Terms of Use

Last updated: 1 January 2025  |  Effective date: 1 January 2025

Welcome to tomorrowthailand.digital, operated by Digital Nomads TH (legal name: ORLANDO FERNANDEZ DELGADO LLC), a company incorporated and operating under the laws of the Kingdom of Thailand. These Terms of Use ("Terms") govern your access to and use of our website, products, content, and services (collectively, the "Services"). Please read these Terms carefully before accessing or using the Services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Services in any manner, you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms, together with our Privacy Policy and any other policies or guidelines incorporated herein by reference. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Services.

These Terms constitute a legally binding agreement between you and ORLANDO FERNANDEZ DELGADO LLC. Your continued use of the Services following any update to these Terms constitutes your acceptance of the revised Terms. If you are accessing the Services on behalf of a business, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to that entity.

Users must be at least 18 years of age (or the age of majority in their jurisdiction) to use our Services. By accepting these Terms you represent that you meet this age requirement.

2. Description of Services

Digital Nomads TH operates tomorrowthailand.digital, a digital platform primarily serving the digital nomad community in Thailand and internationally. Our Services include, but are not limited to:

• Providing information, guides, articles, and resources related to living, working, and travelling in Thailand as a digital nomad;
• Facilitating community forums, discussion boards, and member interaction;
• Offering curated listings of co-working spaces, accommodation, and lifestyle services across Thailand;
• Delivering newsletters, notifications, and digital communications;
• Providing affiliate links, advertising, and sponsored content related to products and services relevant to digital nomads;
• Offering premium membership tiers, subscription plans, or paid content where applicable;
• Any other features, tools, or services we may introduce from time to time.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. User Responsibilities and Acceptable Use

You agree to use the Services only for lawful purposes and in a manner consistent with all applicable local, national, and international laws and regulations, including the laws of the Kingdom of Thailand. Without limiting the foregoing, you agree not to:

• Post, upload, transmit, or distribute any content that is unlawful, harmful, defamatory, obscene, fraudulent, or violates the rights of any third party;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Services;
• Use automated tools, bots, scrapers, or data-mining technologies to extract data from the Services without our prior written consent;
• Introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material;
• Attempt to gain unauthorised access to any part of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
• Engage in any form of denial-of-service attack or distributed denial-of-service attack against the Services;
• Use the Services to send unsolicited commercial communications (spam);
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission;
• Violate any applicable laws or regulations, including Thailand's Computer Crime Act B.E. 2550 (2007) and its amendments, the Personal Data Protection Act B.E. 2562 (2019) (PDPA), and any other relevant Thai legislation.

We reserve the right, at our sole discretion, to investigate any suspected violation of these Terms and to take any action we deem appropriate, including removing content, suspending access, or reporting violations to law enforcement authorities.

4. User Accounts and Registration

Certain features of the Services may require you to register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately at [email protected] of any unauthorised use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to terminate accounts that contain inaccurate information or that have been used in violation of these Terms.

5. Intellectual Property Rights

All content, materials, and intellectual property available through the Services — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and arrangement of the Services — are the exclusive property of ORLANDO FERNANDEZ DELGADO LLC or its licensors, and are protected by applicable Thai and international intellectual property laws, including the Copyright Act B.E. 2537 (1994) of Thailand and relevant international treaties.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal, non-commercial purposes. This licence does not include the right to:

• Modify or create derivative works based on any content from the Services;
• Reproduce, publicly display, publicly perform, distribute, or otherwise exploit any content from the Services for commercial purposes;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Use any data mining, robots, or similar data-gathering and extraction methods in connection with the Services.

The Digital Nomads TH name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ORLANDO FERNANDEZ DELGADO LLC or its affiliates. You may not use such marks without our prior written consent. All other trademarks, trade names, and logos displayed on the Services are the property of their respective owners.

If you submit, post, or otherwise make available any content, feedback, suggestions, or material to us ("User Content"), you grant ORLANDO FERNANDEZ DELGADO LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Services. You represent and warrant that you own or have all necessary rights to grant this licence and that your User Content does not infringe any third party's rights.

6. Third-Party Links and Content

The Services may contain links to third-party websites, resources, advertisers, or services that are not owned or controlled by ORLANDO FERNANDEZ DELGADO LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to review the terms and privacy policies of any third-party websites you visit.

Inclusion of any link does not imply endorsement, approval, or control by ORLANDO FERNANDEZ DELGADO LLC of the linked site. We shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party content, goods, or services.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORLANDO FERNANDEZ DELGADO LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that: (a) the Services will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; (d) the results of using the Services will meet your requirements or expectations; or (e) any content, information, or materials available through the Services are accurate, complete, reliable, current, or error-free.

Information published on tomorrowthailand.digital is for general informational purposes only and does not constitute legal, financial, immigration, tax, or professional advice. You should seek appropriate professional advice before taking any action based on information found through our Services.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE THAI LAW, IN NO EVENT SHALL ORLANDO FERNANDEZ DELGADO LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE THOUSAND THAI BAHT (THB 1,000).

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages; in such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless ORLANDO FERNANDEZ DELGADO LLC and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your User Content;
• Your use of the Services or any content obtained through the Services;
• Your violation of any rights of a third party, including intellectual property rights or privacy rights;
• Your violation of any applicable law, statute, regulation, or ordinance.

We reserve the right to assume exclusive control of the defence of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of such claim at your expense.

10. Privacy and Personal Data

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. ORLANDO FERNANDEZ DELGADO LLC is committed to protecting your personal data in compliance with Thailand's Personal Data Protection Act B.E. 2562 (2019) (PDPA). By using the Services, you consent to our collection and use of personal data as described in our Privacy Policy.

11. Force Majeure

Neither ORLANDO FERNANDEZ DELGADO LLC nor you shall be held liable for any failure or delay in performing obligations under these Terms where such failure or delay results from causes beyond the reasonable control of the affected party, including but not limited to: acts of God, natural disasters, floods, earthquakes, storms, epidemics, pandemics, acts of government or regulatory authorities, war, civil unrest, terrorism, labour disputes, power outages, internet or telecommunications failures, or any other event of force majeure.

The party affected by a force majeure event shall promptly notify the other party in writing and shall use commercially reasonable efforts to resume performance as soon as practicable. If the force majeure event continues for more than sixty (60) days, either party may terminate the affected Services upon written notice.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law provisions.

Subject to the dispute resolution procedure set out in Section 13 below, you irrevocably submit to the exclusive jurisdiction of the competent courts located in 11240 SW 19TH St, Miramar, Florida, 33025-6618, United States for the resolution of any disputes arising out of or relating to these Terms or the Services.

13. Dispute Resolution

We encourage amicable resolution of any dispute, controversy, or claim ("Dispute") arising out of or relating to these Terms or the Services. Before initiating any formal proceedings, the disputing party must first contact ORLANDO FERNANDEZ DELGADO LLC in writing at [email protected] and provide a detailed description of the Dispute. Both parties shall then engage in good-faith negotiations for a period of at least thirty (30) calendar days from the date of the written notice.

If the Dispute cannot be resolved through good-faith negotiation within the thirty (30) day period, either party may refer the Dispute to mediation administered by the Thai Mediation Center (under the auspices of the Court of Justice of Thailand) or another mutually agreed mediation body. The mediation shall be conducted in the Thai or English language (as agreed by the parties) in 11240 SW 19TH St, Miramar, Florida, 33025-6618, United States.

If mediation is unsuccessful, the Dispute shall be submitted to the exclusive jurisdiction of the courts of the Kingdom of Thailand, as described in Section 12. Notwithstanding the foregoing, ORLANDO FERNANDEZ DELGADO LLC reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

14. Modifications to the Terms

We reserve the right to amend, modify, or update these Terms at any time, at our sole discretion. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify registered users by email or through a prominent notice on the Services. It is your responsibility to review these Terms periodically.

Your continued access to or use of the Services after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services immediately.

15. Termination

We may, at our sole discretion and without prior notice or liability, suspend or terminate your access to all or any part of the Services for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Services will immediately cease.

You may also terminate your relationship with us at any time by ceasing to use the Services and, where applicable, by deleting your account. Certain provisions of these Terms shall survive termination, including without limitation: intellectual property rights (Section 5), disclaimer of warranties (Section 7), limitation of liability (Section 8), indemnification (Section 9), governing law (Section 12), dispute resolution (Section 13), and any other provisions that by their nature should survive termination.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or any other relevant authority to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect. Any severed provision shall be replaced with a valid provision that, to the greatest extent possible, achieves the same economic, commercial, and legal effect as the severed provision.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines expressly incorporated by reference herein, constitute the entire agreement between you and ORLANDO FERNANDEZ DELGADO LLC with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

No waiver by ORLANDO FERNANDEZ DELGADO 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 ORLANDO FERNANDEZ DELGADO LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment without consent shall be null and void. ORLANDO FERNANDEZ DELGADO LLC may freely assign or transfer these Terms and our rights hereunder without restriction, including in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets.

19. Language

These Terms are drafted in the English language. In the event of any conflict between the English version and any translated version, the English version shall prevail to the extent permitted by applicable law.

20. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the Services, please contact us using the details below:

We aim to respond to all enquiries within 5 business days. For urgent legal matters, please mark your correspondence clearly as "Legal – Urgent" in the subject line of your email.

These Terms of Use were last updated on 1 January 2025 and are effective as of that date. © 2025 ORLANDO FERNANDEZ DELGADO LLC. All rights reserved.