Effective Date: March 5, 2026 · ThoughtWave Technologies, Inc.
By creating an account or using any ThoughtWave Technologies, Inc. (“ThoughtWave,” “we,” “our,” or “us”) service (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the Services.
We may update these Terms from time to time. Continued use of the Services after notice of an update constitutes acceptance of the revised Terms.
You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you meet this requirement. The Services are intended for business and professional use; ThoughtWave is not a consumer service.
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify ThoughtWave immediately of any unauthorized access to your account. ThoughtWave is not liable for any loss resulting from unauthorized use of your account. You may not share your account credentials with others.
Multi-factor authentication (MFA) is available and strongly recommended for all accounts. You are responsible for the security of any MFA device or backup codes associated with your account.
You agree not to use the Services to:
ThoughtWave reserves the right to suspend or terminate any account that violates this section, with or without prior notice, at ThoughtWave's sole discretion.
The Services include features that allow you to share access to resources (such as virtual desktop shortcuts) with other ThoughtWave users. By sharing a resource, you acknowledge and agree that:
ThoughtWave may revoke any shared access at any time if we determine that the sharing violates these Terms or poses a security or legal risk.
Fees for the Services are as listed on the ThoughtWave website at the time of purchase. All payments are processed by Stripe, Inc. By providing payment information, you authorize ThoughtWave to charge you for the Services you select.
Subscription Services automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel at any time through the billing portal.
Refund Policy: All sales are final except as required by applicable law or as otherwise specified in a written agreement with ThoughtWave. ThoughtWave may, at its discretion, issue credits for documented service outages exceeding our target availability.
ThoughtWave reserves the right to suspend Services for non-payment. Reactivation of a suspended account may be subject to a reactivation fee.
ThoughtWave will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, ThoughtWave does not guarantee uninterrupted or error-free operation of the Services. Scheduled maintenance windows will be communicated in advance where practicable.
ThoughtWave is not liable for any losses or damages arising from service interruptions, hardware failures, network outages, or events outside ThoughtWave's reasonable control (including acts of God, natural disasters, ISP failures, or government actions).
ThoughtWave collects and processes personal information as necessary to provide the Services. This includes account information (name, email, payment data), connection metadata (IP addresses, session timestamps), and usage data. ThoughtWave does not sell personal information to third parties.
Data stored on ThoughtWave infrastructure remains your property. ThoughtWave will not access the content of your data except as necessary to provide technical support (with your consent), comply with legal obligations, or investigate potential violations of these Terms.
You are responsible for maintaining appropriate backups of your data. ThoughtWave's storage infrastructure includes ZFS-based redundancy, but this does not substitute for customer-managed backups.
ThoughtWave retains all right, title, and interest in the Services, software, trademarks, and documentation. Nothing in these Terms grants you a license to ThoughtWave's intellectual property except the limited right to use the Services as described herein.
You retain ownership of all data and content you upload to the Services. By uploading content, you grant ThoughtWave a limited license to store and process it solely for the purpose of providing the Services.
Either party may terminate the agreement at any time. You may terminate by closing your account through the portal or by contacting support. ThoughtWave may terminate or suspend your account immediately and without notice for material violations of these Terms, non-payment, or conduct that ThoughtWave reasonably believes exposes ThoughtWave or third parties to legal liability or harm.
Upon termination, your access to the Services will cease. ThoughtWave will retain your data for up to 30 days following termination before deletion, unless otherwise required by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THOUGHTWAVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS INTERRUPTION, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF THOUGHTWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THOUGHTWAVE'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO THOUGHTWAVE IN THE 12 MONTHS PRECEDING THE CLAIM.
You agree to defend, indemnify, and hold harmless ThoughtWave and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, violation of these Terms, or violation of any rights of a third party.
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles. ThoughtWave Technologies, Inc. is incorporated in Delaware, and the parties agree that Delaware law provides a well-developed, commercially sophisticated legal framework appropriate for infrastructure services agreements. These Terms apply to users in all U.S. states and internationally to the extent permitted by applicable law.
Any dispute arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
For disputes involving amounts less than $10,000, either party may elect binding arbitration through the American Arbitration Association under its Commercial Arbitration Rules, conducted in English. The prevailing party in any arbitration or litigation shall be entitled to recover reasonable attorneys' fees.
These Terms constitute the entire agreement between you and ThoughtWave concerning the Services and supersede all prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect. ThoughtWave's failure to enforce any right or provision shall not constitute a waiver.
You may not assign your rights or obligations under these Terms without ThoughtWave's prior written consent. ThoughtWave may assign its rights and obligations freely.
Questions about these Terms may be directed to: [email protected]
ThoughtWave Technologies, Inc.
Incorporated in Delaware · Operations in Michigan, United States