1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ThumbBoost ("Company," "we," "us," or "our") governing your access to and use of the thumbboost.com website and thumbnail preview, comparison, and generation services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

ThumbBoost provides a thumbnail decision studio for YouTube creators, including:

Preview simulator displaying thumbnails in realistic YouTube layouts (Home feed, Suggested, Search, Channel)
Side-by-side comparison of 2-6 thumbnail variants
AI-powered thumbnail generation (subject to plan limits)
Style preset extraction from existing thumbnails
Export functionality for final thumbnail selection

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information and to update it as necessary. You are responsible for safeguarding your account credentials and for all activities under your account.

3.2 Account Requirements

You must be at least 16 years old to create an account
You may only maintain one account per person
Accounts are non-transferable
You must provide a valid email address

3.3 Account Security

You must notify us immediately at [email protected] if you suspect unauthorized access to your account. We are not liable for losses caused by unauthorized use of your account.

4. Subscriptions and Payments

4.1 Free and Paid Plans

We offer a free tier with limited features and paid subscription plans with additional capabilities. Current pricing and plan details are available on our pricing page and may change with notice.

4.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis depending on your selection
All fees are quoted in US dollars unless otherwise specified
Payments are processed securely through Dodo Payments (dodopayments.com)
You authorize us to charge your payment method for recurring fees

4.3 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will apply at your next billing cycle. Continued use after a price change constitutes acceptance of the new price.

4.4 One-Time Purchases

Additional AI generation credits may be purchased separately. These credits do not expire and are non-refundable once used.

4.5 Taxes

Prices do not include applicable taxes. You are responsible for all taxes associated with your use of the Service, excluding taxes based on our net income.

5. User Content

5.1 Your Content

"User Content" means any images, thumbnails, text, titles, notes, or other materials you upload, submit, or create through the Service. You retain ownership of your User Content.

5.2 License Grant

By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, and process your content solely for the purpose of providing and improving the Service. This license ends when you delete your content or close your account.

5.3 AI-Generated Content

When you use our AI generation features, you own the output images generated from your prompts, subject to:

Compliance with these Terms and our Acceptable Use Policy
Any licensing terms of underlying AI models we use
Third-party intellectual property rights

We do not claim ownership of AI-generated images created for you but reserve the right to use anonymized, aggregated generation data to improve our services.

5.4 Content Representations

You represent and warrant that:

You own or have the necessary rights to upload and use all User Content
Your content does not infringe any third party's intellectual property, privacy, or other rights
Your content complies with all applicable laws and these Terms

6. Acceptable Use Policy

You agree not to use the Service to:

Violate any applicable law, regulation, or third-party rights
Upload, generate, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Create content depicting minors in any inappropriate context
Generate deepfakes or misleading media intended to deceive
Infringe copyrights, trademarks, or other intellectual property rights
Impersonate any person or entity or misrepresent your affiliation
Attempt to gain unauthorized access to the Service or other users' accounts
Interfere with or disrupt the Service or servers
Use automated systems (bots, scrapers) to access the Service without permission
Circumvent usage limits, rate limiting, or access controls
Resell, sublicense, or redistribute the Service without authorization
Use the Service to compete with us or create a similar service

We reserve the right to remove content and suspend or terminate accounts that violate this policy without notice or refund.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its original content (excluding User Content), features, functionality, design, software, and branding, are owned by ThumbBoost and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes in accordance with these Terms.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback without obligation to you.

8. Third-Party Services

The Service integrates with third-party services to deliver its functionality. Your use of such services is subject to their respective terms and privacy policies. We are not responsible for third-party services. Key integrations include:

Google Gemini (AI): Powers thumbnail generation, content analysis, CTR scoring, and the AI chat assistant. Your prompts, uploaded images, and reference materials are sent to Google's API for processing.
Dodo Payments (Payments): Processes subscription billing, one-time purchases, and payment information as our Merchant of Record.
PostHog (Analytics): Tracks product usage, feature adoption, and conversion funnels to help us improve the Service.
Sentry (Error Monitoring): Captures error reports, performance data, and session replays to help us identify and fix issues.
Google Ads (Advertising): Measures advertising effectiveness through conversion tracking.
YouTube API: Used for channel linking, video metadata retrieval, and thumbnail syncing (with your OAuth authorization).

For details on what data each service receives, see our Privacy Policy.

9. YouTube Disclaimer

ThumbBoost is an independent service and is not affiliated with, endorsed by, or sponsored by YouTube, Google LLC, or Alphabet Inc. The YouTube layouts displayed in our preview simulator are approximations for visualization purposes only. YouTube is a trademark of Google LLC.

10. Service Availability

10.1 Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

10.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for material changes that adversely affect paid subscribers.

10.3 API and Rate Limits

We may impose usage limits, rate limiting, and fair use policies. These limits may vary by plan and are subject to change.

11. Termination

11.1 Termination by You

You may cancel your subscription and delete your account at any time through your account settings. Upon cancellation, you retain access to paid features until the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your account if you:

Violate these Terms or our Acceptable Use Policy
Fail to pay fees when due
Engage in fraudulent or illegal activity
Upon reasonable belief that your account poses a security risk

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your data after a reasonable retention period (typically 30 days). Sections of these Terms that by their nature should survive termination will survive.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

The Service will be uninterrupted, secure, or error-free
Results obtained from the Service will be accurate or reliable
AI-generated content will meet your specific requirements
The preview simulator accurately represents actual YouTube layouts
Use of the Service will improve your click-through rates

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THUMBBOOST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your use or inability to use the Service
Any unauthorized access to or use of our servers or your data
Any interruption or cessation of transmission to or from the Service
Any bugs, viruses, or similar harmful code transmitted through the Service
Any errors, inaccuracies, or omissions in any content or for any loss or damage

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless ThumbBoost and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your User Content
Your use of the Service
Your violation of any third-party rights

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will try to resolve disputes within 30 days.

15.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15.3 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in Delaware or remotely. You waive any right to a jury trial or to participate in a class action.

15.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and ThumbBoost regarding the Service.

16.2 Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16.5 Notices

We may send notices to the email address associated with your account. You are responsible for keeping your email address current.

16.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17. Changes to Terms

We may revise these Terms at any time by posting an updated version. We will provide at least 30 days' notice of material changes via email or prominent notice on the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

18. Contact Information

For questions about these Terms, please contact us:

Email: [email protected]
Website: thumbboost.com