Terms of Service

By accessing, browsing, registering for, downloading, installing, updating, or otherwise using the thump! mobile application and any related services or features (collectively, the “Service”), you agree to be bound by these Terms and by our Privacy Policy, each as updated from time to time. If you do not agree, you must not access or use the Service.

The Company may modify, supplement, or replace these Terms at any time, in its sole discretion. Material changes will be indicated by updating the “Last Updated” date or by other reasonable means. Your continued use of the Service following any update constitutes acceptance of the updated Terms.

• You must be at least eighteen (18) years of age, or such higher age as required in your jurisdiction, to create an account or otherwise use the Service.
• You must have the legal capacity to enter into a binding contract.
• You may not use the Service if you have been previously suspended, terminated, prohibited, or otherwise restricted by the Company, or if doing so would violate any law applicable to you.
• The Company may, in its sole discretion, refuse access, decline registration, or terminate accounts at any time.

thump! is a technology platform that facilitates the discovery, coordination, scheduling, and participation opportunities for recreational and competitive sports activities, games, meetups, and related events (each, an “Event”), including but not limited to basketball, soccer, volleyball, softball, baseball, football, pickleball, tennis, running, bowling, badminton, and other sports or fitness activities.

The Company does not organize, supervise, control, endorse, guarantee, certify, vet, background-check, identity-verify, referee, coach, staff, or insure any Event, host, participant, team, coach, venue, facility, equipment, conduct, attendance, or off-platform interaction. The Company is not a party to any arrangement, agreement, dispute, or transaction between or among users, except as expressly and narrowly stated in these Terms with respect to in-app payment processing facilitated through third-party payment processors.

The Service may make available different Event configurations, including public Events (visible in the discovery feed and joinable instantly), join-upon-acceptance Events (requiring host approval), and private Events accessible only via a host-issued access code. The Company has no control over to whom a host distributes any access code, invitation, link, or off-platform communication, and assumes no responsibility for any consequence of such distribution.

Any role the Company plays is solely that of a neutral technology provider. The Service is provided as a convenience and is informational and coordinational in nature only. The Company may, at any time and in its sole discretion, add, modify, restrict, gate behind feature flags, geographically limit, or remove any feature, configuration, signal, or functionality of the Service.

Athletic and fitness activities are inherently dangerous and may involve, without limitation, physical contact, exertion, falls, collisions, equipment malfunction, defective or unsafe playing surfaces, weather conditions, lighting, travel to and from venues, exposure to other persons, communicable diseases, intentional or negligent acts of third parties, and other unknown or unforeseeable risks. You acknowledge that you have evaluated and accepted these risks.

To the maximum extent permitted by law, you hereby release, waive, discharge, and covenant not to sue the Company and its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and successors (collectively, the “Released Parties”) from any and all claims, demands, liabilities, damages, losses, costs, and expenses, of every kind and nature, whether known or unknown, arising out of or related to your use of the Service, any Event, or the conduct of any user.

Safety-related features of the Service—including but not limited to user profiles, ratings, reliability signals, host tools, attendance indicators, identity references, and notifications—are informational only and do not guarantee safety, suitability, skill, identity, conduct, attendance, or any outcome.

You are solely responsible for determining whether you are physically and medically fit to participate in any Event. The Company does not provide medical advice, training advice, supervision, first aid, emergency response, or athletic instruction of any kind. You should consult with a qualified medical professional before engaging in any physical activity. Stop participating immediately and seek medical attention if you experience pain, distress, or injury.

• You agree to provide and maintain accurate, current, and complete information in connection with your account, including a valid mobile phone number and, where collected, a valid email address, date of birth, and home location.
• Account creation and authentication may rely on third-party services for SMS one-time-passcode delivery, email one-time-passcode delivery, and federated identity (such as Google or Apple sign-in). Your use of those services is subject to the applicable third party’s terms and privacy practices, and the Company is not responsible for delivery failures, delays, intercepts, or unauthorized access attributable to such services or to your carrier, device, or email provider.
• You are responsible for safeguarding your login credentials, your phone number, your email address, your one-time passcodes, and any device on which the Service is installed. You are solely responsible for all activity that occurs under your account, whether or not authorized by you.
• You agree to notify the Company promptly of any unauthorized access, lost or compromised credentials, or suspected breach of security.
• The Company may, in its sole discretion and at any time, reclaim usernames, require additional verification (including identity, age, or payment-instrument verification), refuse account creation, deactivate, throttle, geographically restrict, shadow-limit, or impose any other limitation on any account.
• The Service is intended for adults aged eighteen (18) and older. You represent and warrant that you are at least eighteen (18) years of age (or such higher age as required by your jurisdiction) and that you have the legal capacity to enter into and be bound by these Terms.

You agree not to engage in, encourage, or facilitate any of the following:

• any unlawful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, discriminatory, hateful, stalking, or impersonating conduct;
• cheating, manipulation of ratings, attendance, host tools, waitlists, lobbies, scoring, or any other platform feature;
• spam, unsolicited promotion, unauthorized commercial activity, or use of the Service for purposes outside its intended use;
• scraping, crawling, mining, harvesting, indexing, reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Service;
• circumventing or attempting to circumvent any suspension, restriction, or rate limit;
• posting inaccurate, misleading, or fraudulent Event information, pricing, skill level, availability, location, capacity, or attendance;
• conduct that creates or could create a safety risk, harms other users, or harms the integrity of the Service.

The Company may investigate suspected violations and take any action it deems appropriate, including warnings, content removal, account suspension, deactivation, termination, geographic restriction, or referral to law enforcement, in each case in its sole discretion and without prior notice.

“User Content” means any content you submit, post, upload, transmit, or display through the Service, including profile information, photos, messages, Event listings, ratings, reviews, and feedback.

You retain ownership of your User Content. By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, cache, use, copy, reproduce, modify, adapt, translate, publish, publicly display, publicly perform, distribute, and create derivative works of such User Content for the operation, improvement, promotion, marketing, analysis, security, and protection of the Service and the Company’s business. This license survives termination of your account with respect to User Content already submitted.

You represent and warrant that you have all rights necessary to grant the foregoing license and that your User Content does not violate any law or third-party right.

The Company has no obligation to monitor, pre-screen, edit, store, preserve, or remove any User Content, but may do so at any time, in its sole discretion, without notice and without liability.

The Service may include ratings, scores, badges, reliability indicators, recommendations, attendance metrics, rankings, peer-feedback prompts, swipe-based rating flows, behavioral and reliability scores (including, without limitation, the score the Service may refer to as “BPM”), tier labels, color-coded indicators, and other signals (collectively, “Platform Signals”). Platform Signals are informational only. They may be generated by automated algorithms, weighted user input, internal heuristics, attendance and cancellation history, host actions, anti-abuse dampeners, provisional multipliers, time-windowed rating periods, and other inputs, any of which may be inaccurate, incomplete, delayed, biased, mis-attributed, modified, suspended, capped, floored, removed, or unavailable at any time, with or without notice.

Without limiting the foregoing, no Platform Signal — including BPM, any tier label, any progress indicator, any reliability or trust signal, any host-visible color or score, or any related artifact — constitutes a representation, warranty, or guarantee of any user’s identity, age, fitness, skill, intent, character, conduct, attendance, safety, or any past or future behavior. Hosts and participants must exercise their own independent judgment.

You acknowledge and agree that you have no ownership, vested right, expectation, or contractual entitlement in any Platform Signal, score, badge, ranking, visibility level, distribution, recommendation outcome, or related artifact. The Company may, in its sole discretion, change, recalculate, retroactively adjust, suspend, freeze, or remove any Platform Signal, scoring methodology, weight, multiplier, threshold, or related logic at any time, with or without notice.

Hosts are solely responsible for the Events they create, including without limitation Event descriptions, accuracy of all Event details, rules, fees, prices, schedules, dates, times, locations, venue arrangements, capacity caps, minimum-player thresholds, equipment, supervision, first aid, waivers, insurance, permits, licenses, taxes, and compliance with all applicable federal, state, local, venue, league, association, and governmental laws, rules, and requirements. Hosts are solely responsible for any access code, invitation, or off-platform communication they distribute in connection with a private Event.

Where a host designates an Event as “paid externally” or otherwise collects payment outside the Service (for example, in cash or via a third-party peer-to-peer payment app), the Company is not a party to that transaction, does not process or hold any funds, makes no representation regarding the host’s right or ability to collect such payment, and bears no responsibility for any dispute, refund, tax, or loss arising from it.

Participants are solely responsible for evaluating whether to join any Event, for arriving on time, for honoring or appropriately cancelling any commitment to attend, for complying with Event rules, venue rules, and applicable laws, and for their own conduct toward other users on and off the Service. Failure to attend an Event you committed to attend, or late cancellation, may result in adjustments to your Platform Signals (including, without limitation, BPM), reduced visibility or access to certain Events, temporary or permanent restrictions on RSVPs, and other consequences described in the Service or in our Community Guidelines.

The Company may, in its sole discretion and at any time, modify, restrict, delist, cancel, remove, hide, freeze, gate behind feature flags, or recall any Event, listing, access code, host, lobby, waitlist entry, RSVP, message thread, forum post, attendance confirmation, or participant, with or without notice and without liability.

Certain features of the Service may, now or in the future, involve fees, charges, platform fees, processing fees, credits, promotions, in-app purchases, subscriptions, host payouts, or other monetary flows (collectively, “Payment Activity”). All amounts are in U.S. dollars unless otherwise indicated and are exclusive of any applicable taxes, levies, withholdings, or duties, all of which are your sole responsibility. Payment Activity may be enabled, disabled, geographically scoped, or otherwise gated by the Company at any time.

11.1 Third-Party Payment Processing

Where in-app payments are enabled, payment instruments and charges are processed by one or more third-party payment processors (such as Stripe, Inc.), each of whom maintains its own terms of service and privacy policy that govern your use of its services. The Company does not store full payment-card data. By providing payment information through the Service, you authorize the Company and its payment processors to charge your designated payment instrument for any amounts you incur, including platform fees, processing fees, taxes, and any pre-authorization, capture, settlement, or post-settlement adjustment.

11.2 Fees and Snapshots

Platform fees, processing fees, fee floors, and any other monetary parameters applicable to a paid Event are determined by the Company and may be snapshotted to that Event at the time of creation. Fee changes may be prospective only or, where the Company elects, retroactive. The price you pay or receive for any specific Event reflects the parameters in effect at the time of the relevant transaction.

11.3 Refunds, Credits, Disputes, and Chargebacks

• All payments are final except where required by applicable law or where the Company, in its sole discretion, elects to issue a refund, credit, or adjustment.
• Refunds, credits, partial refunds, in-app credit balances, attendance-based reconciliation, and any other monetary adjustment are issued solely at the Company’s discretion. The existence of any prior refund or credit creates no right or expectation of any future refund or credit.
• In-app credits, when issued, are non-transferable, non-redeemable for cash except where required by applicable law, may expire, and may be revoked, frozen, or zeroed out at the Company’s discretion in cases of suspected fraud, abuse, error, or violation of these Terms.
• You agree to first contact the Company to attempt to resolve any payment-related concern before initiating any chargeback, dispute, or reversal with your bank, card issuer, or payment processor. Initiating a chargeback in bad faith, in lieu of using the Service’s dispute and refund flows, or for an Event you actually attended, is a material breach of these Terms and may result in account suspension, permanent termination, fee recoupment, and reporting to fraud-prevention services.
• The Company is not responsible for fees, errors, declines, holds, currency conversion losses, or chargebacks imposed by banks, card networks, app stores, mobile carriers, or third-party payment processors.
• Promotions, credits, discounts, and pricing parameters may be modified, suspended, capped, or revoked at any time, with or without notice, in the Company’s sole discretion.

11.4 Host Payouts and Attendance Reconciliation

Where the Service enables a host to receive a payout for a paid Event, eligibility for and timing of any such payout are subject to the Company’s policies, including without limitation any required attendance confirmation, reconciliation period, hold period, automatic-release threshold, manual-release process, dispute window, and the configuration of any associated feature flag. The Company may, in its sole discretion, withhold, delay, claw back, offset, or reverse any host payout in connection with refunds, disputes, chargebacks, suspected fraud or abuse, violation of these Terms or our Community Guidelines, or any operational, legal, or regulatory reason. Hosts are solely responsible for reporting and paying any taxes owed on payouts received.

11.5 Dispute Process

The Service may provide internal channels for raising payment- or Event-related disputes, including informal resolution, escalation, and administrative review. Use of those channels does not create any contractual obligation on the Company to reach any particular outcome, and any final resolution by the Company is final, non-appealable, and binding on the parties for purposes of the Service. This Section 11.5 does not displace Section 20 (Dispute Resolution; Arbitration; Class Action Waiver).

By creating an account and by using the Service, you expressly consent to receive transactional, operational, authentication (including SMS and email one-time passcodes), security, support, legal, account-status, payment-related, attendance-related, dispute-related, and (where permitted) marketing communications from the Company and its service providers by email, push notification, SMS or other text message, in-app messaging, and telephone. Message and data rates may apply, and you are responsible for any associated carrier, network, or data charges. Message frequency varies based on your activity. You represent that you are the subscriber or authorized user of the phone number and email address you provide, and you agree to notify the Company immediately if either changes.

You may opt out of marketing communications using the unsubscribe mechanism in the relevant message or as otherwise required by applicable law. Certain communications — including those relating to authentication, security, transactions, payments, refunds, disputes, account status, attendance, safety, and legal notices — are necessary to the Service and cannot be opted out of without ceasing use of the Service. The Company is not responsible for any communication that is delayed, dropped, mis-delivered, or intercepted by your carrier, device, email provider, or any third party.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that no method of electronic transmission or storage is fully secure, and the Company does not, and cannot, guarantee absolute security of information transmitted to or through the Service.

The Service may include or link to third-party content, software, services, advertisers, websites, mapping providers, payment processors, app stores, device platforms, integrations, and venues (“Third-Party Services”). The Company does not control, endorse, sponsor, or assume responsibility for any Third-Party Services or for any conduct, condition, content, product, or service offered by them. Your use of any Third-Party Service is at your sole risk and may be subject to additional or different terms.

The Company and its licensors own all right, title, and interest in and to the Service, including all software, code, design, content selection, arrangement, look and feel, graphics, brand elements, trademarks, service marks, logos, and other intellectual property, except for User Content. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Service on a compatible device for your personal, non-commercial use.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, create derivative works from, or otherwise exploit any part of the Service except as expressly permitted in these Terms or required by applicable law that may not be waived. All rights not expressly granted are reserved by the Company.

The Company may, at any time and in its sole discretion, with or without notice and with or without cause, suspend, restrict, throttle, shadow-limit, deactivate, or terminate your access to all or part of the Service; remove, hide, or modify any User Content or Event; reclaim or change usernames; and refuse, cancel, or restrict any listing, RSVP, lobby, or transaction. The Company may preserve evidence and cooperate with law enforcement or other authorities.

Upon termination, your right to use the Service ceases immediately. The following sections survive termination: 4 (Assumption of Risk and Release), 5 (Medical and Fitness Disclaimer), 8 (User Content, with respect to the license previously granted), 9 (Ratings, Rankings, and Platform Signals), 11 (Payments, Fees, Credits, and Refunds), 13 (Privacy), 15 (Intellectual Property), 17 (Disclaimers), 18 (Limitation of Liability), 19 (Indemnification), 20 (Dispute Resolution), 21 (California and State Law Savings), and 22 (Miscellaneous).

Without limiting the foregoing, the Company does not warrant that the Service will be uninterrupted, secure, timely, error-free, or free of harmful components; that defects will be corrected; that the Service will meet your requirements; that any User Content, Event listing, host, participant, venue, payment processor, or third party will be accurate, reliable, safe, solvent, or available; that any user’s identity, age, location, gender, skill level, fitness, attendance, BPM, ratings, reliability indicators, or other Platform Signals are accurate, current, or verified; or that the Service will produce any specific result, ranking, payment, payout, social outcome, athletic outcome, or community outcome.

The limitations and exclusions in this Section apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the Company’s liability is limited to the maximum extent permitted by applicable law.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Company and the other Released Parties from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, judgments, awards, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (i) your access to or use of the Service; (ii) your User Content; (iii) your Events, hosting, participation, attendance, or non-attendance; (iv) any payment, refund, chargeback, dispute, payout, tax, or financial obligation associated with your activity on the Service, including any chargeback or reversal initiated by you; (v) your acts, omissions, negligence, gross negligence, recklessness, willful misconduct, or intentional acts; (vi) any injury, illness, death, or property damage you cause or suffer in connection with any Event; (vii) any access code, invitation, or off-platform communication you distribute; (viii) your violation of these Terms, our Community Guidelines, or any applicable law; or (ix) your dispute with any other user, host, participant, venue, payment processor, or third party. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company in such defense at your own expense.

20.1 Informal Resolution

Before initiating any arbitration, you agree to send a written notice describing the dispute and requested relief to contact@thumpapp.com and to allow at least sixty (60) days for the Company to attempt to resolve the dispute informally. The parties shall use good-faith efforts during this period to resolve the dispute.

20.2 Binding Individual Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) that is not resolved through informal resolution shall be resolved by final and binding individual arbitration, administered by a nationally recognized arbitration provider selected by the Company under its then-current consumer rules. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

20.3 Class Action Waiver

You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, mass, representative, or private attorney general action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

20.4 Jury Trial Waiver

To the fullest extent permitted by law, you and the company knowingly and voluntarily waive any right to a trial by jury for any dispute.

20.5 Carve-Outs

Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court for Disputes within that court’s jurisdiction, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

20.6 Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. Subject to the arbitration requirements above, the exclusive venue for any permitted court proceeding is the state and federal courts located in Sheridan County, Wyoming, and the parties consent to the personal jurisdiction of such courts.

20.7 Severability of This Section

If the class action waiver above is found to be unenforceable as to any claim or remedy, then the remainder of this Section 20 shall remain in force. If any other provision of this Section 20 is found unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

Nothing in these Terms is intended to limit, waive, or restrict any non-waivable right or remedy provided to you under California law or the law of any other jurisdiction in which such waiver or limitation is prohibited. Where any provision is held unenforceable as to a non-waivable right, that provision applies only to the extent permitted, and all other provisions remain enforceable to the maximum extent permitted by law.

• Assignment. The Company may assign or transfer these Terms, in whole or in part, without restriction or notice. You may not assign these Terms without the Company’s prior written consent, and any unauthorized assignment is void.
• No Waiver. No failure or delay by the Company in exercising any right under these Terms operates as a waiver of that right.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.
• Entire Agreement. These Terms, together with the Privacy Policy and any additional terms expressly incorporated, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous understandings.
• Force Majeure. The Company is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil disorder, labor disputes, governmental action, network or utility failures, or third-party service interruptions.
• Electronic Consent and Records. You consent to receive notices, agreements, disclosures, and records electronically and agree that electronic delivery satisfies any legal requirement that such communications be in writing.
• Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

For questions or notices regarding these Terms, contact:

• Legal Entity: Thump LLC
• State of Formation: Wyoming
• Mailing Address: 30 N Gould St Ste N, Sheridan, WY 82801
• Legal Notices: contact@thumpapp.com
• Support: contact@thumpapp.com