These Terms and Conditions (“Terms”) form a binding agreement between you and ThriveWorks Media LLC, a Wyoming limited liability company (“ThriveWorks,” “we,” “our,” or “us”), governing your access to and use of our websites, mobile applications, and related services (collectively, the “Service”). By creating an account or using the Service, you agree to these Terms.
1. Eligibility and Accounts
You must be at least 18 years old and capable of entering a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify our support team promptly of any unauthorized access or suspected security breach.
2. License to Use
Subject to your compliance with these Terms, ThriveWorks grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your personal or internal business purposes. All rights not expressly granted are reserved.
3. App Store Terms
If you download our applications through the Apple App Store or Google Play, additional terms from those platforms apply. Apple Inc. and Google LLC are third-party beneficiaries of your agreement, have no obligation to provide support for the Service, and are not responsible for the Service or any claims relating to it.
4. Subscriptions and Fees
Some features require a paid subscription. Subscriptions renew automatically for the same term unless you cancel before the end of the current billing period through the app store or account settings used to purchase the subscription. Except where required by law, fees are non-refundable, and partial-period refunds are not provided. If a payment fails, we may suspend access until the balance is resolved.
5. Your Content
You retain ownership of content you submit to the Service. You grant ThriveWorks a worldwide, royalty-free license to host, store, reproduce, modify (for formatting), transmit, and display your content solely as needed to operate, secure, and improve the Service. You represent that you have the rights necessary to grant this license.
6. Prohibited Conduct
You agree not to, and not to permit others to:
- Use the Service for unlawful purposes or in violation of these Terms.
- Reverse engineer, decompile, or attempt to extract source code, except to the extent expressly permitted by law.
- Introduce malware or interfere with the Service’s operation.
- Scrape, crawl, or harvest data without authorization.
- Resell, redistribute, or misrepresent the Service.
- Impersonate any person or entity.
7. Not Professional Advice
The Service and its outputs are provided for informational purposes only and do not constitute tax, legal, accounting, or financial advice. You are solely responsible for decisions made based on information from the Service and should consult a qualified professional for advice specific to your situation.
8. Third-Party Services
The Service may link to, or integrate with, third-party services. We do not control and are not responsible for third-party services, their content, or their practices. Your use of such services is governed by their own terms and policies.
9. Intellectual Property
The Service, including its software, content, trademarks, and look-and-feel, is owned by ThriveWorks or its licensors and is protected by U.S. and international intellectual property laws. If you provide feedback or suggestions, you grant ThriveWorks a perpetual, irrevocable, royalty-free license to use them without obligation.
10. Termination
You may stop using the Service at any time. We may suspend or terminate your access if we reasonably believe you have violated these Terms or to protect the Service or other users. Upon termination, provisions that by their nature should survive will remain in effect. Content handling after termination follows our Privacy Policy, except where retention is required by law.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THE ACCURACY OF ANY OUTPUT.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THRIVEWORKS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA. OUR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED U.S. DOLLARS ($100).
13. Indemnification
You agree to indemnify and hold ThriveWorks, its affiliates, and their respective personnel harmless from any claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your content, or your violation of these Terms or applicable law.
14. Changes to These Terms
We may update these Terms from time to time. For material changes, we will provide reasonable notice. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.
15. Governing Law
These Terms are governed by the laws of the State of Wyoming, excluding its conflict-of-laws rules, and applicable U.S. federal law.
16. Dispute Resolution and Arbitration
Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us. If we are unable to resolve the dispute within 60 days, any remaining dispute will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules. You and ThriveWorks waive the right to participate in class actions. You may opt out of this arbitration agreement by notifying us in writing within 30 days of first accepting these Terms.
17. Miscellaneous
These Terms constitute the entire agreement between you and ThriveWorks regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our prior written consent; we may assign them in connection with a reorganization, merger, or sale. Neither party is liable for delays caused by events beyond its reasonable control.
18. Contact
For legal inquiries, contact us at ThriveWorksMedia@gmail.com.