Terms of Service

These Terms of Service (this “Agreement”) constitute a legally binding contract between ThymoFox, Inc., a Delaware corporation (“ThymoFox,” “we,” “us,” “our”) and you with respect to your use of our websites, mobile applications and online services, including without limitation our website(s) accessible at [URL] (collectively, the “Service”).

BY ACCESSING OR USING THE SERVICE OR BY OTHERWISE INDICATING YOUR ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” OR ANY SIMILAR MECHANISM, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

BE ADVISED THAT THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY THAT MAY BE APPLICABLE TO YOU.

1. Changes to this Agreement

We reserve the right to, at any time, with or without cause:

• change the terms and conditions of this Agreement;
• change the Service, including without limitation eliminating or discontinuing any service or other feature of the Service or using different URL(s) to provide the Service; and
• deny or terminate your use of and/or access to the Service.

You must accept all changes in order to continue to use and access the Service. Your access to or use of the Service after such changes constitutes your agreement to such changes. We will attempt to notify you of any material changes to the terms and conditions of this Agreement. If you do not accept such changes, your use and/or access to the Service will be terminated.

2. Use of the Service

We reserve the right to decline to provide the Service to any person for any or no reason. If and when you provide information to ThymoFox, you agree to: (A) provide accurate, current, and complete information as prompted (including without limitation your contact information), and (B) maintain and update your information to keep it accurate, current, and complete. By providing ThymoFox with your email address or other contact information, you consent to our use of this information to send you Service-related notices and other administrative notices, including without limitation any notices required by any applicable law, statute, rule, ordinance, code, order or regulation of any government or quasi-government authority (“Applicable Law”).

You represent and warrant that you have the full right, power, and authority to enter into and perform this Agreement without the consent or approval of any third party.

3. Rules Governing Your Use of the Service

You may not use the Service, or assist or encourage any other party to use the Service, to engage in any activity that ThymoFox deems objectionable, including without limitation any of the following prohibited activities:

• Copying, framing or mirroring any part of the Service;
• Accessing the Service for purposes of monitoring its availability, performance, or functionality;
• Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Service or any part thereof, except to the extent expressly permitted or required by any applicable law, statute, rule, ordinance, code, order or regulation of any government or quasi-government authority (“Applicable Law”) provided that you first give prior written notice to ThymoFox;
• Attempting to disrupt, degrade, impair or violate the integrity or security of the Service or the computers, services, accounts or networks of any other party (including without limitation “hacking,” “denial of service” attacks, etc.), including without limitation any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of ThymoFox internet protocol space;
• Distributing or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
• Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to ThymoFox than a human can reasonably produce in the same period of time by using a conventional web browser;
• Taking any action that imposes, or may impose, as we determine in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
• Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
• Violating any Applicable Law or encouraging any conduct that could lead to such a violation, constitute a criminal offense or give rise to civil liability;
• Removing any copyright, trademark or other proprietary or intellectual property right notices contained in or on the Service; and/or
• Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

Improper use of the Services may result in civil or criminal liabilities to you or the termination of access by us to the Services.

4. Intellectual Property

A. Your Rights. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for your own internal use. ThymoFox reserves all rights not expressly granted herein in the Service. Except as expressly set forth herein, no rights or licenses are granted to you under this Agreement, whether by implication, estoppel or otherwise.

B. ThymoFox Rights.

• User Content License. You expressly grant, and you represent and warrant that you have all rights necessary to grant, to ThymoFox a royalty-free, fully paid-up, fully sublicensable (through multiple tiers of sublicensees), fully transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, distribute, modify, reproduce, publicly display, publicly perform and create derivative works of all information, data, materials, and content you provide to ThymoFox (collectively, “User Content”), and ThymoFox will be free to use and exploit such User Content without obligation or liability to you, financial or otherwise, for the purposes of (i) providing the Service, (ii) marketing, selling or otherwise providing products and services using the Service, or (iii) developing, maintaining, supporting or improving the Service. You agree that all User Content is non-confidential and may be used, collected, stored, shared, or otherwise exploited by us or on our behalf without limitation, including without limitation in order to provide the Service. ThymoFox aggregates User Content with other data and also collects technical information and data about your use of the Service. You expressly agree that ThymoFox may use any aggregated and anonymized data for any purpose during or after the term of this Agreement, including without limitation to develop and improve the Service or otherwise develop and improve ThymoFox services and products.

C. Proprietary Rights. The Service is owned and operated by ThymoFox, and the Service (and all intellectual property and other rights relating thereto) is and will remain the property of ThymoFox. The Service is protected by U.S. and international copyright, trademark and other Applicable Laws, and you acknowledge that these rights are valid and enforceable. The Service may be used by you solely to the extent expressly permitted in this Agreement. Use of the Service by you for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Service. The trademarks, trade names, service marks, brands, logos, and trade dress displayed on the Service (collectively, the “ThymoFox Trademarks”) are the registered and unregistered intellectual and proprietary property of ThymoFox and/or others. Nothing contained in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any ThymoFox Trademark(s) without the express written permission of ThymoFox or the third-party owner of any such ThymoFox Trademark.

D. User Content. You are solely responsible for any User Content that you submit, post, or display on or via the Service. Without limitation to the restrictions set forth in Section 3, you represent and warrant that: (i) you own the User Content or otherwise have the right to grant the rights and licenses set forth in this Agreement; (ii) the use of your User Content does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) the User Content does and will comply with Applicable Law. You acknowledge and agree that your relationship with ThymoFox is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place ThymoFox in a position that is any different from the position held by members of the general public, including without limitation with regard to your User Content.

5. Third-Party Links

The Service may contain links to other websites or third-party services for your convenience. We do not control the linked websites or services or the content provided through such websites or services, and we have not reviewed such websites or services. Your use of linked websites or services is subject to the privacy policies and terms of use established by the specific linked website or service, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or service or any material contained on any linked website or service, and we disclaim any such approval or endorsement.

6. Competency

You hereby affirm that you are at least 18 years old and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and comply with this Agreement.

7. Privacy Policy

Your use of the Service shall be subject to ThymoFox’s Privacy Policy (the “Privacy Policy”), which can be accessed at: [https://thymofox.com/privacy-policy]. You expressly consent to the practices described in the Privacy Policy. ThymoFox reserves the right to modify the Privacy Policy in its discretion from time to time. Access to or use of the Service after any such changes shall constitute your agreement to such changes.

8. Term & Termination

This Agreement is effective from the date on which you first access the Service and shall remain effective until terminated in accordance with its terms. ThymoFox may immediately terminate this Agreement, and/or your access to and/or use of the Service, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. ThymoFox may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement, your right to access and use the Service shall immediately cease and you shall cease all access to and use of the Service. In the event of termination of this Agreement for any reason, Sections 1, 2, 3, 4(B)-(D), and 5–14 shall survive, except that you shall no longer have any right to access or use the Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or any part or portion thereof. Nothing in this Agreement shall be construed to obligate ThymoFox to maintain and support the Service, or any part or portion thereof, during the term of this Agreement.

9. Disclaimers

THE SERVICE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-TO-DATE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, OR ANY INFORMATION, MATERIAL, OR CONTENT ACCESSIBLE USING THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON.

10. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER THYMOFOX NOR ANY OF ITS AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. THYMOFOX’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED TEN DOLLARS ($10).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to fully indemnify, defend (at ThymoFox’s request), and hold harmless ThymoFox, our agents, successors, and assigns, and our and their directors, officers, employees, consultants and other representatives (collectively, the “ThymoFox Parties”) from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (A) your actual or alleged breach of this Agreement; (B) any allegation that any User Content or other materials you submit to us or transmit to the Service infringe, misappropriate, or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other right of any third party; (C) your activities in connection with the Service or any other website to which the Service is linked; (D) your negligence or willful misconduct; (E) your use of the results, content, data, or information provided via the Service; (F) any service or product offered by you in connection with or related to your use of the Service; and/or (G) your violation of any Applicable Law.

12. Jurisdictional Issues

ThymoFox makes no representation that the Service operates (or is legally permitted to operate) in all geographic areas or that the Service is appropriate or available for use in other locations. Accessing the Service from territories where the Service or any content or functionality of the Service or portion thereof is illegal is expressly prohibited. If you choose to access the Service, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all Applicable Laws. The Service is operated from the United States. If you are located outside of the United States and choose to use the Service or provide your User Content to us, your User Content will be transferred, processed, and stored in the United States. U.S. privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this Agreement or your submission of your User Content in connection with the Service represents your agreement to this practice. If you do not want your User Content transferred to or processed or stored in the United States, you should not use the Service.

13. Choice of Law and Forum

This Agreement shall be governed by, and construed and interpreted in accordance with applicable federal law, and the laws of the State of [Florida] without regard to conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. The parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts for [St. Petersburg, Florida], and you consent to the exclusive jurisdiction of the federal or state courts for [St. Petersburg, Florida].

14. Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect, and such provision will be reformed in a manner to effectuate the original intent of the parties as closely as possible and remain enforceable. If such reformation is not possible in a manner that is enforceable, then such term will be severed from the remaining terms, and the remaining terms will remain in effect. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by ThymoFox posting such changes, waivers or modifications within the Services. If any employee of ThymoFox offers to modify this Agreement, he or she is not acting as an agent for ThymoFox or speaking on ThymoFox’s behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of ThymoFox or anyone else purporting to act on ThymoFox’s behalf. This Agreement is between you and ThymoFox; there are no third-party beneficiaries. You are responsible for compliance with all Applicable Laws, including without limitation United States export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Neither this Agreement nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with ThymoFox’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. ThymoFox may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. ThymoFox shall not be in breach of this Agreement nor liable for any delay in performing, or failure to perform, any of its obligations under this Agreement, if such delay or failure result from events, circumstances or causes beyond its reasonable control. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly stated otherwise, legal notices shall be served, in the case of ThymoFox, at [NOTICE INFORMATION] or, in your case, to contact information you choose to provide us. Notice to you shall be deemed given 24 hours after the e‑mail is sent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.