Terms of Use

Please read these Terms before using this website. They are a binding agreement between you and Thunder Labs, Inc.

1. Who these Terms are with

This website at thunder.vc, including its subdomains and pages (the “Site”), is operated by Thunder Labs, Inc., a Delaware corporation (“Thunder”, “we”, “us”).

Advisory services described on the Site are provided by Thunder X Capital, LLC. Thunder X Capital, LLC is not a registered broker-dealer.

Securities, where offered, are offered through Finalis Securities LLC, member FINRA/SIPC. Finalis Securities LLC and Thunder X Capital, LLC are separate, unaffiliated entities. Finalis Securities LLC’s Office of Supervisory Jurisdiction is at 450 Lexington Ave, New York, NY 10017, 800-962-0418.

By accessing or using the Site, submitting a form, booking a meeting, or subscribing to our email, you agree to these Terms. If you do not agree, do not use the Site.

If you use the Site on behalf of a company or fund, you represent that you have authority to bind that organization, and “you” means both you and that organization.

2. Eligibility

You must be at least 18 years old and legally able to enter a contract. The Site is intended for professional and business use, not for personal, family or household purposes.

The Site is operated from the United States. We make no representation that its content is appropriate or available anywhere else. If you access it from another jurisdiction, you do so on your own initiative and you are responsible for compliance with local law. Some products and services described on the Site are not available to residents of certain jurisdictions.

3. What this Site is, and what it is not

The Site is informational. Everything on it is general information about Thunder and our work.

It is not an offer or a solicitation. Nothing on the Site is an offer, solicitation, recommendation, or commitment to enter any transaction, or to buy or sell any security or other financial product. It is not a confirmation of any transaction.

It is not advice. Nothing on the Site is investment, financial, legal, tax or accounting advice, and nothing on it is a recommendation that any transaction, security or strategy is suitable for you. Do not act on it without your own professional advisers.

No relationship is created by using the Site. Reading the Site, submitting a form, booking a call, receiving our email, or speaking with us does not create an advisory, agency, brokerage, fiduciary or client relationship. A relationship with Thunder begins only when both sides sign a written engagement agreement, and it is governed by that agreement, not by these Terms. Where a transaction involves securities, additional documentation with Finalis Securities LLC is required.

Not an offering of securities. No securities offering is made through the Site. Any securities transaction is conducted separately, through Finalis Securities LLC, under separate documentation, and subject to applicable law and to the requirements that apply to accredited and other qualified investors.

4. Content, results and third-party information

Not comprehensive. The Site is a summary. It is not a complete description of Thunder, our services, our fees, or any transaction.

Past results are not indicative of future results. Case studies, transaction figures, network statistics and outcome descriptions reflect specific circumstances at a specific time. They are not a promise, projection or guarantee of what will happen for you.

Forward-looking statements. Anything on the Site describing expectations, plans or projections is inherently uncertain and depends on factors outside our control. We do not undertake to update it.

Testimonials. Testimonials on the Site may not be representative of the experience of other clients. There is no guarantee of future performance or success. Individual client experience differs and may not always be representative of the services paid for. We do not pay for testimonials unless disclosed alongside them.

Third-party data. Market data, company data, valuations, indicative values, opinions and estimates on the Site come from sources we consider reliable but are not warranted as to accuracy or completeness, are subject to change without notice, and neither Thunder X Capital, LLC nor Finalis Securities LLC accepts liability for their use or for updating them.

Risk. Investments involve risk and are not guaranteed to appreciate. Private placements in particular involve a high degree of risk, may be illiquid and speculative, and are subject to substantial restrictions on transferability. Investors may lose all or part of their investment and should invest only capital they can afford to lose. Conduct your own diligence and consult your own legal, tax and financial advisers before any investment decision.

5. What you send us

Submissions are not confidential unless we agree in writing. If you send us an inquiry, a deck, a memo, financials, a business plan, an idea or any other material through the Site, by email, or in an introductory conversation, it is not treated as confidential and it does not create any obligation of confidentiality, non-use or non-disclosure. No non-disclosure agreement is formed by our receiving it. If you want confidentiality, ask us for a mutual non-disclosure agreement before you send anything sensitive, and we will usually sign one.

Accuracy. You agree that what you tell us is accurate and not misleading, and you will correct it if it changes. We rely on it to decide whether and how to work with you.

Third-party information. If you send us personal information about anyone other than yourself, such as a colleague, co-founder, shareholder or contact, you confirm you are entitled to share it with us and that you have given any notice or obtained any consent the law requires.

What we may do with it. You grant us a non-exclusive, worldwide, royalty-free license to store, review and internally use what you send us so that we can evaluate and respond to it and run our business. We do not acquire ownership of your material or your intellectual property.

Ideas and market knowledge. We work across the same markets as many of the people who contact us, and we may already be pursuing or advising on something similar. Nothing in these Terms prevents us from doing business with anyone, from advising competing parties subject to our conflicts procedures, or from using general skills, knowledge and experience gained in the ordinary course. This does not permit us to use your confidential information where we have signed an agreement covering it.

Feedback. If you send us suggestions about the Site or our services, we may use them freely and without obligation to you.

6. Meetings, recordings and communications

Recording. We may record and transcribe calls and video meetings, and we will tell you before we do. You may decline, and we will take written notes instead. By continuing in a meeting after notice, you consent to the recording.

Email. If you tick a marketing consent box, you agree we may email you about our work, market view, deal flow, dinners and the podcast. Every message has an unsubscribe link, and you can also write to help@thunder.vc. We will still send transactional and service messages related to something you asked for.

Electronic communications. You consent to receive notices and other communications from us electronically, and you agree they satisfy any legal requirement that a communication be in writing.

7. Events

Attendance at a Thunder dinner or event is by invitation and at our discretion. Requesting an invitation is not a guarantee of one. Events are private, conversations at them should be treated as off the record unless stated otherwise, and we may withdraw an invitation or ask a guest to leave.

8. Acceptable use

You may not:

1. Use the Site in violation of any law or regulation, or for any unlawful or fraudulent purpose.
2. Scrape, crawl, harvest, or use any automated means to extract data or content from the Site, other than a search engine indexing it in the ordinary way and consistent with our robots.txt.
3. Use the Site’s content, our team’s names, or contact details we publish to build a dataset, train a machine learning model, or generate marketing or outreach lists.
4. Send unsolicited commercial email, spam, or automated outreach to Thunder personnel or to contacts obtained through the Site.
5. Submit false, misleading or impersonating information, including using someone else’s name, email or firm.
6. Copy, modify, reverse engineer, decompile, create derivative works from, or mirror the Site or its underlying software.
7. Remove or obscure any copyright, trademark or other proprietary notice.
8. Introduce malware, or interfere with, overload, probe or attempt to gain unauthorized access to the Site, its infrastructure, or any connected system. Coordinated, good-faith security research reported to help@thunder.vc is welcome and is not a breach of this clause.
9. Circumvent any access control, rate limit or security measure.
10. Use the Site in a way that infringes the privacy, intellectual property or other rights of anyone else.

9. Intellectual property

The Site and everything in it, including text, design, graphics, photographs, illustrations, data visualizations, code, and the selection and arrangement of all of it, is owned by or licensed to Thunder and is protected by copyright, trademark and other laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access the Site and to download or print one copy of its materials for your own internal, non-commercial reference. That is a license, not a transfer of title, and it ends automatically if you breach these Terms.

“Thunder”, the Thunder wordmark and logo, and “$100M Exits” are trademarks of Thunder. You may not use them without our prior written permission, except to refer to us accurately and fairly.

If you believe content on the Site infringes your copyright, write to help@thunder.vc with enough detail to identify the work and the material in question.

10. Third-party sites and services

The Site links to services we do not control, including Finalis Securities LLC, FINRA BrokerCheck, our scheduling and CRM provider, the $100M Exits podcast and social platforms. We have not reviewed all of them, a link is not an endorsement, and we are not responsible for their content, availability, practices or terms. Use them at your own risk and read their terms yourself.

11. Privacy

Our Privacy Policy explains what we collect and how we use it, and it forms part of these Terms. By using the Site you acknowledge that we handle information as described there.

12. Availability and changes to the Site

We may change, suspend, restrict or discontinue the Site or any part of it at any time, without notice. We do not guarantee that it will be available, uninterrupted, timely, secure or error free.

13. Disclaimers

The Site and all of its content are provided “as is” and “as available”.

To the fullest extent permitted by law, Thunder disclaims all warranties, express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment.

We do not warrant that the Site will be accurate, complete, current, reliable, uninterrupted, secure, or free of errors, viruses or other harmful components, or that any defect will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

Nothing in these Terms limits any liability that cannot be limited under applicable law, including liability for fraud or fraudulent misrepresentation, or, where applicable, for death or personal injury caused by negligence.

14. Limitation of liability

To the fullest extent permitted by law:

No indirect damages. Neither Thunder nor its affiliates, officers, directors, employees, partners, agents or suppliers is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profit, revenue, business, goodwill, opportunity, savings, reputation, anticipated savings, use, or loss or corruption of data, arising out of or connected with your use of or inability to use the Site, whether in contract, tort (including negligence), statute, indemnity, equity or otherwise, and whether or not we were advised of the possibility.

Cap. Our total aggregate liability arising out of or connected with these Terms or the Site will not exceed one hundred US dollars (US $100).

This section applies to the Site only. It does not limit or affect the rights and obligations under any separate written engagement agreement between you and Thunder or Thunder X Capital, LLC. That agreement governs the liability terms of the work we do for you.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

15. Governing law and dispute resolution

Governing law. These Terms and any dispute arising out of them or the Site are governed by the laws of the State of New York, without regard to its conflict of laws rules.

Informal resolution first. Before starting any formal proceeding, contact us at help@thunder.vc with a description of the dispute and what you want. We will try in good faith to resolve it within 60 days. Most disputes end here.

Binding individual arbitration. If we cannot resolve it, any dispute, claim or controversy arising out of or relating to these Terms or the Site will be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, before a single arbitrator, seated in New York County, New York, and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Class action and jury waiver. Claims must be brought individually. You and Thunder each waive any right to a jury trial and any right to bring or participate in a class, collective, consolidated or representative action. If this waiver is found unenforceable as to a particular claim, that claim proceeds in court and the rest stay in arbitration.

Exceptions. Either party may bring a claim in small claims court, and either party may seek injunctive or other equitable relief in the state or federal courts located in New York County, New York, to protect intellectual property or confidential information. You consent to the jurisdiction of those courts for that purpose.

Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, unless applicable law prohibits a shorter period than the statutory one.

16. Indemnity

You will indemnify and hold harmless Thunder and its affiliates, officers, directors, employees and agents from any claim, liability, damage, loss and expense, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the Site, your violation of law, or your infringement of anyone else’s rights. We will tell you promptly of any such claim and you may control the defense, provided you do not settle in a way that admits fault on our part or imposes any obligation on us without our written consent.

17. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including breach of these Terms. Sections 5, 9, 13, 14, 15, 16 and 18 survive termination.

18. General

Changes to these Terms. We may revise these Terms at any time by posting an updated version at this URL with a new effective date. Changes take effect when posted, except that material changes to Section 15 do not apply to a dispute you have already notified us of. Continuing to use the Site after a change means you accept it.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Thunder about the Site, and they replace all prior versions, including the Terms of Service dated October 13, 2021. They do not replace or modify any signed engagement agreement, non-disclosure agreement or other written contract between us, and if there is a conflict, that signed agreement governs.

Severability. If any provision is held void or unenforceable, it is severed to that extent and the rest remains in effect.

No waiver. Our not enforcing a provision is not a waiver of it.

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

Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.

No third-party beneficiaries, except that Thunder’s affiliates, officers, directors, employees and agents may enforce Sections 13, 14 and 16.

Headings are for convenience and do not affect interpretation.

19. Contact

Thunder Labs, Inc.
363 Lafayette St, Floor 4, New York, NY 10012

Contact: help@thunder.vc

Securities are offered through Finalis Securities LLC, member FINRA/SIPC. Thunder X Capital, LLC is not a registered broker-dealer, and Finalis Securities LLC and Thunder X Capital, LLC are separate, unaffiliated entities. This website is for informational purposes only and is not an offer, solicitation, recommendation or commitment for any transaction or to buy or sell any security or other financial product.