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

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:

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:

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:

5.3 Data Processing and Usage Rights

You acknowledge and agree that:

5.4 User Responsibilities

You represent and warrant that:

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:

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:

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:

8.3 Effect of Termination

Upon 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:

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:

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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