Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Thumbformance website and services (the “Service”). By accessing or using the Service, you agree to these Terms.

If you do not agree, do not use the Service.

Contact: support@thumbformance.com

1. The Service

The Service provides tools for creators and teams, including research and workflows for thumbnails, titles, hooks, scripts, metadata, keyword research, previews, and performance insights.

No affiliation. The Service is not affiliated with, endorsed by, or sponsored by YouTube, Google, or any other third party.

2. Eligibility and Accounts

You must be at least 13 years old (or the minimum legal age in your country) to use the Service.

You are responsible for:

• maintaining the confidentiality of your account,
• all activity under your account,
• providing accurate information and keeping it up to date.

We may suspend or terminate accounts that violate these Terms or pose security/legal risks.

3. Your Content and Privacy of Uploads

“User Content” means content you upload, generate, or create in the Service (including images, thumbnails, assets, projects, text, prompts, and notes).

Ownership. You own your User Content.

Private by default. Your uploads and projects are private by default and not publicly displayed unless you choose to share them through features we provide.

4. License You Grant to Us

To operate the Service, you grant us a limited, non-exclusive, worldwide license to host, store, reproduce, process, and display your User Content solely for the purpose of providing and improving the Service, including:

• saving and rendering projects,
• generating exports and previews,
• processing inputs for generator features you request,
• preventing abuse and ensuring safety.

You may revoke this license by deleting your content or closing your account, subject to technical and legal retention requirements.

5. Acceptable Use

You agree not to:

• use the Service for unlawful activities,
• upload content that infringes intellectual property or privacy rights,
• attempt to access other users’ data or accounts,
• interfere with or disrupt the Service (including scraping, botting, or bypassing protections),
• reverse engineer, decompile, or attempt to extract source code except where permitted by law.

6. AI and Data-Driven Features

Some features may use automated systems to generate suggestions or outputs based on your inputs and other signals. Outputs may be inaccurate or incomplete. You are responsible for reviewing and deciding what to publish or use.

We do not guarantee results, including views, revenue, CPM, rankings, or channel growth.

7. Subscriptions, Trial, and Billing

Paid access may require a subscription. Billing is handled by our payment processor (Stripe). By subscribing, you authorize recurring charges according to your chosen plan and billing interval.

Trial. If you start a trial, your trial may convert to a paid subscription unless canceled before the trial ends (depending on your plan settings and checkout flow). Trial availability and rules may change over time.

8. Credits

Some features use credits. Credits:

• are not legal tender and have no cash value,
• are non-transferable unless we explicitly allow it,
• are not refundable except where required by law,
• reset according to your plan’s billing cycle (for example, monthly),
• do not roll over unless explicitly stated.

We may change credit costs, allowances, and included features, and will provide notice when practical.

9. Cancellations

You can manage or cancel your subscription using the billing management tools we provide (for example, a billing portal). If you cancel, access may continue until the end of the current paid period, depending on your plan and billing provider settings.

10. Third-Party Services

The Service may integrate with third-party services (for example: authentication providers, payment providers, data providers). Your use of those services may be governed by their own terms and policies.

11. Disclaimer of Warranties

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the fullest extent permitted by law:

• we will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill;
• our total liability for any claim relating to the Service will not exceed the amount you paid to us for the Service in the three (3) months before the event giving rise to the claim (or €50 if you have not paid).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if your use poses risk, or if required by law. We may also discontinue the Service or parts of it.

14. Governing Law; International Users

International use. The Service is operated from Germany and may be accessed globally, including the United States and the United Kingdom. You are responsible for complying with applicable local laws.

Governing law. These Terms are governed by the laws of Germany, without regard to conflict-of-law rules. If you are a consumer, you may also benefit from mandatory protections under the laws of your country of residence.

15. Changes to These Terms

We may update these Terms from time to time. We will update the “Last updated” date. If changes are material, we may provide additional notice. Continued use of the Service after changes means you accept the updated Terms.