Welcome to Clinch! Clinch is a platform that allows players to play head-to-head with peer-to-peer wagering. To get started, please read and accept the Terms of Service.
The Terms of Service ("Terms") outlined herein constitute a legal agreement between THNDR LTD. (collectively referred to as “THNDR”, “the Company”, “we“, “us” or “our” in this Terms of Service document) and yourself (collectively referred to as "you" or “the user” hereafter). By registering for an account, using THNDR Services, including Clinch and the Clinch mobile application, in any way, clicking "I accept," accessing applications integrated with THNDR’s Clinch technology, or taking part in any Experiences or Services (collectively, the "Experiences'' and “Services”, used interchangeably throughout, encompassing all activities within THNDR’s Clinch platform), you confirm that you have reviewed these Terms, any additional obligations, or Rules associated with each Experience, and agree to abide by these Terms. Your registration and use of any of THNDR’s Services indicate your acceptance of these Terms. If you do not agree to these Terms, refrain from clicking "I accept", abstain from registering with Clinch, and avoid using THNDR’s Services. Non-acceptance of these Terms restricts your ability to participate in all associated Clinch Experiences or create and / or utilize your Clinch account.
THNDR reserves the right, at its sole discretion, to revise or modify these Terms at any given time, and your continued use of the Service post such revisions or modifications implies your acceptance of the updated Terms. Users are responsible for periodically reviewing these Terms. Should you disagree with the Terms, your sole recourse is to discontinue using the Service and terminate any associated accounts.
Failure to comply with these Terms may result in THNDR issuing a warning, immediate suspension, or termination of any accounts associated with the Service without prior notice.
You acknowledge that THNDR reserves the right to modify any aspect of the Service, including its content, or terminate the Service entirely, without liability or prior notice.
The Service is intended for use by individuals aged 18 and above, and solely for recreational purposes. By using the Service, you confirm that you are 18 years of age or older.
Account – A user profile created within the Clinch.
Account Benefits – Advantages or privileges gained from using the Clinch, such as statistics, badges, match history, ELO score, and similar future features.
Applicable Laws – Legal regulations applicable to the service and its use.
Application - The Clinch mobile application, available in the App Store and Google Play in jurisdictions in which gameplay is permitted.
Company - THNDR LTD.
Competition – An event hosted by THNDR where users participate in gameplay against other users made available within Clinch.
Content Creator – A person or entity creating digital content, e.g., videos, blogs, graphics, memes, and more.
Device – Electronic equipment used to access the service, e.g., computer or smartphone.
Digital Assets – Virtual, non-physical resources, such as avatars, trophies, NFTs, etc., that can be received or used within Clinch.
Experience - Any event that occurs on the Clinch, this includes Competitions and Tournaments.
Gameplay – How a game is played, encompassing all actions and strategies related to the game.
Gaming Laws - Laws, rules, and regulations that govern the gaming and gambling industries.
Lightning Address – An internet identifier that allows users to send and receive Bitcoin on the Lightning Network.
Login Information – Data required to log into a user account. Login to the Clinch platform is only available through selected login platforms, such as Google, Apple, and X.
Platform - The the destination where THNDR-hosted skill-based games are hosted for users to engage in play and wager against peers. The Platform may be available on web browser, mobile web, mobile application, or other available outlets.
Prohibited Jurisdiction – Physical region(s) where users may not access Clinch.
Rake - The fee THNDR charges for operating the Clinch services including games and escrow operations.
Recording – An audio or video recording of a user's activity.
Service(s) - Payment contracts that allow users to execute peer-to-peer wagers on Clinch.
Service Materials – All materials such as, but not limited to, documentation, instructions, graphics, code, and technical solutions that are part of the service or experience.
Social Media – Online platforms enabling social interactions and content sharing.
Software - The Clinch software includes all payment contracts (Services) and games and supporting technology (Platform).
Streaming – Live content distributed to viewers in real time, typically of a game or other online activities.
Terms (Terms of Service) – An abbreviation for the content found in this document, the Terms of Service. This includes the rules and conditions under which a user can use Clinch and related services.
User Content – All materials such as texts, graphics, images, sounds, videos that a user transmits, publishes, or displays.
Website – The website https://clinch.gg/, providing functionalities related to Clinch.
Clinch allows users to place wagers on skill-based games directly between each other. Clinch only hosts skill-based games, and all mechanics and Experiences provided on or related to Clinch are distinctly ‘skill-based’ and are not considered gambling.
When you win the money, it's immediately yours.
When a user enters into a Clinch with an opponent, both users’ funds are entered into a short term escrow and held until the outcome of the match is known. Once the outcome is determined, the prize pool from the wager is sent to the winner.
THNDR LTD charges a ‘rake’, or fee, for providing the oracle service and hosting the games / matches. This fee is clearly outlined on the Platform and the user accepts the ‘rake’ before paying the entry fee for a wager.
Payments and fees
After each Clinch game is resolved:
To access and experience the Clinch Platform and Services, registration and account creation is required.
Eligibility to access Clinch as an account holder is contingent upon your country of residence. Clinch is provided to individuals residing in specific jurisdictions. Residents of jurisdictions listed in Appendix I, are ineligible to register with Clinch and are not entitled to use the Platform. By registering with the Platform, you affirm to THNDR that you are not a resident of the jurisdictions outlined in Appendix I.
If at any time you become aware that the legislation has changed, please inform the Company immediately via email hello@thndr.games
If you are a Clinch user and new legislation, for legal reasons, prohibits your use of THNDR and associate Services, you must immediately cease using these Services and promptly notify THNDR of the legal changes so the Company can block Clinch service in the specified areas.
To maintain an active Account on the Clinch Platform, you must fulfill the following criteria:
Arbitration: Any disputes arising from or relating to these Terms, THNDR Platform and Services shall be resolved through final and binding arbitration, as described in Section “Dispute Resolution and Governing Law”. Please review this section carefully, as you are relinquishing the right to litigate such disputes in court before a judge or jury to the maximum extent permitted under applicable law.
Changes to the Terms: THNDR reserves the right to amend, change, modify, or revise the Terms at any time. Major changes will be notified on the THNDR or Clinch Website, and your continued participation in Competitions, use of Software, or Services constitutes acceptance of any new or modified Terms. In rare cases the Company may send you notification about changes. You are responsible for regularly reviewing the Terms for updates.
Eligibility Criteria:
For U.S. Residents: To register an Account, participate in Competitions, or receive Services, individuals must be at least 18 years old, have the ability to enter a contract with THNDR, be physically present in the U.S., not within an excluded territory, when accessing their Account and participating in Competitions, and comply with these Terms. Failure to meet any of these requirements may lead to suspension, ban, or closure of the Account.
For Non-U.S. Residents: Eligibility includes being at least 18 years old, capable of contracting with THNDR, physically present in a jurisdiction permitting participation in the selected Competition, and compliance with these Terms. Failure to meet these requirements may result in suspension, ban, or closure of the Account, as deemed appropriate by THNDR on behalf of our developer partners.
During the process of creating an account to access the Service ("Account"), you may be required to select a password or permit THNDR to access your account information from a social network service ("Login Information"). References to Account and Login Information include any account and account information, such as user names, passwords, or security questions, used to access the Service, even if from a social network service account.
You shall safeguard your Account and Login Information, refraining from sharing or allowing access to anyone else that might jeopardize their security. THNDR will never solicit your password or seek answers to your password security questions from you. You can check the Clinch Privacy Policy for more information.
If you suspect or become aware of any security breach, including loss, theft, or unauthorised disclosure of your Login Information or unauthorised Account access, you must immediately notify THNDR and modify your Login Information.
Maintaining the confidentiality of Login Information is solely your responsibility, and you will be accountable for all its uses, including purchases, whether authorised by you or not.
You are accountable for all activities occurring through your Account, whether undertaken by you or not. You acknowledge that violating the Terms of Service or engaging in improper or illegal activities through your Account may result in its termination.
You commit to monitoring your Account to prevent use by minors and deny access to users under 18. You assume full responsibility for any unauthorised use of the Service by minors or their use of your payment instruments.
THNDR reserves the right to remove or reclaim any usernames, especially if claims arise that a username violates third-party rights.
Your user ID and / or nickname, will be publicly available, and search engines may index this information.
Any personal information provided during Account creation or experience (e.g., name, birth date, email, and payment information) will adhere to THNDR's Privacy Policy. You agree to supply accurate and updated information promptly as may be necessary.
Personal Location Data: As part of this service, on behalf of our developer partners, we collect location information from your device.
Use of Information Collected: By providing an email address, users authorize THNDR to provide them with important announcements, relevant promotions, and other related communications like Tournaments relating to the Clinch Service. Users will always have the opportunity to opt out of these communications at any time.
Licence: Upon your compliance with these Terms, THNDR grants you a personal, non-transferable, and limited scope licence to utilize Clinch strictly for private, non-commercial entertainment purposes. Any violation of these Terms will result in the immediate termination of your licence to use the Service.
THNDR welcomes users to promote Clinch, share their Experiences, and disseminate knowledge about Clinch via any Social Media platform, also Recording and Streaming of Gameplays and Experience without claiming any rights to income generated by content creators, based on promoting Clinch Services and THNDR.
Account Termination: THNDR reserves the right to deny access to the Service or terminate your account without notice if suspected violations of these Terms or improper use of THNDR's intellectual property are detected. Account termination may lead to the loss of associated Account Benefits (such as statistics, badges, and elo score), without any reimbursement. You acknowledge that THNDR is not obligated to provide prior notice before suspending or terminating your account. Following account termination, participation in the Services will necessitate express permission from THNDR. THNDR retains the right to decline services to any individual, and those whose accounts have been terminated are prohibited from using alternate accounts. If you believe any action has been erroneously taken against your account, please contact us at: hello@thndr.games
THNDR may interrupt the operation of Clinch and Services as necessary for maintenance, error correction, or other required work.
Remote Access, Updates, and Beta Releases: Technical support for Clinch Services may necessitate remote access to your device. Updates, patches, and modifications may occur through remote access without your explicit knowledge, to which you hereby consent. Failure to grant remote access may impede participation in the Clinch Experience. Clinch is under constant development and improvement; it may contain varied features compared to the final release and may not be suitable for production use.
Third-Party Sites: Through the Clinch Website and Application, you may access third-party websites or services (e.g. logins, bitcoin wallets, etc.). THNDR is not liable for third-party websites, services, or content accessible through such services. Your interactions with third-parties, including wallets, banks, advertisers, and others are solely your responsibility and may be subject to the third-party’s terms and conditions.
You may close your account at any time without any termination period, or you can simply stop playing Clinch. As THNDR does not accept deposits and is never in custody of your funds or money owed to you, all ongoing Clinch games (unsolved) must be completed by providing game results before account closure. If you choose to close your account in the middle of a Clinch, funds will be executed per the terms of a normal Clinch.
If you would like your personal data deleted, please refer to our Privacy Policy and follow instructions.
Prohibited Jurisdictions: You acknowledge that Clinch is subject to various rules, regulations, and laws governing sweepstakes, contests, and tournaments involving entry fees, Rakes, and / or payments between players. These laws are established individually by each U.S. state, country, territory, or jurisdiction.
Prohibited Jurisdictions in the United States, as of the most recent update of this document may be found in Appendix I. It is your responsibility to confirm whether your location falls within a Prohibited Jurisdiction. We reserve the right (but are not obligated) to monitor your location and may block access from any Prohibited Jurisdiction. Every time you log in to participate in a Clinch match, you must accurately confirm your current location.
Compliance with U.S. Laws: In addition to Gaming Laws, you are bound by all municipal, state, and federal laws, rules, and regulations of your city, state, and country of residence, including U.S. export laws (collectively referred to as "Applicable Laws"). You are solely responsible for complying with all Applicable Laws. Access to Competitions may be illegal or restricted for residents or individuals in certain jurisdictions. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Clinch is at your own risk, and THNDR is not liable if Applicable Laws restrict or prohibit your access or participation.
Legal Disclaimers: THNDR makes no express or implied representations or warranties regarding the lawfulness of your participation in any Competition offered by our developer partners or the use of Services. No person affiliated with THNDR or Clinch has the authority to make such representations or warranties.
Governing Law and Dispute Resolution: These Terms of Service are governed by and construed in accordance with the laws of the United Kingdom. Any dispute, controversy, or claim arising from or related to these Terms of Service and/or the Services shall be resolved by arbitration in London, United Kingdom, in accordance with the rules of arbitration in the United Kingdom. The parties agree to arbitrate solely on an individual basis, and no claims may be brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. Judgement on the award rendered by the arbitrator(s) may be entered in any court in London, United Kingdom having jurisdiction. Any action arising from the Services or these Terms of Service must commence within one (1) year after the cause of action accrues, or it is permanently barred. Each party shall bear its own costs in the arbitration proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void.
You represent and warrant to THNDR that (1) you have the right, authority, and capacity to agree to these Terms, to register for an Account, and to participate in the Experience for which you register; and (2) you will comply with these Terms when participating in Experiences, receiving Services, and / or using Software; and (3) all information you supply to the Company is complete, accurate, and current (and knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete, and accurate information, may result, without limitation, in immediate termination of your Account.
Disclaimer of Warranty; Limitation of Liability: You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, THNDR, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose, or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. THNDR makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, including:
In no event will THNDR, its directors, officers, agents, contractors, partners, and employees be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from your use of the Service or other materials on, accessed through, or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not THNDR has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that THNDR shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold THNDR, and each of its directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with:
You are solely responsible for your use of THNDR's Clinch Platform and Services. While using THNDR's Clinch Platform and Services, conduct yourself lawfully and respectfully, in accordance with, but not limited to, these rules:
THNDR does not pre-screen or control user content shared or posted by users on the Clinch Platform or any associated Services. While THNDR encourages users to upload and share content, the Company reserves the right to terminate access to public forums, and can change said approach or decision without any reason. THNDR can also request modifications if the content doesn’t align with these guidelines:
THNDR reserves the right to request edits or remove submitted information or materials.
If a Content Creator does not respond promptly to the request, the Company may initiate legal proceedings or report to relevant authorities dealing with the relevant offences.
Users may not publish false, defamatory information about THNDR or Clinch. You indemnify THNDR for any damages resulting from such actions.
For any questions about the appropriateness of your content according to our guidelines, contact us at hello@thndr.games. Feel free to reach out if you have questions or need access to materials helpful in content creation, such as graphic files, FAQs, or in-game data.
By accessing or participating in Clinch and using the Platform or Services, you agree not to engage in any activity that disrupts or attempts to disrupt the Services. This includes using unfair methods while participating in Services or using the Clinch Software, such as:
Engaging in such activities, collectively termed as 'Abuse,' will result in immediate sanctions at our discretion.
Sanctions may include:
Any attempt to gain unauthorised access to systems or any other user’s account, interfere with procedures or performance of Services, Platform, or the Website, or deliberately damage or undermine the Platform or Services is subject to civil and/or criminal prosecution.
Such actions will result in immediate termination of your Account and loss of your current open Clinches. You acknowledge that THNDR is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the Services or your Account.
Restrictions: Any use, reproduction, or redistribution of the Clinch Service, Software, or related products or services (including without limitation, Digital Assets and Concept) not expressly authorised by these Terms is expressly prohibited. You may not engage in, or assist others in engaging in, conduct that would damage or impair our property including:
(a) Copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products, or services obtained from us.
(b) Providing unauthorised means through which others may use Services such as through server emulators.
(c) Taking actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden, or impair our Websites or Services.
(d) Interfering with any other party’s use and enjoyment of the Platform, Services, Software (including cheating) and / or the Website.
(e) Attempting to gain unauthorised access to third party accounts, the Service, or Software.
Violating any of these provisions, whether outlined in this Section or anywhere throughout these Terms, will result in the immediate termination of your account, and if deemed necessary by THNDR, may involve legal action and the enforcement of the Company’s rights under applicable law.
THNDR retains all rights in the Clinch Service materials (including applications, software, designs, graphics, text, information, pictures, video, sound, music, and other files) collectively referred to as 'Service Materials.' These are protected by copyright, trade dress, patent, trademark laws, international conventions, and other laws governing intellectual property and related proprietary rights.
You shall not modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sublicence, distribute, reproduce, frame, republish, scrape, download, display, transmit, post, lease, or sell, in whole or in part, the Service Materials without THNDR's explicit, prior written permission. This excludes your own User Content posted through the Service in accordance with these Terms. Any other use of copyrighted or trademark material, including any derivative use, requires explicit, prior written permission from THNDR.
Reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Clinch account, as well as severe civil and criminal penalties. THNDR, its licensors, and affiliates own all rights, including copyrights and intellectual property rights, in and to all Service Materials. By using the Service or accessing any Service Materials, you acknowledge that you do not acquire any ownership rights, or rights to any intellectual property owned by THNDR or its affiliates.
In Clinch, skills matter, and the games are simple, but the most skilled and experienced players usually win. It's beneficial for users to learn and practice in the risk free version of Clinch games on a mobile device, available here: thndr.games/bitcoin-games, and on the App Store and Google Play. THNDR does not use bots anywhere on the Clinch Platform or Service, not even for training or tutoring users. The games on the Clinch Platform are skill-based and users play against real, human opponents. Similarly, users of Clinch and all THNDR products are strictly prohibited from using bots, whether in live or practice gameplay.
Clinch operates on the principles of fair play and transparent outcomes. In various Clinch-related Experiences, winning occurs when one player achieves a higher score than their opponent. This results in the winner gaining their opponent’s funds placed into the wager, keeping their funds initially risked in the wager, and the opposing player forfeiting their funds placed into the wager.
Confirmation of Results: Winnings in Clinch are validated by an oracle, typically represented by THNDR, ensuring the authenticity of results based on predefined conditions or actions that are equitable for both players (skill-based games).
Transparent Rewards: Upon meeting the winning criteria, reward payments are instantly and transparently triggered. The winning user securely receives the funds through the Lightning Network from the opposing player.
Immediate Processing: Clinch strives for swift processing of winnings, ensuring that confirmed results lead to the immediate execution of winning payouts between players.
Secure Transactions: All game outcomes are processed by THNDR, providing a reliable decision-making role in determining the game's winner. Clinch ensures that players cannot withdraw from the game and that the game must be settled by the scoring result.
You confirm that you are a legitimate user of THNDR's Clinch Platform and Services. In your use of the Clinch Platform and Services, you are strictly prohibited from:
When you pay the fee to your opponent in any Clinch Service, your payment to your opponent is held in temporary escrow and will settle and transfer to your opponent in the following cases:
THNDR does not take any responsibility if one of the aforementioned obligations is not fulfilled.
THNDR and its developer partners strive to maintain the Clinch Platform and Services; however, all online services encounter occasional disruptions. THNDR is not liable for any disruption or loss resulting from such events, (e.g. loss of current gameplay result data).
THNDR and its developer partners provide Services, products, information, and data "as is" and without warranty of any kind. THNDR does not guarantee the security, virus-free nature, uninterrupted or error-free functionality of the Clinch Platform, Services, or Software. THNDR is not liable for any damage, loss, or injury resulting from your use or access of the Clinch Platform, Services, or Software , or violations of these Terms by other users. THNDR has no responsibility to enforce these terms for the benefit of any user.
Each party, including users or collaborating parties, acknowledges not relying on any representations beyond what is outlined in these Terms. The relationship between the parties does not create a joint venture, partnership, or any form of legal ownership. No clause of these Terms will be waived unless documented in writing. Each party must ensure the full effectiveness of the Terms. The Terms are governed by the laws of the United Kingdom, and both parties submit to the non-exclusive jurisdiction of the courts of the United Kingdom (London). If any provision of these Terms is invalid, it does not affect the remaining provisions. You may not transfer any rights under these Terms without the consent of the Company.
THNDR, along with its affiliates, retains all rights, title, and interest in and to its trademarks, service marks, trade names, logos, domain names, and other distinctive brand features (collectively, "Trademarks"). The Trademarks are highly valued intellectual property, and significant resources are invested in developing and maintaining them.
You agree not to use, display, reproduce, or otherwise exploit any of THNDR’s Trademarks without prior written consent from the Company. This includes, but is not limited to, use in domain names, website URLs, social media handles or pages, or any other online presence that could cause confusion. Unauthorised use of the Trademarks is strictly prohibited and will be enforced to the full extent of the law.
Except for the limited use rights expressly granted under this agreement, no other rights are granted, either express or implied, to the Trademarks. All goodwill generated from the use of any THNDR or Clinch Trademark will insure exclusively to the benefit of THNDR.
If you become aware of any usage of THNDR Trademarks in violation of this section or in a manner that violates any law, please contact the Company immediately at hello@thndr.games.
THNDR may modify this Trademarks section at any time. THNDR reserves the right to take action against any use that does not conform to these Terms, including infringement action without limitation.
Do not disseminate any of THNDR's trademarks, images, text, or related content without THNDR's written approval.
Subject to these Terms, you grant THNDR a worldwide, perpetual, unrestricted, royalty-free licence to use, copy, modify, distribute, publish, perform, transmit and display any and all communications, materials, content and information that you submit to us or our developer partners, whether directly or through the Website, Services, or Software (“Content”), and waive any moral rights you may have in Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions or the like, will be treated by us and our developer partners as non-confidential and non-proprietary. Subject to these Terms, THNDR and developer partners may use your Content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share Content in a way that infringes others’ copyrights, trademarks, other intellectual property rights or privacy rights, you are breaching these Terms. You represent and warrant to THNDR and developer partners that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate any Applicable Laws. If your Account is cancelled or terminated, THNDR and developer partners may permanently delete your Content from THNDR and associated servers and the company has no obligation to return the Content to you.
Subject to these Terms, THNDR grants to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited licence to install and run the Software, in object code format only, on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licenced rights only. You may not network the Software among devices. You may not directly or indirectly, or authorise any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Software or its structural framework; (ii) create derivative works of the Software; (iii) use the Software in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software that is under your possession or control.
Some Services and Software may allow you to create digital objects, such as avatars. Such digital objects, in addition to any digital or virtual objects or assets THNDR assigns to your Account, such as virtual, badges, trophies, avatars, or other virtual goods, are collectively referred to as “Digital Assets”. You acknowledge that because all Digital Assets are created through the Software and/or Services, THNDR solely and exclusively owns all Digital Assets. To the extent THNDR does not automatically own any Digital Asset, you hereby irrevocably, expressly and automatically assign to THNDR, in perpetuity, all right, title and interest in and to any such Digital Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Digital Assets that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free licence (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Digital Assets, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Digital Assets, and (c) to exercise any and all other present or future rights not yet known in Digital Assets. Subject to these Terms, THNDR grants you a limited licence to use Digital Assets through your own Account solely for purposes and in furtherance of your use of Services.
All content of the Website, all THNDR products and services, including, but not limited to Clinch, all THNDR logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel”, all Digital Assets and those portions of the Software and Services which are property of THNDR as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are THNDR’s sole and exclusive property. THNDR reserves all rights not expressly granted herein. Except as expressly set forth herein, no right or licence is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
You agree that your use of Clinch and Services is at your own risk.
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless THNDR from and against all claims, demands, actions, liabilities, losses, damages, penalties, expenses, and costs (including reasonable legal costs and expenses awarded by a court) arising from or relating to:
To the maximum extent permitted under applicable law, neither THNDR nor its developer partners, suppliers, licensors, or users will be liable to you or any third party for any indirect, special, punitive, consequential damages (including, without limitation, lost profits, lost data, or loss of goodwill) arising out of or relating to these Terms, the website, Clinch, general experience, or any information, services, products, or software made available or accessible to you. This includes claims or actions of contract, warranty, negligence, strict liability, breach of statutory duty, indemnity, contribution, or otherwise, even if THNDR or its developer partners, third-party suppliers, or licensors have been advised of the possibility of such liability.
To the maximum extent permitted under applicable law, THNDR's maximum liability arising out of or connected to these Terms shall not exceed £10.00. The existence of one or more claims by you will not increase THNDR's liability. In no event shall THNDR's developer partners, suppliers, or licensors have any liability arising out of or connected to THNDR's products, information, or services.
Certain jurisdictions do not allow limitations of liability for incidental, consequential, or certain other types of damages; therefore, the limitations and exclusions set forth in this section may not apply to you.
Efforts to resolve disputes will be made promptly and in good faith via the THNDR support email at hello@thndr.games.
If a dispute remains unresolved for 30 days from written notification by a party, it may be referred to mediation. The Resolution Institute may act as the appointing and administering body. The party with the grievance bears the mediation costs unless agreed upon otherwise (including at mediation).
One mediator will preside, with English as the language, and the mediation will occur in London, United Kingdom.
Litigation procedures may not be initiated unless the mediation process is exhausted, except when seeking injunctive relief.
These Terms are governed by the laws of the United Kingdom without regard to its principles of conflicts of law. Any disputes shall be finally resolved by arbitration, and the tribunal will rule on challenges to its jurisdiction or the arbitration provision's validity.
Both parties agree to arbitrate solely on an individual basis, prohibiting class arbitration or claims brought in a class or representative arbitration proceeding. The arbitrator(s) will administer the arbitration in London, United Kingdom.
Actions related to the Services and/or these Terms must commence within one year after the cause of action accrues, or they are permanently barred. Each party covers its costs in the arbitration proceeding. If the prohibition on class arbitration is deemed invalid, the entire arbitration agreement becomes void.
Unique experience protection
The Clinch Platform, Service, and general Experience is proprietary to THNDR. THNDR will actively and decisively pursue its rights in court against any attempt to copy anything associated with Clinch. THNDR recognizes the immense developmental and financial potential of Clinch. Therefore, the Company will actively and unhesitatingly defend the established service, Clinch Platform and Service, and Experience in court.
While THNDR does not sell bitcoin, the Clinch Platform and Services utilise Bitcoin as an integral part of the Experience, working with fully licenced and regulated third-party providers.
Users should be aware that using, trading, holding virtual currencies, such as Bitcoin, carry significant risks, potentially resulting in substantial loss that is not insurable.
Carefully assess whether purchasing bitcoin for the Clinch Platform and Service aligns with your financial situation and risk tolerance.
Bitcoin differs from traditional currencies or commodities and exhibits high volatility. It lacks centralised backing and remains largely unregulated, making it susceptible to market fluctuations, shifts in investor confidence, and regulatory changes.
THNDR is not responsible for converting or exchanging bitcoin from or into other currencies THNDR acts solely as the Platform and Service provider.
While THNDR may support various bitcoin wallets, the Company is not obligated to do so. THNDR’s decision to support or discontinue cooperation with a particular wallet is at the sole discretion of the company and may be made without notification or justification.
For secure payments on our Platform and any service involving Bitcoin transfer, always exercise caution when sending during payments and always verify the Lightning Address you are using.
Below you will find a comprehensive list of countries and territories where the Clinch Experience is not supported by law, and users from these countries cannot access Clinch due to legal and regulatory restrictions.
Afghanistan, Belarus, Belgium, Bosnia And Herzegovina, Bulgaria, Congo, Cote D’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Egypt, Estonia, France, French Guiana, French Polynesia, French Southern Territories, Greece, Hungary, Indonesia, Iran, Iraq, Italy, Japan, Kosovo, Latvia, Lithuania, Malaysia, Malta, Montenegro, Myanmar, Nigeria, North Korea, North Macedonia, Pakistan, People’s Republic of China, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Sudan, Syrian Arab Republic, Turkey, Ukraine, Vietnam, Yugoslavia, Zimbabwe.
Afghanistan, Algeria, Bangladesh, Bolivia, China, Egypt, Ecuador, Indonesia, Morocco, Nepal, Taiwan, Thailand, Turkey, Qatar, Iran, Vietnam,
USA: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee.
California, Georgia, Ohio, West Virginia, Maine, Indiana.
Andhra Pradesh, Arunachal Pradesh, Kerala, Nagaland, Odisha, Sikkim, Tamil Nadu, Telangana.
This list of countries and territories may change as rules and regulations change.
