business opportunities;
Lost customers;
Lost leads;
Lost data;
Business interruption;
Loss of goodwill;
Loss resulting from AI errors;
Loss resulting from incorrect automated communications;
Loss resulting from scheduling errors;
Loss resulting from third-party services;
Loss resulting from website downtime;
Loss resulting from telecommunications failures; or
Similar economic or consequential losses.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THUNDER.AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO THUNDER.AI FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
If Client has paid no fees during that period, Thunder.AI's maximum aggregate liability will be limited to the maximum amount permitted by applicable law.
Nothing in this section excludes liability that cannot legally be excluded or limited.
31. CLIENT INDEMNIFICATION
To the maximum extent permitted by law, Client agrees to defend, indemnify, and hold harmless Thunder.AI, FixGyver Solutions LLC, and their owners, officers, employees, contractors, and service providers from claims, damages, liabilities, losses, penalties, costs, and reasonable attorneys' fees arising from or relating to:
Client's breach of this Agreement;
Client's unlawful use of the Services;
Client's violation of privacy laws;
Client's violation of telemarketing, SMS, calling, recording, or communications laws;
Client's failure to obtain required consent;
Client's customer or prospect data;
Client-provided content;
Client's infringement of another party's intellectual-property rights;
Client's misuse of AI systems;
Client's communications campaigns;
Client's products or services;
Client's fraudulent, deceptive, abusive, or unlawful conduct; or
Claims arising from Client's instructions or materials provided to Thunder.AI.
This indemnification obligation does not apply to the extent a claim is finally determined to have resulted solely from Thunder.AI's gross negligence, willful misconduct, or other liability that cannot legally be shifted to Client.
32. DISPUTE RESOLUTION
The parties agree to first attempt in good faith to resolve disputes informally through direct communication.
If a dispute cannot be resolved informally, the parties agree, to the maximum extent permitted by law, to resolve the dispute through individual binding arbitration, rather than through a court proceeding, except where applicable law permits or requires a matter to be brought in court.
The arbitration will be conducted on an individual basis.
The arbitrator will have authority to award the same types of individual relief that a court could award under applicable law.
Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction where necessary to protect intellectual property, confidential information, security, or other rights that may require immediate protection.
This arbitration provision does not apply to claims that applicable law prohibits the parties from requiring to be arbitrated.
33. CLASS ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIENT AND THUNDER.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
The parties waive any right to participate in such proceedings to the maximum extent permitted by applicable law.
If this waiver is found unenforceable with respect to a particular claim, that claim will proceed subject to applicable law.
34. GOVERNING LAW
These Terms and the relationship between Client and Thunder.AI will be governed by the laws of the State of Missouri, without regard to conflict-of-law principles, except to the extent federal law or mandatory law applicable to Client cannot legally be displaced.
Where court proceedings are legally permitted, the parties consent to jurisdiction in courts having appropriate jurisdiction in Missouri, subject to any applicable federal jurisdiction requirements.
35. ELECTRONIC AGREEMENTS AND SIGNATURES
Client agrees that electronic acceptance, electronic signatures, online checkout, account creation, clicking an acceptance button, written electronic confirmation, or other electronic conduct may constitute acceptance of these Terms.
Missouri law generally recognizes electronic records, electronic contracts, and electronic signatures and does not deny them legal effect solely because they are electronic.
Client agrees that electronic records may be used to document agreements, notices, invoices, approvals, and other transactions.
36. CHANGES TO THESE TERMS
Thunder.AI may update these Terms from time to time.
Updated Terms may be posted on the Thunder.AI website and may also be communicated by email or other reasonable means when appropriate.
The updated Terms will become effective on the stated effective date.
If a material change requires additional notice or consent under applicable law, Thunder.AI will provide such notice or obtain such consent as required.
Continued use of the Services after the effective date of updated Terms constitutes acceptance to the extent permitted by law.
A separate written agreement may establish different procedures for changes to that agreement.
37. PRIVACY
Thunder.AI's collection and handling of personal information is governed by the Thunder.AI Privacy Policy, as amended from time to time.
The Privacy Policy is incorporated into these Terms by reference where applicable.
Where a separate written agreement contains specific data-processing terms, those terms will control to the extent of any conflict.
38. DATA PROCESSING AND AI PROVIDERS
Thunder.AI may use third-party technology providers, including AI providers, to provide the Services.
Client acknowledges that information submitted through Services may be processed by Thunder.AI and authorized service providers as necessary to provide the Services, subject to applicable agreements and the Privacy Policy.
Client is responsible for determining whether its particular use of the Services requires additional contractual protections, disclosures, consents, or data-processing terms.
Where required, the parties may enter into a separate data-processing agreement or other privacy addendum.
39. THIRD-PARTY LINKS AND SERVICES
The Services may contain links to or integrations with third-party services.
Thunder.AI does not control third-party websites, products, services, policies, or practices.
Client's use of third-party services may be subject to separate terms and privacy policies.
Thunder.AI is not responsible for third-party services except to the extent required by applicable law.
40. FORCE MAJEURE
Thunder.AI will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including:
Internet outages;
Telecommunications failures;
Cloud-service outages;
AI-provider outages;
API failures;
Cyberattacks;
Natural disasters;
Severe weather;
Fire;
Government action;
War;
Terrorism;
Labor disputes;
Power outages;
Infrastructure failures;
Changes in law;
Regulatory action; or
Other events beyond Thunder.AI's reasonable control.
41. ASSIGNMENT
Client may not assign or transfer this Agreement or its rights under the Agreement without Thunder.AI's prior written consent, except where applicable law requires otherwise.
Thunder.AI may assign this Agreement to an affiliate, successor, purchaser, or entity acquiring substantially all of Thunder.AI's relevant business or assets.
42. NO PARTNERSHIP OR AGENCY
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or agency relationship between Client and Thunder.AI.
Neither party has authority to bind the other unless expressly authorized in writing.
43. SEVERABILITY
If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be modified or limited to the minimum extent necessary to make it enforceable where legally permitted.
The remaining provisions will continue in full force and effect.
44. WAIVER
Failure by Thunder.AI to enforce any provision of these Terms does not constitute a waiver of that provision or Thunder.AI's right to enforce it later.
A waiver must be expressly provided in writing.
45. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any applicable proposal, SOW, subscription agreement, order form, invoice, or other written agreement between the parties, constitute the agreement between Client and Thunder.AI regarding the applicable Services.
These Terms supersede prior discussions concerning the same subject matter except where a separate written agreement expressly provides otherwise.
46. SURVIVAL
Provisions that by their nature should survive termination will survive, including provisions concerning:
Payment obligations;
Intellectual property;
Website ownership;
Confidentiality;
Disclaimers;
Limitation of liability;
Indemnification;
Dispute resolution;
Arbitration;
Class-action waiver;
Governing law; and
Other provisions intended to survive termination.
47. NOTICES
Notices to Thunder.AI may be sent to:
FixGyver Solutions LLC d/b/a Thunder.AI
Missouri, USA
Email: [email protected]
Thunder.AI may provide notices to Client through email, the Client's account, the Services, the Thunder.AI website, or another reasonable method.
Client is responsible for maintaining an accurate email address and contact information.
48. CONTACT
Questions regarding these Terms may be directed to:
FixGyver Solutions LLC d/b/a Thunder.AI
Missouri, USA
Email: [email protected]
49. ACKNOWLEDGMENT
BY ACCESSING, PURCHASING, SUBSCRIBING TO, OR USING THUNDER.AI SERVICES, CLIENT ACKNOWLEDGES THAT CLIENT HAS READ, UNDERSTANDS, AND AGREES TO THESE TERMS OF SERVICE.
Effective Date: September 7, 2026
FixGyver Solutions LLC d/b/a Thunder.AI
IMPORTANT BUSINESS-SPECIFIC WEBSITE PROVISION
For clarity, the central website business model is:
Thunder.AI owns the website. The Client subscribes to use the website.
Unless a separate written agreement expressly says otherwise, payment of website development, setup, hosting, maintenance, or subscription fees does not transfer website ownership to the Client.
The Client's subscription provides a contractual right to use the website and associated Services while the subscription remains active and the Client remains in compliance with the applicable agreement.
This structure is intended to allow Thunder.AI to build, maintain, improve, and reuse its website technology and systems across multiple customers while providing each customer with a functioning website as a recurring service.