Last updated: May 16, 2026 · Effective worldwide
1. Acceptance & parties
These Terms form a binding contract between you and Thumber ("we", "us", "Service"). By creating an account or otherwise using the Service you accept these Terms, our Privacy Policy, Community Guidelines, Refund Policy and DMCA Policy, which are incorporated by reference. If you do not agree, do not use the Service.
2. Eligibility & age
You must be at least 13 years old, or 14 (KR/ES), 15 (FR/CZ), 16 (DE/IE/NL/IT/HU/LU/PL/SK/LT/EU GDPR default), or any higher local minimum. Live broadcasting and monetisation require 18+. By using the Service you represent and warrant that you meet the minimum age and, if under the age of majority in your jurisdiction, that a parent or legal guardian has reviewed and consented to these Terms.
3. Your account
You are responsible for safeguarding your credentials, for two-factor authentication where offered, and for all activity on your account. You must provide accurate information and update it when it changes. We may refuse, suspend or reclaim usernames that impersonate, infringe or are abusive. You may delete your account at any time in Settings → Account.
4. Your content & licence to us
You retain ownership of videos, livestreams, comments, audio, names, likeness and other materials you upload ("User Content"). You grant Thumber a worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to host, store, cache, reproduce, adapt (e.g. transcoding, thumbnails, captions, translations), publicly perform, publicly display, and distribute User Content for the purpose of operating, promoting, securing and improving the Service, including via partner platforms (e.g. SEO previews, share cards). This licence ends when you delete the content, except for (a) anonymised analytics, (b) content others have re-shared or saved, (c) reasonable backup retention, and (d) where retention is required by law.
You represent and warrant that you own or have all rights, consents and releases needed for your User Content (including from any identifiable persons, music rights-holders, and trademark owners) and that it does not violate any law or third-party right.
5. Acceptable use
You will not, and will not permit anyone to: (a) post unlawful, infringing, defamatory, harassing, hateful, deceptive or sexually exploitative content; (b) sexualise, groom, endanger or expose minors; (c) post CSAM, terrorism content, or non-consensual intimate imagery; (d) impersonate any person or entity; (e) collect, scrape, harvest or republish data about other users; (f) reverse-engineer, decompile, disassemble, or attempt to derive source code from the Service, except to the extent that right cannot be excluded by law; (g) interfere with, probe, overload, or circumvent the security, rate limits or DRM of the Service; (h) use the Service to send unsolicited communications, malware, or to facilitate sanctioned, restricted or money-laundering activity; (i) use automation, bots, fake engagement, or buy/sell accounts, follows, likes, gifts or Thumbs; (j) use the Service in violation of US, EU, UK, UN, OFAC, EU/UK sanctions or local export controls. Full rules: see our Community Guidelines.
6. Live streaming & broadcaster obligations
Live broadcasts are subject to the same content rules and are recorded for moderation. Hosts are responsible for moderating their own rooms and for the conduct of invited guests. You must obtain consent from any identifiable third party shown on stream, comply with location-recording laws (including two-party consent states in the USA and the UK Investigatory Powers Act), and comply with EU AVMSD requirements for video-sharing platforms. You may not host streams from inside private spaces (changing rooms, schools, hospitals, places of worship) without lawful authority.
7. Thumbs, gifts & virtual currency
"Thumbs" are a limited, revocable, non-transferable licence to use a virtual in-app feature. They have no monetary value, are not legal tender, are not redeemable for cash by viewers, cannot be inherited, gifted off-platform, traded on secondary markets, or converted to fiat or cryptocurrency. Unused Thumbs may expire if your account is inactive for 24 consecutive months, subject to applicable escheat laws (e.g. CA Civil Code §1749.5 gift-card exemptions for closed-loop in-app currency). Promotional Thumbs (bonus, gifted, refunded) expire 90 days after credit. Creator payouts of recipient-side amounts are governed by the Refund & Purchase Policy and the Withdraw page and require KYC.
8. Purchases, taxes & app stores
Where you purchase Thumbs, VIP, mystery boxes or other items via the Apple App Store or Google Play, the in-app purchase is also subject to those stores' terms; refund requests for IAP must be made via Apple or Google. Web purchases are processed by our PCI-DSS payment processors. Prices are shown in USD by default and exclude taxes unless stated; we collect VAT/GST/sales tax where required (EU OSS, UK VAT, AU GST, NZ GST, ZA VAT, IN GST, JP CT, CA GST/HST, US state sales tax). You authorise recurring charges for any subscription until you cancel.
9. Mystery boxes & chance items
Mystery boxes and chance-based items are not gambling: prize odds are published in the purchase flow and on the Refund Policy, no prize is convertible to cash, and no real-money payout is possible. Mystery boxes are not available to users in jurisdictions that classify loot-boxes as gambling for minors (Belgium, Netherlands for paid randomised in-app items targeted at minors) and are gated by age verification where required (UK, KR, CN).
10. Third-party content & intellectual property
Sample videos, sound effects, fonts and gift assets bundled with the Service are original, licensed, or used under royalty-free / Creative Commons / Apache / MIT licences (full attribution available on request). The Thumber name, logo and visual marks are our trademarks. To report infringement see our DMCA & Trademark Policy.
11. Suspension, termination & data retention
We may suspend, restrict, demonetise or terminate accounts that violate these Terms, applicable law, or risk harm to users or the Service, with notice where feasible (DSA Article 17 statement of reasons for EU users) or immediately for severe violations. On termination we delete or anonymise your personal data per our Privacy Policy, subject to legal retention (e.g. 7 years for tax records).
12. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose, merchantability, accuracy, or non-infringement, except those that cannot be excluded under your local mandatory law (UK Consumer Rights Act 2015, EU Sale of Goods Directive 2019/771 and Digital Content Directive 2019/770, ZA Consumer Protection Act, Australian Consumer Law, CN Consumer Rights Law, Japan Consumer Contract Act).
13. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, lost profits, lost data, loss of goodwill, or loss of virtual goods. Our aggregate liability arising out of or relating to the Service in any 12-month period will not exceed the greater of (a) USD 100, or (b) the amount you paid us in the 12 months preceding the event giving rise to liability. Nothing in these Terms limits liability that cannot be limited by law, including death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or — for UK consumers — your statutory rights under the Consumer Rights Act 2015.
14. Indemnity (non-consumer users)
If you use the Service in the course of a trade, business or profession, you will indemnify and hold harmless Thumber and its affiliates from third-party claims, damages, and reasonable legal fees arising from (a) your User Content, (b) your breach of these Terms or law, or (c) your infringement of any third-party right. This clause does not apply to consumers acting outside their trade, business or profession.
15. Dispute resolution
Consumers: you may bring claims in the courts of your country of residence under your local mandatory consumer protections. EU consumers may use the European Commission Online Dispute Resolution platform at ec.europa.eu/consumers/odr. EU users may also seek out-of-court dispute settlement under DSA Article 21.
Non-consumer users (USA): any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in your county of residence or by video. You and Thumber waive any right to a jury trial and to participate in a class action, class arbitration, or representative proceeding; this waiver is non-severable from the agreement to arbitrate. You may opt out of arbitration within 30 days of accepting these Terms by emailing legal@thumber.app with subject "Arbitration Opt-Out". Small-claims court actions and IP injunctions are exempt.
Non-consumer users (rest of world): exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg, governed by the laws of the Republic of South Africa, without regard to conflict-of-law rules.
16. EU Digital Services Act
EU users may submit notices about illegal content via the notice mechanism. Our single point of contact for authorities and users under DSA Articles 11–12 is dsa@thumber.app. Statements of reasons for content actions are issued to affected users and submitted to the DSA Transparency Database. Internal complaint handling: appeals@thumber.app.
17. Force majeure
Neither party is liable for delay or failure caused by events outside its reasonable control, including acts of God, war, civil unrest, terrorism, pandemic, government action, internet or upstream-provider failure, or denial-of-service attack.
18. Assignment & entire agreement
You may not assign these Terms. We may assign them to an affiliate, successor or acquirer of substantially all our assets. These Terms (with the documents referenced in §1) are the entire agreement between us and supersede prior agreements on the same subject. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be replaced by an enforceable one closest to the original intent (severability).
19. Changes
We may update these Terms. Material changes are announced in-app and by email at least 14 days before they take effect (30 days for EU/UK consumers). Continued use after the effective date constitutes acceptance; otherwise you may terminate your account.
20. Contact
General: legal@thumber.app · EU rep (Art. 27 GDPR): eu-rep@thumber.app · UK rep: uk-rep@thumber.app · DSA: dsa@thumber.app.