"As is"
The Service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, except those that cannot be excluded under applicable mandatory law (EU Consumer Rights Directive, Digital Content Directive 2019/770, UK Consumer Rights Act 2015, South African CPA, Australian Consumer Law, Japanese Consumer Contract Act, Korean ECA, Brazilian CDC, China Consumer Rights Law, India CP Act 2019).
No professional advice
Content on Thumber is not legal, medical, psychological, financial, investment or tax advice. Always consult a qualified professional. Reliance on user content is at your own risk.
User content
Opinions and content posted by users are theirs alone and do not represent Thumber. We are a hosting intermediary and benefit from the safe-harbour regimes in 47 U.S.C. § 230, DMCA §512, EU DSA Art. 6, UK eCommerce Regs 17–19, ZA ECT Act s.73–77, and equivalent national rules.
Limitation of liability
To the maximum extent permitted by law, Thumber is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, lost profits, lost data, loss of goodwill, or loss of virtual goods. Aggregate liability is capped at the greater of (a) USD 100, or (b) what you paid us in the 12 months before the claim. This cap does not apply to liability that cannot be limited by law, including death or personal injury caused by negligence, fraud, fraudulent misrepresentation, gross negligence (where the local law requires), or the consumer guarantees referenced above.
No class action (non-consumer USA)
If you are a non-consumer user resident in the USA, you and Thumber waive the right to participate in a class action, class arbitration or representative proceeding. See Terms §15.
Force majeure & severability
Neither party is liable for delay caused by events beyond reasonable control. If any provision is held unenforceable, the rest remain in force and the offending provision will be replaced by the closest enforceable substitute.
Governing law & venue
The Terms are governed by the laws of the Republic of South Africa, without prejudice to mandatory consumer protections in your country of residence. Consumers may always bring claims in their local courts. EU consumers may use the EU ODR platform at ec.europa.eu/consumers/odr.