Last Updated: Dec 3, 2025

Effective Date: Dec 3, 2025

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Welcome to Thunderhead AI LLC. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Thunderhead AI ("Company," "we," "us," or "our") governing your access to and use of the Thunderhead AI platform, including our website, applications, APIs, and related services (collectively, the "Service").

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PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE. BY ACCESSING OR USING THE SERVICE, CREATING AN ACCOUNT, OR CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

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If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

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1. Description of Service

 

1.1 Service Overview

Thunderhead AI is an AI-powered lead response platform designed for small trade businesses. The Service provides automated lead capture, qualification, and response across multiple communication channels including SMS, email, and web forms.

 

1.2 Service Features

Subject to these Terms and your selected subscription plan, the Service includes:

• AI-powered lead response and qualification

• Multi-channel lead capture (SMS, email, web forms)

• Unified conversation management dashboard

• Business rules and response configuration

• Analytics and reporting

• Third-party integrations (Twilio, Mailgun, etc.)

 

1.3 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control.

 

2. Account Registration, Security, Messaging (SMS)

 

2.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information to maintain its accuracy.

 

2.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. The Service is intended for business use only.

 

2.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials

• All activities that occur under your account

• Notifying us immediately of any unauthorized access or security breach

We are not liable for any loss or damage arising from unauthorized access to your account.

 

2.4 Account Restrictions

You may not:

• Share your account credentials with unauthorized parties

• Create multiple accounts to circumvent Service limitations

• Transfer or assign your account without our prior written consent

 

2.5 Messaging & Consent

By submitting your phone number or communicating with us via SMS, you consent to receive communications from Thunderhead AI, LLC. Message and data rates may apply. You may opt out of SMS communications at any time by replying STOP.

 

3. Subscription Plans and Fees

 

3.1 Subscription Plans

We offer the following subscription plans:

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Basic

Standard plan for small teams with enhanced features and higher volume limits

 

Pro

Advanced plan for growing businesses with full feature access and priority support

 

Current pricing and detailed plan features are available on our website at thunderhead.ai/pricing.

 

3.2 Billing and Payment

• Billing Cycle: All subscriptions are billed monthly in advance on a recurring basis.

• Payment Method: Payments are processed securely through Stripe. You authorize us to charge your designated payment method for all subscription fees.

• Billing Date: Your subscription begins on the date of your initial payment. Subsequent payments are due on the same calendar day each month.

• Failed Payments: If a payment fails, we will attempt to process the payment again. If payment cannot be collected after multiple attempts, your account may be suspended or terminated.

 

3.3 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Service, except for taxes based on our net income.

 

3.4 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increase. Price changes will take effect at the start of your next billing cycle following the notice period.

 

4. Cancellation and Refund Policy

 

4.1 Cancellation by Customer

You may cancel your subscription at any time through your account settings or by contacting support@getthunderhead.com.

• Effective Date: Cancellation takes effect at the end of your current billing period.

• Continued Access: You will retain access to the Service until the end of your paid billing period.

• No Proration: We do not provide prorated refunds for partial billing periods.

 

4.2 No Refunds

ALL FEES ARE NON-REFUNDABLE. Once a payment has been processed, no refunds will be issued for any reason, including:

• Unused subscription time

• Partial month cancellations

• Dissatisfaction with the Service

• Failure to use the Service

• Account termination for Terms violations

By subscribing to the Service, you acknowledge and agree to this no-refund policy.

 

4.3 Cancellation by Company

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms

• Non-payment of fees

• Fraudulent or illegal activity

• Abuse of the Service or other users

If we terminate your account for cause, you are not entitled to any refund of prepaid fees.

 

4.4 Effect of Termination

Upon cancellation or termination:

• Your access to the Service will end

• Your data will be retained for 90 days, after which it may be permanently deleted

• You may request an export of your data before termination

• Any outstanding fees become immediately due and payable

 

5. Acceptable Use Policy

 

5.1 Permitted Use

You may use the Service only for lawful business purposes in accordance with these Terms. The Service is intended for lead management and customer communication for legitimate trade businesses.

 

5.2 Prohibited Conduct

You agree not to:

Communication Abuses

• Send unsolicited bulk messages (spam)

• Send messages to recipients who have opted out or not consented

• Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar regulations

• Use the Service for telemarketing without proper consent

Illegal Activities

• Use the Service for any illegal purpose or to promote illegal activities

• Transmit content that infringes intellectual property rights

• Engage in fraudulent or deceptive practices

• Violate any applicable local, state, national, or international law

Technical Abuses

• Attempt to gain unauthorized access to the Service or related systems

• Interfere with or disrupt the Service or servers

• Reverse engineer, decompile, or disassemble any part of the Service

• Use automated systems (bots, scrapers) to access the Service without permission

• Circumvent usage limits or security measures

Content Violations

• Transmit viruses, malware, or harmful code

• Upload or transmit content that is defamatory, obscene, or offensive

• Impersonate any person or entity

• Collect or store personal data about others without authorization

 

5.3 Compliance with Communication Laws

You are solely responsible for ensuring your use of the Service complies with all applicable communication laws and regulations, including:

• Telephone Consumer Protection Act (TCPA)

• CAN-SPAM Act

• State and local telemarketing laws

• Industry-specific regulations

We provide tools to help with compliance, but compliance is ultimately your responsibility.

 

5.4 Enforcement

We reserve the right to investigate violations and take appropriate action, including:

• Warning or suspending your account

• Removing offending content

• Terminating your account

• Reporting illegal activity to law enforcement

 

6. Intellectual Property

 

6.1 Our Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, logos, and documentation, is owned by Thunderhead AI and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Service solely for your internal business purposes during your subscription term.

You may not:

• Copy, modify, or distribute any part of the Service

• Use our trademarks without prior written consent

• Remove any copyright or proprietary notices

 

6.2 Your Content

You retain ownership of all data and content you upload to the Service ("Customer Data"). By using the Service, you grant us a limited license to use Customer Data solely to:

• Provide and improve the Service

• Generate AI responses on your behalf

• Comply with legal obligations

 

6.3 Aggregated Data

We may collect and use aggregated, anonymized data derived from your use of the Service for analytics, benchmarking, and Service improvement. This data will not identify you or your customers.

 

6.4 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us an unrestricted, perpetual, royalty-free license to use and incorporate such feedback without compensation or attribution.

 

7. Third-Party Services and Integrations

 

7.1 Third-Party Services

The Service integrates with third-party services including Twilio (SMS/voice), Mailgun (email), and Stripe (payments). Your use of these services is subject to their respective terms and conditions.

 

7.2 Third-Party Terms

You agree to comply with all applicable third-party terms, including:

• Twilio Acceptable Use Policy

• Mailgun Acceptable Use Policy

• Stripe Services Agreement

 

7.3 No Endorsement

Integration with third-party services does not imply our endorsement. We are not responsible for the performance, availability, or content of third-party services.

 

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE

• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED RESPONSES

• WARRANTIES THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS

You acknowledge that AI-generated responses may contain errors or inaccuracies. You are responsible for reviewing and approving all communications sent through the Service.

 

9. Limitation of Liability

 

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THUNDERHEAD AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES

• COST OF SUBSTITUTE SERVICES

• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE

• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

9.2 Cap on Liability

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• (A) THE TOTAL FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR

• (B) ONE HUNDRED U.S. DOLLARS ($100).

 

9.3 Basis of the Bargain

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN US. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

 

10. Indemnification

You agree to indemnify, defend, and hold harmless Thunderhead AI and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service

• Your violation of these Terms

• Your violation of any applicable laws or regulations

• Your violation of third-party rights

• Communications sent through the Service on your behalf

• Claims by your customers or leads related to communications sent through the Service

 

11. Dispute Resolution

 

11.1 Governing Law

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

 

11.2 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at legal@thunderhead.ai to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

 

11.3 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• The arbitration shall be conducted in English

• The arbitration shall take place in Wilmington, Delaware, or remotely via video conference at the arbitrator's discretion

• The arbitrator's decision shall be final and binding

• Judgment on the arbitration award may be entered in any court of competent jurisdiction

 

11.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You waive any right to participate in a class action lawsuit or class-wide arbitration against Thunderhead AI.

 

11.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

 

12. General Provisions

 

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Thunderhead AI regarding the Service and supersede all prior agreements and understandings.

 

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

 

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

 

12.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of war or terrorism, labor disputes, government actions, or internet service disruptions.

 

12.6 Notices

We may provide notices to you via email to the address associated with your account or through the Service interface. You may provide notices to us at legal@thunderhead.ai.

 

12.7 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms with a new "Last Updated" date

• Sending you an email notification

• Displaying a notice within the Service

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

 

13. Contact Information

If you have questions about these Terms, please contact us:

Thunderhead AI LLC

Email: legal@getthunderhead.com

Support: support@getthunderhead.com

 

By using the Thunderhead AI Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.