Terms of service

The agreement

These terms (the “Terms”) are an agreement between you and Thump LLC (“we”, “us”), a Wyoming limited liability company, 30 N Gould St, Ste N, Sheridan, WY 82801, USA, which provides PingCadence (the “Service”) at pingcadence.com and app.pingcadence.com. Our privacy policy explains how we handle personal data and is part of these Terms.

You must be at least 18 and able to form a binding contract. If you use the Service for an employer or another organization, you confirm you’re authorized to accept these Terms for it, and “you” includes that organization. The Service is for business use, not personal or household use.

What PingCadence does

PingCadence imports a project plan from a file or from a tracker you connect, drafts status check-ins for the people who own tasks, sends them from your own mailbox once you approve them (or on a schedule, if you turn on automatic sending or reminders for a plan), collects their answers, and lets you apply approved date changes back to your tracker. Nothing is sent and nothing is written to a tracker without your explicit instruction in the app: approving a batch, applying a change, or turning on automatic sending or reminders for a plan. Keep your tracker or file as your system of record: PingCadence works on top of it and doesn’t replace it.

Accounts

• You sign in with a one-time link sent to your email address. Keep that mailbox secure: anything done through your account is treated as done by you.
• Give us accurate information and keep it current.
• Tell us at hello@pingcadence.com straight away if you think someone else has used your account.
• One person per account. Don’t share sign-in links.

Plans, pricing and payment

The plans, their limits and prices are shown on our pricing page and in the app. Today that includes a Free plan, a Pro plan priced per project manager, and a Team plan. People you check in with never need an account and are never charged.

• No charge without agreement. We never charge you without first showing you the price and getting your agreement. Payment details are entered on our payment processor’s (Stripe’s) page and held by it, not by us.
• Paid subscriptions, once you choose one, are billed in advance for each monthly or yearly period through our payment processor, and renew automatically until you cancel. You can cancel at any time, effective at the end of the current period.
• Price changes take effect at your next renewal, and we’ll tell you at least 30 days before.
• Refunds. Payments are non-refundable except where the law requires otherwise, or where we end the Service for reasons other than your breach, in which case we refund the unused part of a prepaid period.
• Taxes. Prices exclude taxes; you pay any taxes that apply, other than taxes on our income.
• Downgrades. Moving to Free keeps your plans and history; features that Free doesn’t include pause until you upgrade again.

The founding-member offer

We offer founding-member seats to a limited number of teams (the number left is shown on the pricing page). A founding member gets Pro free for 30 days from activation, and afterwards half the Pro price at the time they joined (today $14.50 per project manager per month) for as long as the subscription stays active, in exchange for one feedback call of about 20 minutes after the second check-in cycle.

• At least 7 days before your free 30 days end we’ll email you; you then choose to continue at the founding price or move to Free. Nothing is charged unless you choose to continue, and if you do, the first charge is no earlier than the day your free days end.
• The founding price ends if you cancel, move to Free, or don’t pay, and doesn’t transfer to another organization.
• We decide who receives a seat. Applying doesn’t guarantee one.

Your data

You own your content: the plans, people, questions, answers and reports in your account (“Customer Data”). You give us a limited permission to host, copy, process and display Customer Data only to provide, secure and support the Service for you, as described in the privacy policy. We don’t sell Customer Data or use it to train AI models.

You’re responsible for having the right to import and use Customer Data, including people’s names and email addresses. For personal data about the people you check in with, you (or your organization) decide how it is used and we process it on your behalf; we’ll sign a data processing agreement on request.

You can delete any plan from its page at any time, disconnect any service, and ask us to delete your account. After deletion we don’t keep your content, except in backups that rotate within 30 days.

Sending check-ins: your responsibilities

• Only add recipients you have a legitimate business reason to contact, normally people working on the same project.
• Review every batch before approving it. Check-ins leave from your mailbox under your name, and you are the sender of record.
• Honour opt-outs. If someone asks you to stop, remove them. If they ask us, we’ll pass the request on and may remove them ourselves.
• Follow the laws that apply to your messages, and the terms of your email provider (for example Microsoft’s sending limits).

Acceptable use

You agree not to:

• send unsolicited bulk or commercial email, spam, or messages that harass, threaten, deceive or impersonate anyone;
• upload unlawful content, malware, or data you have no right to use, or put sensitive data (such as health, financial-account or government-ID numbers) into plans or questions;
• probe, scan or test the vulnerability of the Service, get around its security, rate limits or plan limits, or access other accounts’ data;
• overload the Service, scrape it, or access it by automated means other than features we provide;
• copy, reverse-engineer, resell or sublicense the Service, or use it to build a competing product;
• use the Service in breach of the terms of Microsoft or the tracker you connect, or of export-control or sanctions laws.

Found a security issue? Please tell us at contact@pingcadence.com rather than testing it further; we welcome good-faith reports.

Connected services

Connecting Microsoft, monday.com, Asana, Jira, Trello, ClickUp or Wrike means their terms also apply to that connection. You authorize us to use each connection only as the privacy policy describes. We rely on their APIs: if a provider changes, limits or withdraws access, a connector may stop working, and we’ll say so on the integrations page. We aren’t responsible for those services, their availability or their pricing.

Our rights in PingCadence

Thump LLC owns the Service, including its software, design, documentation and the PingCadence name and logo. These Terms give you the right to use the Service while your account is active; they don’t transfer any ownership. If you send ideas or feedback, we may use them without obligation to you.

Availability, support and changes

We aim to keep the Service available and fix problems quickly, but planned maintenance and outages can happen. Support is by email at hello@pingcadence.com. We improve the Service continually, and may add, change or remove features. If we remove something that materially reduces a paid plan, we’ll tell you in advance, and you can cancel and receive a pro-rata refund for any prepaid period. Features marked early access or beta may change or end, and are provided as they are.

Disclaimers

Except as expressly stated in these Terms, the Service is provided “as is” and “as available”. To the extent permitted by law, Thump LLC disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement, and does not warrant that the Service will be uninterrupted, error-free or that answers people give will be accurate.

PingCadence collects and organizes what people tell you; it doesn’t verify it. Project decisions remain yours.

Limitation of liability

To the extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility; and (b) Thump LLC’s total liability for all claims relating to the Service or these Terms is limited to the greater of US $100 and the amounts you paid us for the Service in the 12 months before the event giving rise to the claim.

Nothing in these Terms limits liability that can’t be limited by law, including for fraud, or for death or personal injury caused by negligence. Some jurisdictions don’t allow certain limitations, so some of the above may not apply to you.

Your indemnity

You’ll defend and indemnify Thump LLC against third-party claims, and the resulting losses and reasonable costs, arising from Customer Data you imported, the people you chose to contact or the messages you approved, or your breach of these Terms or the law. We’ll tell you promptly about any such claim and let you control its defence, and we may join with our own counsel at our own cost.

Suspension and ending the service

• You can stop at any time: delete your plans, disconnect your services, cancel any subscription, or ask us to delete your account.
• We may suspend or end access that breaches these Terms, risks harm to others or the Service, or is required by law. Where it’s reasonable, we’ll tell you first and give you a chance to fix the problem.
• We may retire the Service with at least 30 days’ notice, during which you can export your reports.
• When access ends, your right to use the Service stops and we delete your content as the privacy policy describes. Sections that by their nature should continue (including your data, ownership, disclaimers, limitation of liability, indemnity and governing law) continue.

Governing law and disputes

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days after written notice to the other (to us at hello@pingcadence.com). Any claim that isn’t resolved will be heard in the state or federal courts located in Orange County, California, and both parties consent to their jurisdiction, unless the law where you live gives you the right to bring a claim in your local courts.

General terms

• Entire agreement. These Terms, the privacy policy and any order or plan you accept are the whole agreement about the Service.
• Assignment. You may not transfer these Terms without our consent. We may transfer them to an affiliate or a successor to the Service, and will tell you if we do.
• Notices. We’ll send notices to your account email; you can reach us at hello@pingcadence.com. You agree to receive notices electronically.
• Events beyond control. Neither party is responsible for delays caused by events beyond its reasonable control, such as outages of providers we rely on.
• Severability and waiver. If a provision is unenforceable, the rest still applies. Not enforcing a provision isn’t a waiver of it.
• Independent parties. These Terms don’t create a partnership, agency or employment relationship.

Changes to these terms

We may update these Terms. We’ll post the new version here with a new effective date and, for material changes, email account holders at least 14 days before they take effect. If you keep using the Service after that date, the new Terms apply; if you don’t agree, stop using the Service and you can cancel any subscription.

Contact

Thump LLC
30 N Gould St, Ste N, Sheridan, WY 82801, USA
hello@pingcadence.com