Thunderbolt PM — Terms of Use

Effective Date: [DATE]

PLEASE READ THESE TERMS CAREFULLY. SECTION 20 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 20.7.

1. Acceptance of These Terms

1.1 These Terms of Use ("Terms") form a binding agreement between Thunderbolt Group, LLC, a Colorado limited liability company ("Thunderbolt," "we," "us"), and the individual or entity accessing Thunderbolt PM ("you," "your").

1.2 By selecting "Accept & Continue," or by accessing or using Thunderbolt PM, you agree to these Terms. If you do not agree, do not access or use Thunderbolt PM.

1.3 If you accept these Terms on behalf of an organization, you represent that you have the authority to bind that organization, and "you" refers to that organization.

1.4 These Terms incorporate by reference the Privacy Policy, the Cookies Policy, and the Consent Statement presented at sign-in.

1.5 We maintain a record of the version of these Terms you accepted and the date of acceptance.

2. Definitions

"Workspace Content" means all boards, lists, cards, descriptions, comments, checklists, attachments, and other content that you or your Authorized Users submit to or generate within Thunderbolt PM.

"Time Records" means time entries, timers, timesheets, billable and non-billable designations, and time-based reports associated with an account.

"Authorized User" means an individual you permit to access Thunderbolt PM under your account.

"AI Agent" means an automated account operating within Thunderbolt PM that is designated as an agent and performs work on cards, including logging time and submitting work for approval.

"AI Features" means functionality within Thunderbolt PM that uses artificial intelligence or machine learning to read, summarize, analyze, or generate content, including the work performed by AI Agents.

"Output" means content generated by AI Features or AI Agents.

3. Eligibility and Account Registration

3.1 You must be at least 18 years old and capable of forming a binding contract.

3.2 You agree to provide accurate, current, and complete registration information and to keep it updated.

3.3 Access to Thunderbolt PM is by authorization only. We may grant, refuse, or revoke access at our discretion.

3.4 You are responsible for your Authorized Users' compliance with these Terms, and their acts and omissions are treated as your own.

4. Account Security

4.1 You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account.

4.2 You must not share credentials, permit account sharing, or allow access by anyone who is not an Authorized User.

4.3 You must notify us promptly at [SECURITY CONTACT] if you suspect unauthorized access or compromise of credentials.

4.4 We are not liable for losses arising from your failure to comply with this Section 4.

5. License and Permitted Use

5.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use Thunderbolt PM for your internal business purposes.

5.2 We reserve all rights not expressly granted. No rights are granted by implication or estoppel.

6. Acceptable Use

6.1 You must not:

• (a) use Thunderbolt PM in violation of any applicable law or regulation;
• (b) upload or transmit unlawful, infringing, defamatory, harassing, or malicious content;
• (c) upload malware or any code intended to disrupt or damage the platform;
• (d) reverse engineer, decompile, or attempt to derive source code, except where such restriction is prohibited by law;
• (e) scrape, crawl, or use automated means to extract data other than through functionality we provide;
• (f) circumvent or attempt to circumvent authentication, rate limits, access controls, or the approval controls described in Section 11;
• (g) submit false or knowingly inaccurate Time Records;
• (h) resell, sublicense, or provide Thunderbolt PM as a service to third parties;
• (i) use Thunderbolt PM to develop a competing product; or
• (j) interfere with the security, integrity, or performance of the platform.

6.2 We may suspend or restrict access immediately and without prior notice if we reasonably believe your use violates this Section 6, poses a security risk, or exposes us to legal liability. We will not be liable to you for such suspension.

7. Workspace Content — Ownership and License

7.1 As between you and Thunderbolt, you retain all right, title, and interest in Workspace Content.

7.2 You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, and process Workspace Content solely to the extent necessary to provide, maintain, support, and secure Thunderbolt PM for you.

7.3 This license does not permit us to use Workspace Content to train, fine-tune, or improve artificial intelligence or machine learning models, except where you have given separate, specific, and revocable consent through the optional control in your account settings. [CONFIRM — this clause must match actual practice, including evaluation datasets and prompt logs, before publication]

7.4 We may generate and use aggregated, de-identified data that does not identify you, your Authorized Users, or any individual, for operating and improving the platform. We will not attempt to re-identify such data.

7.5 You are responsible for the accuracy, quality, and legality of Workspace Content.

8. Information About Other People in Your Workspace

8.1 Thunderbolt PM is a work-tracking tool. It is not designed to hold customer or contact databases, and you should not use it as one. Records about customers and prospects belong in Thunderbolt CRM, which is governed by its own terms.

8.2 Cards, comments, and attachments may nonetheless contain information about clients, contractors, and other individuals who are not parties to these Terms.

8.3 You represent and warrant that, for any personal information about such individuals that you or your Authorized Users place in Thunderbolt PM:

• (a) you have a lawful basis to collect, use, and disclose it;
• (b) you have provided any notice and obtained any consent required by applicable law; and
• (c) you will not place information in the categories excluded under Section 11.6 into the platform.

8.4 Your indemnification obligations under Section 19 extend to claims brought by individuals whose personal information you placed in Thunderbolt PM.

9. Time Records, Timesheets, and Approvals

9.1 Thunderbolt PM records time against cards, produces timesheets and reports, and supports approval of submitted work and submitted time.

9.2 Time Records identify the individual to whom they relate and are visible to account administrators, approvers, and others with reporting permissions in your organization.

9.3 If you use Thunderbolt PM to record the working time of employees or contractors, you are responsible for compliance with all laws applicable to that recording — including wage and hour, recordkeeping, and workplace-monitoring and notice requirements in the jurisdictions where those individuals work. [LEGAL REVIEW]

9.4 You are responsible for informing your personnel that their time and activity are recorded in Thunderbolt PM, and for obtaining any consent or providing any notice their jurisdiction requires.

9.5 Approval and audit records — including who approved what, and when — are retained as described in the Privacy Policy and may be used to evidence the integrity of the record.

9.6 We do not verify the accuracy of Time Records and are not responsible for how you use them, including for payroll, invoicing, or performance purposes.

10. Third-Party Services

10.1 Thunderbolt PM may interoperate with other Thunderbolt systems, including Thunderbolt CRM, and with third-party services.

10.2 Third-party services are governed by their own terms. We do not warrant the availability, accuracy, or security of any third-party service and are not liable for it.

11. AI Features and AI Agents

11.1 Thunderbolt PM includes AI Features and AI Agents — automated accounts that are assigned to cards, perform work, log time against that work, attach files, post comments, and submit completed work for approval.

11.2 AI Agents cannot mark work complete. When an AI Agent submits a card as finished, the platform converts that submission to a pending-approval state that requires a human to approve or request changes. This control is enforced by the platform itself, not by the agent.

11.3 AI Agent activity is attributed to the agent account and is visible in card history, comments, and reports alongside human activity. Time logged by an AI Agent is recorded as non-billable. [CONFIRM this remains the rule]

11.4 Output requires human review and approval before it is used, sent, published, or relied upon.

11.5 Output may be incomplete, inaccurate, outdated, or misleading. AI Features are probabilistic and may produce content that appears authoritative but is incorrect.

11.6 Output does not constitute legal, financial, tax, accounting, medical, or other professional advice. You must not rely on Output as a substitute for professional judgment.

11.7 You must not enter into AI Features any information in the following categories: health or medical information; financial account numbers or payment card data; government-issued identification numbers; biometric identifiers; precise geolocation; information about children under 13; or any information subject to HIPAA, GLBA, FCRA, or comparable sector-specific regulation. [CONFIRM this list against intended use]

11.8 You remain solely responsible for any decision, communication, or action taken on the basis of Output, and for verifying Output before use.

11.9 Output may not be unique. Similar or identical Output may be generated for other users, and we make no representation that Output is original or non-infringing.

11.10 We may use third-party model providers to process Workspace Content in delivering AI Features. [CONFIRM: name the providers, and confirm contracted no-training and retention terms]

11.11 We may modify, suspend, or discontinue AI Features and AI Agents at any time.

12. Confidentiality

12.1 Workspace Content is confidential and intended solely for Authorized Users and Thunderbolt.

12.2 You must not disclose Workspace Content outside your organization without authorization, and must not share credentials or permit unauthorized access.

12.3 These obligations do not apply to information that is or becomes public through no breach of these Terms, was lawfully known without obligation of confidence, or is independently developed without reference to the confidential information.

12.4 Disclosure compelled by law is permitted, provided you give prompt notice where legally permissible.

12.5 This Section 12 survives termination.

13. Intellectual Property

13.1 Thunderbolt PM, including all software, interfaces, designs, documentation, and trademarks, is owned by Thunderbolt and protected by intellectual property law.

13.2 These Terms grant you no ownership in Thunderbolt PM. Section 7.1 governs Workspace Content.

14. Feedback

If you provide suggestions, feedback, or ideas about Thunderbolt PM, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

15. Fees

[CONFIRM: whether Thunderbolt PM is provided at no charge, bundled into a services agreement, or separately billed. If billed, this section requires fees, billing cycle, payment terms, late charges, taxes, and refund policy.]

16. Term, Termination, and Suspension

16.1 These Terms apply from your first acceptance until terminated.

16.2 You may terminate by ceasing use and requesting account closure at [PRIVACY CONTACT].

16.3 We may terminate or suspend your access (a) for material breach of these Terms; (b) where required by law; (c) where continued provision poses a security or legal risk; or (d) on [NOTICE PERIOD] written notice for convenience.

16.4 On termination, your right to access Thunderbolt PM ceases immediately.

17. Data Export and Deletion

17.1 You may request an export of Workspace Content and Time Records at any time during the term.

17.2 Following termination, we will make Workspace Content available for export for a period of [EXPORT WINDOW] days, after which we may delete it.

17.3 We will delete or de-identify Workspace Content within [DELETION PERIOD] of termination, except where retention is required by law or reasonably necessary for the establishment, exercise, or defense of legal claims.

17.4 Time Records may be retained for longer where employment, wage-and-hour, or tax recordkeeping law requires it. [CONFIRM the applicable period with counsel — this is a genuine difference from ordinary workspace content]

17.5 Backup copies may persist for [BACKUP CYCLE] after deletion from active systems.

These periods must match the Privacy Policy exactly.

18. Disclaimer of Warranties

18.1 THUNDERBOLT PM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND.

18.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

18.3 WE DO NOT WARRANT THAT THUNDERBOLT PM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

18.4 WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR ANY PURPOSE OF OUTPUT GENERATED BY AI FEATURES OR AI AGENTS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF OR RELIANCE ON OUTPUT.

18.5 WE MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF TIME RECORDS, REPORTS, OR TIMESHEETS, WHICH DEPEND ON INPUTS WE DO NOT CONTROL. YOU ARE RESPONSIBLE FOR VERIFYING THEM BEFORE USING THEM FOR PAYROLL, INVOICING, OR ANY OTHER PURPOSE.

18.6 NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

18.7 Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

19. Limitation of Liability and Indemnification

19.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THUNDERBOLT AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THUNDERBOLT PM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THUNDERBOLT PM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US FOR THUNDERBOLT PM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) [USD 100].

19.3 THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

19.4 These limitations do not apply to liability that cannot be excluded or limited under applicable law.

19.5 THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT WE WOULD NOT PROVIDE THUNDERBOLT PM WITHOUT THEM.

19.6 Indemnification. You will defend, indemnify, and hold harmless Thunderbolt and its members, officers, employees, and agents from and against any claim, demand, action, or proceeding, and all resulting losses, damages, liabilities, settlements, costs, and reasonable attorneys' fees, arising out of or relating to:

• (a) Workspace Content, including any claim that it infringes or misappropriates the rights of a third party;
• (b) any claim brought by an individual whose personal information you placed in Thunderbolt PM;
• (c) any claim arising from your use of Time Records, timesheets, or reports, including wage, hour, payroll, invoicing, or employment-related claims;
• (d) your violation of these Terms or of any applicable law, including the laws identified in Section 9;
• (e) your use of or reliance on Output; or
• (f) unauthorized access to your account resulting from your failure to safeguard credentials.

19.7 We will notify you of any claim, allow you to control the defense (except that you may not settle in a way that imposes obligations on us without our consent), and provide reasonable cooperation at your expense.

19.8 This Section 19 survives termination.

20. Dispute Resolution — Binding Arbitration and Class Action Waiver

READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

20.1 Informal Resolution First. Before initiating arbitration, you agree to contact us at [LEGAL CONTACT] with a written description of the dispute and to attempt informal resolution in good faith for 60 days.

20.2 Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms or Thunderbolt PM, including its formation, interpretation, breach, or termination, will be resolved by binding individual arbitration rather than in court, except as provided in Sections 20.5, 20.7, and 20.10.

20.3 Arbitration Rules and Forum. Arbitration will be administered by [AAA / JAMS] under its [applicable consumer or commercial] rules then in effect. The arbitration will be conducted in [Jefferson County], Colorado, or by videoconference at your election if you are an individual.

20.4 CLASS ACTION WAIVER. YOU AND THUNDERBOLT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

20.5 Exceptions. Either party may (a) bring an individual action in small claims court, and (b) seek injunctive or equitable relief in court to protect intellectual property or prevent unauthorized access.

20.6 Fees. [CONFIRM allocation — consumer arbitration rules typically require the business to bear most fees, and a clause requiring a consumer to pay them is a common ground for unenforceability]

20.7 YOUR RIGHT TO OPT OUT. You may opt out of this Section 20 by sending written notice to [LEGAL CONTACT / MAILING ADDRESS] within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other provision of these Terms and will not affect your access to Thunderbolt PM.

20.8 Severability. If Section 20.4 is found unenforceable, the entirety of Section 20 is void, and disputes will be resolved in the courts identified in Section 21. The remainder of these Terms survives.

20.9 Survival. This Section 20 survives termination.

20.10 Employment claims excluded. [DRAFTING NOTE — LEGAL REVIEW REQUIRED] This Section does not apply to any claim arising out of an employment relationship with Thunderbolt Group, LLC. Such claims are governed by the applicable employment agreement or policy, not by these Terms.

21. Governing Law and Venue

21.1 These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 Subject to Section 20, the state and federal courts located in [Jefferson County], Colorado have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

22. Changes to These Terms

22.1 We may modify these Terms. We will post the updated Terms with a revised Effective Date and version number.

22.2 For material changes, we will provide notice at least [30] days in advance by email or in-product notice, and will require renewed acceptance before continued use.

22.3 Non-material changes take effect on posting.

22.4 We maintain prior versions and make them available on request.

23. General Provisions

23.1 Entire Agreement. These Terms, with the documents incorporated in Section 1.4, constitute the entire agreement and supersede all prior understandings on the subject matter. They do not supersede any employment agreement, contractor agreement, or master services agreement, which control to the extent of any conflict. [CONFIRM with counsel]

23.2 Severability. If any provision is unenforceable, it is modified to the minimum extent necessary, and the remaining provisions remain in effect.

23.3 No Waiver. Failure to enforce a provision is not a waiver of it.

23.4 Assignment. You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.

23.5 Force Majeure. Neither party is liable for delay or failure caused by events beyond reasonable control.

23.6 Notices. Notices to you may be sent to the email on your account. Notices to us must be sent to [LEGAL CONTACT / MAILING ADDRESS].

23.7 No Third-Party Beneficiaries. These Terms create no rights in any third party.

23.8 Relationship. The parties are independent contractors. Nothing in these Terms creates or alters any employment relationship, and acceptance of these Terms is not a term or condition of employment.

23.9 Survival. Sections 7, 8, 9, 12, 13, 14, 17, 18, 19, 20, 21, and 23 survive termination.

24. Contact

Thunderbolt Group, LLC

25568 Genesee Trail Road

Golden, CO 80401

[LEGAL CONTACT EMAIL] · [PHONE]

Effective [DATE]