Thumbi Terms of Service
Thumbi Terms of Service
Last Updated: September 13, 2025
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1. Introduction & Agreement to Terms
Welcome to Thumbi! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you") and Sivad Network Pty. Ltd. (ABN: 43608177135) ("Thumbi," "we," "us," "our") regarding your use of the thumbi.app website and its related services (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree with all of these terms, you are expressly prohibited from using the Service and must discontinue use immediately. These Terms should be read alongside our Privacy Policy, which governs how we handle your personal data.
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2. The Service
Thumbi is a web-based application that allows users to generate digital content using artificial intelligence. The Service includes:
A Thumbnail Generator for creating image thumbnails from user-uploaded content and text prompts.
An SEO Optimization Report Generator for analyzing YouTube metadata and providing optimization suggestions.
The Service uses Google's generative AI models to analyze user requests and produce a final output (e.g., a composited image or a text-based report), hereinafter referred to as "Generated Content."
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3. User Accounts & Responsibilities
Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service.
Account Security: You are responsible for all activities that occur under your account and for maintaining the confidentiality of your account credentials.
Prohibited Activities: You agree not to use the Service for any unlawful or harmful purpose, including but not limited to: uploading content you do not have the rights to use; generating illegal, defamatory, or hateful content; attempting to reverse-engineer the Service; or using the Service to create a competing product.
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4. Fees, Credits, and Payment
Paid Service: Access to the core features of the Service requires an active, paid subscription. We offer two subscription options, which provide a monthly allotment of credits that can be used to create Generated Content.
Credit Top-Ups: Users with an active subscription may purchase additional, non-recurring "top-up" credit packages at any time. The purchase of top-up credit packages is contingent upon maintaining an active subscription.
Billing: All fees are detailed on our pricing page. You agree to provide current and accurate payment information and authorize us to charge your chosen payment method for all purchases you make. All payments are processed through a secure third-party payment processor.
Credit Usage: Credits are non-transferable and are only valid for use on the Thumbi platform. Credits included with a monthly subscription will expire and reset at the end of each billing cycle. Credits purchased in top-up packages do not expire and will roll over, provided your account and subscription remain active.
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5. Refund Policy
Our refund policy is designed to be fair while protecting our business from the misuse of digital services.
Service Delivery: You acknowledge that the delivery of our service occurs at the moment Generated Content (such as a thumbnail or SEO report) is successfully produced by our system in response to your request. This is the point at which your credits are consumed.
Refund Eligibility: A refund for a credit purchase will only be issued under the following specific conditions:
The Service experiences a verifiable technical failure that makes it inoperable, preventing you from using your purchased credits.
You have purchased credits but have not generated any content.
No Refunds After Generation: To protect against misuse, no refund will be provided for any reason once any Generated Content has been successfully created using your credits. This applies regardless of whether you save or download the Generated Content. The act of successful generation constitutes the complete and irreversible delivery of the digital service you purchased.
Australian Consumer Law: This policy does not exclude or limit any rights or remedies you may have under the Australian Consumer Law (ACL).
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6. Product Delivery, Storage, and User Responsibility
No Server-Side Storage: You acknowledge and agree that Thumbi does not store your Generated Content on our servers.
Browser-Based Storage: Upon creation, Generated Content is stored temporarily in your local web browser's cache or temporary storage.
User Responsibility to Save: You are solely responsible for saving your Generated Content. The platform provides the necessary functions to download and save all Generated Content to your personal device. We strongly advise you to save your work immediately after generation.
Risk of Loss: If you clear your browser's cache, use a different browser or device, or if your browser's local storage is cleared for any reason, any unsaved Generated Content will be permanently lost. Thumbi is not liable for any loss of Generated Content due to your failure to save it or for any issues related to your local browser's storage.
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7. User Acknowledgement of AI-Generated Content
You understand and agree that the Generated Content produced by the Service is created by an artificial intelligence model. As such, the output may be unpredictable and may not always align with your expectations or prompts. You acknowledge that AI-generated content may contain inaccuracies, artifacts, or reflect biases from its training data. We are not responsible for any such output, and subjective dissatisfaction with the creative style, suggestions, or quality of the Generated Content is not grounds for a refund.
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8. Intellectual Property & Content Rights
Your Content: You retain all ownership rights to the images and text prompts you upload to the Service ("User Content"). You grant Thumbi a limited, non-exclusive, royalty-free license to use and process Your Content solely for the purpose of providing the Service to you.
Generated Content: You own the Generated Content you create. However, the legal landscape for AI-generated content can be complex. You are solely responsible for ensuring that your use of any Generated Content is lawful and does not infringe upon any third-party intellectual property rights.
Our Content: All rights, title, and interest in and to the Service itself (excluding Your Content and Generated Content), including its software, design, and branding, are and will remain the exclusive property of Sivad Network Pty. Ltd.
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9. Use of Data for AI Training
We are committed to your privacy and the confidentiality of your creative work. We will not use your uploaded images, text prompts, or the content you generate to train our or any third-party artificial intelligence models without your explicit, opt-in consent.
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10. Disclaimer of Warranties
The Service is provided "as is" and "as available." We make no warranties, whether express or implied, regarding the Service, including that it will be uninterrupted or error-free. You use the Service at your own risk.
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11. Limitation of Liability
To the maximum extent permitted by law, Sivad Network Pty. Ltd. will not be liable for any indirect, incidental, or consequential damages arising from your use of the Service. Our total liability to you for any claim will not exceed the amount you paid for the Service in the three (3) months preceding the claim. This limitation does not exclude or limit any rights or remedies you may have under the Australian Consumer Law.
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12. Indemnification
You agree to indemnify and hold harmless Sivad Network Pty. Ltd. from any claims, damages, or expenses (including legal fees) arising from your use of the Service or your violation of these Terms.
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13. Dispute Resolution
In the event of a dispute, you agree to first contact us to seek an informal resolution. If the dispute cannot be resolved informally, both parties agree that it shall be resolved by the courts having jurisdiction in Victoria, Australia.
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14. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.
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15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia.
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16. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page. By continuing to use the Service after revisions become effective, you agree to be bound by the revised Terms.
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17. Contact Us
If you have any questions about these Terms, please contact us through the contact form on our website at thumbi.app..