Terms of Service

1. Acceptance of Terms

By accessing or using the website located at thkindness.lol (the Site) and any services provided by TH Kindness Services LLC, a Florida limited liability company (TH Kindness, we, our, or us), you agree to be bound by these Terms of Service (Terms). If you do not agree to these Terms in their entirety, you must not access or use the Site or our services.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity you represent) and TH Kindness Services LLC. By using the Site, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Services Description

TH Kindness Services LLC provides computer systems design, network engineering, cloud infrastructure architecture, cybersecurity consulting, data systems engineering, and related information technology services (collectively, the Services). The specific scope, deliverables, timeline, and fees for any Service engagement will be set forth in a separate written agreement, statement of work, or service order executed by both parties.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice to affected clients. Descriptions of Services on the Site are for informational purposes and do not constitute a binding offer.

3. Website Use and Conduct

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable federal, state, local, or international law or regulation
• Attempt to gain unauthorized access to any portion of the Site, the server on which the Site is hosted, or any server, computer, or database connected to the Site
• Introduce any viruses, malware, trojan horses, logic bombs, or other harmful material
• Use any automated means — including robots, spiders, crawlers, or scrapers — to access, monitor, or copy any content from the Site without our prior written consent
• Interfere with or disrupt the proper working of the Site or any networks connected to the Site
• Use the Site to transmit any unsolicited advertising, promotional materials, spam, or similar solicitation

4. Intellectual Property Rights

All content on the Site — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the design and arrangement thereof — is the exclusive property of TH Kindness Services LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The TH Kindness name, the TH Kindness logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TH Kindness Services LLC. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Site except as incidental to normal web browsing.

5. Client Deliverables and Work Product

For Services provided under a separate written agreement, ownership and licensing of deliverables, code, documentation, configurations, and other work product created during the engagement will be governed by the terms of that agreement. Unless otherwise specified in the governing agreement, TH Kindness Services LLC retains ownership of all pre-existing materials, tools, methodologies, and intellectual property used in the performance of Services, and grants the client a perpetual, royalty-free license to use deliverables created specifically for the client.

6. Confidentiality

In the course of providing Services, TH Kindness Services LLC may receive or have access to confidential and proprietary information belonging to you or your organization. We agree to hold all such confidential information in strict confidence, to use it solely for the purpose of providing the Services, and to protect it with the same degree of care we use to protect our own confidential information of similar nature.

Confidential information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was lawfully in our possession prior to disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law, regulation, or court order, provided we give prompt notice to allow you to seek a protective order.

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TH KINDNESS SERVICES LLC DISCLAIMS ALL WARRANTIES, 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 Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects or errors will be corrected. We make no representations regarding the accuracy, completeness, reliability, or timeliness of any content on the Site. Your use of the Site is at your own risk.

For Services provided under a separate written agreement, the warranty terms set forth in that agreement shall govern.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TH KINDNESS SERVICES LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TH KINDNESS SERVICES LLCS AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TH KINDNESS SERVICES LLC IN THE TWELVE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless TH Kindness Services LLC, its members, managers, officers, employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site or Services; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any content or information you submit or transmit through the Site. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense.

10. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by TH Kindness Services LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that TH Kindness Services LLC shall not be liable for any damage or loss arising from your use of or reliance on any third-party content, goods, or services. We encourage you to review the terms and policies of any third-party site you visit.

11. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

For Services provided under a separate written agreement, termination provisions in that agreement shall govern.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to the personal jurisdiction and venue of such courts and waive any objection based on improper venue or forum non conveniens.

Before initiating any formal legal action, you agree to first contact us at contact@thkindness.lol and attempt to resolve the dispute informally. If the dispute is not resolved within thirty (30) days of such notice, either party may proceed with formal legal action.

13. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity and enforceability of any remaining provisions.

15. Entire Agreement

These Terms, together with our Privacy Policy and any separate written agreement governing specific Services, constitute the entire agreement between you and TH Kindness Services LLC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties — whether written or oral — regarding the Site.

16. Waiver

No waiver by TH Kindness Services LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of TH Kindness Services LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide notice before the new terms take effect — such as by updating the effective date above or posting a notice on the Site. Your continued use of the Site after any changes become effective constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes.

18. Contact Information

For questions about these Terms of Service, please contact: