TERMS OF SERVICE
Welcome to Thrive (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of the Thrive mobile application (the “App”) and any related services (collectively, the “Services”). By downloading, accessing, or using the App, you agree to be bound by these Terms.
1. ACCEPTANCE OF TERMS
By creating an account or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.
2. DEFINITIONS
- “Account” means the user profile you create to access the App
- “Content” means all text, graphics, images, data, software, and other materials available through the App
- “User Data” means any data, content, or information you provide or generate while using the App
- “Services” means all features, functionality, and services provided through the App
3. LICENSE GRANT AND RESTRICTIONS
3.1 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial use.
3.2 License Restrictions
You agree that you will NOT:
- Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App or any part thereof
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the App
- Use the App for any commercial purpose or for the benefit of any third party
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or any features or functionality of the App to any third party
- Use the App in any manner that could damage, disable, overburden, or impair our servers or networks
- Use any robot, spider, scraper, or other automated means to access the App for any purpose
- Attempt to gain unauthorized access to any portion of the App or any other systems or networks connected to the App
- Use the App in any way that violates any applicable local, state, national, or international law
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership of App and Content
The App and all Content, including but not limited to software, code, designs, text, graphics, images, logos, icons, audio clips, video clips, data compilations, algorithms, user interface, functionality, and all intellectual property rights therein, are and shall remain the exclusive property of Thrive and its licensors.
All rights, title, and interest in and to the App, including all intellectual property rights, are owned by us and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. No rights are granted to you hereunder other than as expressly set forth in these Terms.
4.2 Trademarks
The Thrive name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Thrive. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
4.3 Prohibition on Copying and Reproduction
You expressly acknowledge and agree that:
- The App contains proprietary and confidential information that is protected by applicable intellectual property and other laws
- You shall not copy, reproduce, duplicate, modify, or create derivative works from any portion of the App
- Any unauthorized use, reproduction, or distribution of the App or its Content may result in severe civil and criminal penalties
- We reserve all rights not expressly granted in these Terms
4.4 Protection Against Infringement
We actively protect our intellectual property rights. Any attempt to copy, reverse engineer, or otherwise misappropriate our intellectual property will be met with appropriate legal action. You agree to indemnify us against any losses arising from your unauthorized use of our intellectual property.
5. USER DATA AND CONTENT
5.1 Data You Provide
You retain ownership of any personal information you provide to the App. However, by using the App, you grant us certain rights to use, process, and analyze this data as described in these Terms and our Privacy Policy.
5.2 License Grant to Your Data
By submitting, posting, or displaying User Data through the App, you grant Thrive a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Data in any media formats and through any media channels, whether now known or hereafter developed, for the purposes of:
- Operating, providing, maintaining, and improving the Services
- Developing new features, products, and services
- Creating aggregated and anonymized data for analytics, research, and business purposes
- Training and improving our algorithms, artificial intelligence, and machine learning models
- Marketing and promotional purposes
- Any other lawful business purpose
5.3 Data Processing and Usage Rights
You acknowledge and agree that:
- We may collect, store, process, and analyze all User Data and usage information generated through your use of the App
- We may create derivative data, aggregated data, and anonymized data from User Data for our business purposes
- We may use User Data to improve our Services, develop new features, and create insights about user behavior
- Aggregated and anonymized data derived from User Data may be used, shared, or sold without restriction, and you have no rights to such derivative data
- We may retain User Data even after you delete your account, in accordance with our Privacy Policy and applicable law
5.4 User Responsibilities
You represent and warrant that:
- You own or have the necessary rights to provide any User Data you submit
- Your User Data does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
- Your User Data does not contain unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material
- Your User Data does not contain viruses, malware, or other harmful code
6. ACCEPTABLE USE POLICY
6.1 Permitted Uses
You may use the App only for lawful purposes and in accordance with these Terms.
6.2 Prohibited Conduct
You agree NOT to:
- Use the App in any way that violates any applicable law or regulation
- Exploit, harm, or attempt to exploit or harm minors in any way
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent
- Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App
- Use the App to transmit any false, misleading, or fraudulent information
- Interfere with or disrupt the integrity or performance of the App or the data contained therein
- Attempt to gain unauthorized access to the App or its related systems or networks
- Harass, abuse, or harm another person through the App
- Use any information obtained from the App to contact, advertise to, solicit, or sell to any other user without their prior explicit consent
- Engage in any automated use of the system, such as using scripts to send comments or messages
7. ACCOUNT REGISTRATION AND SECURITY
7.1 Account Creation
To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
7.2 Account Security
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to:
- Notify us immediately of any unauthorized access to or use of your account
- Not share your account credentials with any third party
- Take reasonable steps to prevent unauthorized access to your account
7.3 Account Responsibility
You are solely responsible for all activities that occur under your account, whether or not you authorized such activities. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
8. TERMINATION AND SUSPENSION
8.1 Termination by You
You may terminate your account at any time by following the account deletion process in the App or by contacting us at [your contact email].
8.2 Termination by Us
We reserve the right to suspend or terminate your account and access to the App at any time, with or without cause, with or without notice, for any reason, including but not limited to:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- At our sole discretion for any other reason
8.3 Effect of Termination
Upon termination:
- Your right to use the App will immediately cease
- We may delete your account and all associated User Data
- All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability
- You acknowledge that we retain the rights to use User Data as described in Section 5.2 and 5.3, even after termination
9. MODIFICATIONS TO THE APP AND TERMS
9.1 Modifications to Services
We reserve the right to modify, suspend, or discontinue the App or any part thereof at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the App.
9.2 Modifications to Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when posted. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. We will indicate the “Last Updated” date at the top of these Terms.
10. DISCLAIMER OF WARRANTIES
THE APP AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER 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 App will function uninterrupted, securely, or be available at any particular time or location
- Any errors or defects will be corrected
- The App is free of viruses or other harmful components
- The results of using the App will meet your requirements
YOUR USE OF THE APP IS AT YOUR SOLE RISK.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THRIVE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Thrive, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the App
- Your User Data
- Your violation of any rights of another party, including any intellectual property rights
- Your violation of any applicable law or regulation
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any dispute arising out of or related to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
13.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
14. PRIVACY
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your information.
15. EXPORT CONTROL
You agree not to export or re-export the App or any portion thereof in violation of any applicable export control laws or regulations.
16. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Thrive regarding the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
17. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
18. WAIVER
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. ASSIGNMENT
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you.
20. FORCE MAJEURE
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
21. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Thrive
Email: [your email address]
Address: [your address]
22. ACKNOWLEDGMENT
BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
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