TERMS

Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and GETRYK, the business in Israel that operates Thumb (“GETRYK”, “we”, “us”). They cover your use of Thumb during its private beta.

You accept these Terms in your dashboard, by filling in the form there, ticking its boxes and choosing Agree and continue. They take effect when you do. They include our Acceptable Use Policy, and our Privacy Policy explains how we handle personal data.

THE SHORT VERSION

This summary helps you find your way. It isn't the agreement: the sections below are.

1. Who we are and what this covers

GETRYK operates Thumb. Our contact details are in section 25. These Terms include the Acceptable Use Policy. If the two conflict, these Terms prevail.

If you use Thumb for a company or another organisation, you accept these Terms on its behalf, and “you” means both you and that organisation. Only do this if you are authorised to bind it.

2. Definitions

In these Terms:

3. Who may use Thumb

4. The private beta

5. Your account and API keys

6. Your agent and your responsibility

7. Your phone

8. Third-party services and your accounts

9. Acceptable use

You must follow the Acceptable Use Policy, which is part of these Terms, and make sure your Agent and anyone using your account follow it too. In short: nothing illegal; no fraud, scams, phishing or impersonation; no spam or unwanted bulk messages or calls; no fake or bulk accounts; no getting around other services' security or limits; no harassment, stalking or surveillance; no use of a Phone's cameras, microphones or sensors beyond the apps you use; no child sexual abuse material; no malware, attacks or unauthorised access; no infringement; no breach of sanctions; no reselling access without our permission; no emergency calls or high-risk use; and nothing that exposes GETRYK, its network or its numbers to abuse. The AUP has the full rules.

10. Monitoring, safety measures and our access

11. Temporary unavailability, suspension and termination

13. Returning a phone, resets and your data

14. Data protection

Our own data. GETRYK is the controller of the personal data we collect to run Thumb, such as account details and Activity Metadata. The Privacy Policy explains how we handle it.

Data your Agent handles. Your Agent may process personal data on or through your Phone, such as what appears on its screen, messages, contacts and app data, including other people's (“Phone Data”). For Phone Data, you are the controller (or you act for your own customer, who is), and GETRYK processes it only as your processor (a “holder” under Israel's Protection of Privacy Law) while it passes through Thumb. For Phone Data, we commit to the following:

Your commitments. You are responsible for having a lawful basis for Phone Data and giving any notices the law requires, and you must not instruct us to process it unlawfully. Don't use Thumb for special categories of personal data, such as health data, unless the law allows it and it is necessary.

15. Fees

Thumb is free during the private beta. If we introduce fees, we will tell you at least 30 days in advance, and you will be charged only if you separately agree, for example by choosing a paid plan. We will never charge you without your agreement.

16. Intellectual property and feedback

17. Confidentiality in the beta

During the beta we may share non-public information with you, such as unreleased features, plans or pricing. Keep it within your organisation and use it only to evaluate and use Thumb, unless we agree otherwise. This doesn't cover information that is public or that you already had, and you may disclose it where the law requires. You are welcome to talk about your general experience of using Thumb.

18. Disclaimers

19. Limitation of liability

20. Indemnity

21. Export controls and sanctions

22. Changes to these Terms

23. Governing law and courts

24. General

25. Contact

GETRYK, Israel.

See also the Acceptable Use Policy, the Privacy Policy and the docs.