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Terms of Service

Last updated: 2024-01-20, effective date: 2023-10-01

Introduction

Thank You for using Our products (“Products”), service (“Service”) and services (“Services”). The Services and Products are provided by ThankVault (“ThankVault”, “ThankVault.com”, “Company”, “Subsidary”, “We”, “Our” or “Us”) a product and service by Polary Labs (“Polary Labs”, “PolaryLabs.com” or “Parent”).

ThankVault and its defined Terms of Service (“Terms”) govern your access to and use of ThankVault’s website, products, and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

Part of the ThankVault Services and therefore Terms of Service applicable to these Services are the following domains:

  • thankvault.com

as well as all sub- and subdomains to the domain thankvault.com, including but not limited to:

  • www.thankvault.com
  • media.thankvault.com

Understanding Our Terms is important because in order to provide Our Services (as defined below) through our apps, services, features, software, or website, we need to obtain your agreement to our Terms of Service (“Terms”). You must accept these Terms to continue using Services provided by ThankVault or affiliates.

Acknowledgement

Our Terms governing the use of Our Services and Products. You and FiveMods. Our Terms set out the rights and obligations of all users regarding the use of Our Services.

Your access to and use of the Services and Products is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services and Products.

By accessing or using the Services or Products You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Services or Products.

Your access to and use of the Services and Products is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application, Services, Products or the Website and tells You about Your privacy rights and how the law protects You.

Besides these Terms, we also publish a Privacy Policy (EEA, United Kingdom, Switzerland). We encourage you to read it to better understand how you can update, manage, export and delete your information.

Supplemental Terms or documents that may be posted on Our Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

We will alert You about any changes by updating the “Last updated” date of Our Terms, and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by Your continued use of the Services after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

IF YOU DO NOT AGREE WITH ALL OF OUR TERMS OF SERVICE, SO ARE YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, OUR SERVICES AND PRODUCTS. YOU MUST STOP THE USE IMMEDIATELY AND LEAVE ALL AFFILIATED PAGES AND SERVICES.

Definitions

For the purpose of a better understanding of our Terms of Service we provide a detailed information:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Application means the software program provided by the Company downloaded by You on any electronic device, named ThankVault
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to ThankVault.
  • Country refers to: Germany
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Goods refer to the items offered for sale on the Service.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Application.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to ThankVault, accessible from https://thankvault.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Service Provider

ThankVault is provided by:

Philipp Hajek
c/o Postflex #5252
Emsdettener Str. 10
48268 Greven, Germany

Age Requirements

You must be at least 16 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

Age requirements to create and manage your own FiveMods Account follow our service providers and here used login services based on Google LLC (“Google”).

Using Our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Links to other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ThankVault.

ThankVault has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ThankVault shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Images

You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify ThankVault for all claims resulting from content you supply.

ThankVault has the right but not the obligation to monitor and edit or remove any activity or content. ThankVault takes no responsibility and assumes no liability for any content posted by you or any third party.

Content

You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify ThankVault for all claims resulting from content you supply.

ThankVault has the right but not the obligation to monitor and edit or remove any activity or content. ThankVault takes no responsibility and assumes no liability for any content posted by you or any third party.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

To the extent permitted by German law, the limitations and exclusions of liability stated in this section shall also apply. However, in case of any conflict between the terms of this section and German law, the provisions of German law shall prevail.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.