Safety by design

Thrive360AI LLC. Privacy Policy
Effective as of 14th of June 2024

1. Introduction 

Thrive360AI is an independent platform that delivers human-like conversational experience to its users. We understand that your privacy is important and that you care about how your information is used and shared online. We respect and value the privacy of everyone who uses our platform, and only collect and use information in ways that are consistent with your rights and obligations under applicable laws. 

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This Policy describes how Thrive360AI LLC (“Thrive360AI”, “our”, “we”, “us”) collects, uses and disclosures personal information about you when you use our App, and our application programming interfaces, software, tools, data and documentation offered on the App (collectively, “Services”). For purposes of this Privacy Policy, Thrive360AI is the data controller of your information, and “you” and “your” means you, the person using the Services. 

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Please read this Privacy Policy carefully and ensure that you understand it. By using any of our Services, you agree to this Privacy Policy and our collection, use and disclosure of your information as described in this Privacy Policy. If you disagree with this Privacy Policy, you must stop using our Services immediately. 

2. Scope – What Does This Policy Cover? 

This Privacy Policy applies only to our collection and processing of information about users of the Services, including individuals who access and use the Services on behalf of a business customer. 

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This Privacy Policy does not apply to our collection and processing of information on behalf of customers of our enterprise or business offerings, which is governed by our customer contracts. If you have questions about the use of information by a business customer, please reach out to the relevant customer directly. 

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This Privacy Policy also does not extend to any websites or platforms operated by third parties that are linked to our platform (whether we provide those links or other users share them) nor does it apply to content, data, applications or materials from third parties, including other users. We are not responsible for the privacy or security of, or information found on, these sites or platforms, or the accuracy, completeness or reliability of third-party materials, and have no control over how your information is collected, stored, or used by other websites. We advise you to check the privacy policies of any third-party website or platform before providing any information to them. Our inclusion of any links to third party websites or platforms does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators. 

3. What Information Do We Collect? 

We collect certain information about you from different sources, as described in this section. 

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Information You Provide Us 

Some features of the Services may require you to directly provide us with information. You may elect not to provide this information, but doing so may prevent you from using or accessing these features. Depending upon your use of our Services, we may collect some or all of the following information about you: 

• Account and contact information. When you create an account, we collect your name, email address and account password. We may also collect other information associated with your account, such as your phone number, emergency contact info that includes Full Name, Contact number and mailing address. Depending on the plan that you subscribe to, we may collect payment information and transaction history. All payment data is stored by Stripe. You may find their privacy notice link here. 
• User Input. When you use our Services, we collect personal information that is included in voice conversations (as defined in our Terms) that you provide to have conversations with any product of Thrive360AI, alongside metadata associated with the Input. As described below, we may use Input that you provide us to improve our services, for example, to train and enhance the models that power our Services. Some of the features of the Services require us to process parts of the voice conversations to better understand your sentiment and your lifestyle. The information we use for this process is used to create and personalize conversations and reminders.  
• Communications information. We collect your name, date of birth, email address and other information you provide in communications with us, including through the “Contact Sales” page or when interacting with us through our online chatbot. 

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Information Collected Automatically 

We automatically collect certain information about your interaction with the Services (“Usage Data”), including through cookies, web beacons and other technologies (“Tracking Technologies”). This information includes: 

• Device information, such as device type, operating system, unique device identifier and IP address. 
• Location information, such as approximate location based on IP address 
• Other information regarding your interaction with the Services, such as your operating system, browser type, date and time stamps and clickstream data (including referring site, the types of content that you view or engage with, the features that you use and other actions you take on the Services, as well as the site you exit to). 

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For more information on how we use Tracking Technologies and your choices, please see the "Cookies and Other Tracking Technologies" section below. 

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Information From Third Parties 

We may obtain information about you from outside sources, including: 

• Integration partners. Information we receive when you connect Thrive360AI to an integration service. 
• Login integrations. Information we receive when you choose to access the Services through a login integration or a Single Sign On service. 
• Social media platforms. Information we receive from social media platforms, such as when you interact with us on Google, Meta, YouTube, TikTok or Instagram. 

4. How Do We Use Your Information and for what Purpose? 

We use your personal information to provide you with the best possible products and services. Depending on the country in which you are located, we will only process your Personal Data based on a valid legal ground. Below we list purposes and appropriate legal grounds for processing: 

• Providing and managing your Account, and access to and use of our Services. It is necessary to perform our obligations under the services agreement between you and us. 
• Personalizing and tailoring your experience with our Services, including surfacing recommendations, enabling you to create Output and generating such output for you. It is necessary to perform our obligations under the services agreement between you and us. 
• Providing customer support, responding to communications from you, sending you emails that you have subscribed to or announcements relating to your account. 
• To train and enhance the models that power our products and services, including to make our avatar creation models more accurate. You may request to opt-out of this training and enhancement by contacting us at privacy@Thrive360AI.com 
• Providing customer support, responding to communications from you, sending you emails that you have subscribed to or announcements relating to your account. It is necessary to perform our obligations under the services agreement between you and us. 
• Understanding the usage of our services, to understand trends and preferences, to improve and repair errors in the services, and to develop new products, services, features, and functionalities. We have a legitimate interest in using your Personal Data for the purpose of understanding usage. 
• Enhancing the safety and security of our Services, such as conducting troubleshooting, data analysis, testing, evaluation and system reporting. We have a legitimate interest in using your Personal Data for the purpose of ensuring security and safety. 
• Complying with applicable legal obligations, enforcing our contractual arrangements and policies, and protecting or defending the Services, our rights and the rights of our users or others. We may need it to comply with a legal obligation, for instance to comply with court order. 
• Enforcing our contractual arrangements and policies, and protecting or defending the Services, our rights and the rights of our users or others. We have a legitimate interest in using your Personal Data to safeguard our contracts and legally recognized interests. 
• Sending you marketing communications, including news and offers on our products or services (with your permission/consent or where otherwise permitted by applicable law). Unless permitted by law, we will not send you unsolicited marketing communications. We will also take all reasonable steps to ensure that we comply with our obligations under applicable email marketing laws. You can unsubscribe from our emails at any time by using the unsubscribe function in the email communication to you, or upon manual request to privacy@Thrive360AI.com We will remove your email address from our subscriber list upon receipt of such a request. 

5. How Do We Share Your Data? 

We only disclose your personal information as described in this Privacy Policy. Unless otherwise described, we will never sell your personal information to anyone for monetary consideration. You always control your personal information. 

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In certain circumstances, we may disclose your personal information to third parties for the purposes described in this Privacy Policy, including: 

• Notifying: We could use your data to notify warm lines to provide emotional and physical support as deemed fit by Thrive360AI 
• Vendors and Service Providers. We may contract with third parties who help us provide the Services, including for payment processing, cloud storage, chatbot operation, voice transcriptions, system administration, security, customer relationship management, delivery of goods, search engine facilities, data analytics, advertising, and marketing. In some cases, these third parties may require access to some or all of your information. We will take all reasonable steps to ensure that your information will be handled safely and securely. 
• With direction or consent. We may also disclose information to third parties, including other users of the Services, when you request, direct or consent to us doing so, such as when you make output or other content available to others, through your use of login integrations and social media widgets or with your consent. 
• Affiliates. We may disclose information to our affiliates or others within our corporate group. 
• Legal reasons. In certain circumstances, we may be legally required to share certain data held by us, which may include your personal information, for example, where we are involved in legal proceedings or where we are cooperating or complying with the requirements of legislation, a court order, a governmental authority or law enforcement. We may also disclose information to comply with applicable law, to enforce our contractual arrangements and policies, or protect or defend the Services, our rights and the rights of our users or others. 

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We may also compile statistics about the use of our App, including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymized and will not include any personally identifying information. We may occasionally share such data with third parties, such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law. 

6. What Happens If Our Business Changes Hands? 

We may, from time to time, expand or reduce our business, and this may involve the sale and/or the transfer of control of all or part of our business, which could take various forms, such as an asset sale, merger, bankruptcy or other business transaction. Personal information provided by users will, where it is relevant to any part of our business so transferred, be transferred along with that part, and the new owner or newly controlled party will, under the terms of this Privacy Policy, be permitted to use the information for the purposes for which it was originally collected by us. We may also disclose personal information to third parties assisting with such a business transaction, such as legal advisors involved in the due diligence process. 

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If any of your personal information will be transferred in such a manner, you will be contacted in advance and informed of the changes. 

7. Cookies and Other Tracking Technologies 

As described above, the App and Services may use certain Tracking Technologies to collect Usage Data, including first-party Tracking Technologies (those placed directly by us and are used only by us) and third-party Tracking Technologies (those placed by websites, services and/or parties other than us). These Tracking Technologies include those provided by Google Analytics, Datadog, DoubleClick and Meta. 

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We use Tracking Technologies because it is in our legitimate interests to facilitate, improve and tailor your experience with the Services, run analytics, de-bug and to provide and improve our products and services. For example, we use Datadog to better understand our user’s experience (e.g., how much time is spent on pages, what features they use, what links they choose to click, etc.) and this enables us to build and maintain the Services with user feedback. We may associate Usage Data with the device you use to access the Services, or email accounts you use to engage with us. We also use Tracking Technologies for advertising related purposes, including for remarketing and to deliver targeted ads to you, and analyze and measure the effectiveness of our advertisements. We use cookies on our App in accordance with current English and EU Cookie Laws, and if you are in the EU or UK, we request your consent before dropping Tracking Technologies that are not strictly necessary for the Services. 

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Most browsers accept cookies automatically, but you may be able to control the way in which your devices permit the use of Tracking Technologies. While you do not have to allow us to use Tracking Technologies, they do enable us to continually improve our Services, making it a better and more useful experience for you. 

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If you so choose, you can choose to disable or delete cookies in your Internet browser at any time. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third-party cookies. For further details, please consult the help menu in your internet browser or the documentation that came with your device. Disabling or deleting cookies may cause some of the Services to work incorrectly, and you may lose any information that enables you to access our App more quickly and efficiently, including login and personalization settings. While your browser may allow you to transmit a “do not track” / “opt-out preference” signal or other mechanism for exercising choices regarding the collection of information by Tracking Technologies, like many App, our App is not designed to respond to such signals. To learn more about “do not track” signals, you can visit http://www.allaboutdnt.com/. 

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For information about interest-based ads, and to opt out of targeted advertising by companies that participate in the Digital Advertising Alliance, visit http://optout.aboutads.info/ or https://www.youronlinechoices.com/. You can also use the Network Advertising Initiative opt-out at https://thenai.org/opt-out/. Google and Meta also provide options to customize how your information is collected and used. For example, you can utilize Google Analytics’s Opt-Out Browser Add On here, or alter Facebook Ads Display options in your Facebook account. If you apply certain ad blockers or tools to restrict cookies, it may interfere with your ability to opt out. 

8. How Long Do We Store Your Information? 

We only keep your personal information for as long as we need to provide our products and services as described in this Privacy Policy and/or for as long as we have your permission to keep it. In determining the length of time we retain information, we consider various criteria, including whether we need the information to continue to administer your account, provide the Services, maintain output and content that you have generated, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property and products. We conduct reviews when appropriate to ascertain whether we still need to keep your information. 

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If you submit a request to delete your information, we strive to take steps to delete that information within 72 hours of your request, unless we are required or permitted to retain such information under applicable law. For additional information, see “Summary of Your Rights” below. 

9. How Do We Secure Your Information? 

Data security is of great importance to us, and to protect your personal information, we have put in place suitable physical, electronic, and managerial procedures designed to safeguard and secure personal information collected through our App. 

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Not withstanding any security measures that we take, it is important to remember that the transmission of data via the Internet may not be completely secure, and we cannot guarantee that the collection, transmission and storage of data will always be secure. Please take suitable precautions when transmitting data via the Internet to us. 

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In addition, if you choose to register an account with us, you are responsible for keeping your account credentials safe. We recommend that you do not share your access details with anyone. If you believe your account has been compromised, please contact us immediately. 

10. Summary of Your Rights 

When you submit information via our App, you may be given options to restrict our use of your information. We aim to give you strong control on our use of your information. Depending on where you live, you may have certain rights in relation to your personal information. However, these rights are not absolute, and may only apply in certain circumstances. 

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• Access. You may have the right to request access to the information we hold about you, how we use it, and who we share it with. 
• Delete. You may have the right to request that we delete information we hold about you. 
• Correct. You may have the right to request that we correct inaccurate information we maintain about you. 
• Opt out of targeted advertising. You may have a right to opt-out of the processing of your information for the purposes of targeted advertising. For more information, please see the “Cookies and Other Tracking Technologies” section above. 
• Portability. You may have the right to receive a copy of personal information we hold about you and request that we transfer it to a third party. 
• Restriction of processing to storage only. You may have the right to ask us to stop, suspend or restrict our processing of personal information. 
• Objection. You may have the right to object to our processing of personal information, including to object to (i.e., opt out of) your information being used to train our models. You can also object to marketing at any time by using the unsubscribe/opt-out function displayed in our communications to you. 
• Withdrawal of consent. Where we rely on consent to process your personal information, you may have the right to withdraw this consent at any time. If you confirm that you wish to withdraw your consent, we will delete your information from our systems. However, you acknowledge this may limit our ability to provide you with the best possible products and services. 

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To submit a request to exercise any of the foregoing rights, please contact us using the details set out in the “Contacting Us” section below. 

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We will not discriminate against you for exercising any of these rights. Further information may be needed to verify your identity before exercising these rights, such as your email address or government issued ID. You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. If we deny your request, you may appeal our decision by contacting us through the methods described below. 

11. Children's Privacy 

Our Services are not intended for minors under the age of 18, and we do not knowingly collect personal information from children under 18. If you are a parent or guardian of a child under 18 years old who has provided us with personal information, please contact us at privacy@Thrive360AI.com. If we become aware that we have unknowingly collected personal information from a child under age 18, we take steps to remove that information from our servers. 

12. Social Features 

Certain features of the Services allow you to initiate interactions between the Services and third-party services or platforms, such as Google, Meta, YouTube, TikTok, Instagram and email integrations (“Social Features”). Social Features include features that allow you to access our pages on third-party platforms, and from there “like” or “share” our content, or to access our Services through a login integration. The use of Social Features may allow a third party to collect and/or use your information. If you use Social Features, information you post or make accessible may be publicly displayed by the third-party service. We and the third party may have access to information about you and your use of the Services and the third-party service. For more information, see the section below. 

13. Sub processors and Third-Party Websites And Materials 

As described above, we are not responsible for the privacy or security of, information found on, or any practices employed by any third-party applications, websites, or services linked to or from our Service. Although we may provide links to third-party websites or platforms, or display content, data, applications or materials from third parties, our Privacy Policy does not apply to those third-party sites or materials, and your browsing and interaction on any third-party site, application, or service, including those that have a link on our Services, are subject to that third party's own terms and policies. 

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The current list of sub-processors can be found here. We reserve the right to engage new sub-processors, provided they meet high security and data protection. We sign Data Protection Agreements with all our sub-processors. 

14. Additional U.S. State Disclosures 

This section provides additional information to residents of California, Colorado or other U.S. states that have passed a law similar to the California Consumer Privacy Act (“CCPA”). For purposes of this section, “personal information” also includes “sensitive personal information” as those terms are defined under the CCPA. 

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The following table sets out the categories of personal information (sensitive information denoted by *) we collect and disclose (if applicable), including our practices over the past 12 months. 

Category of Personal Information 

Recipient(s) 

• Identifiers, such as name, contact information, IP address and other device identifiers 
• Vendors and service providers, with your direction or consent (e.g., to other users), with our affiliates. 
• Personal information under the California Customer Records statute, such as name 
• Internet and similar network activity information, such as information regarding your interactions with the Services, Input and UGC 
• Geolocation information, such as IP address 
• Vendors and service providers, with our affiliates.  
• Commercial information, such as your subscription transaction history 
• Characteristics of protected classifications, such as race, color, sex and age 
• Professional-related information, such as your business/company name 
• Information drawn from other personal information provided to us, which could include your preferences, interests, and other information used to personalize your experience. 
• Account access credentials, such as username and password* 

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For information regarding the specific purposes for which we collect and disclose your personal information and the categories of sources from which we collect your personal information, please see section 3 “What Information Do We Collect?” and section 4 “How Do We Use Your Information” above. Information about our retention of personal information is described in section 8, “How Long Do We Store Your Information”. We only use and disclose sensitive  personal information for the purposes specified in the CCPA or otherwise with your consent. 

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We do not “sell” or “share” (as those terms are defined in the CCPA) personal information, nor have we done so in the preceding 12 months. Further, we do not have actual knowledge that we sell or share personal information about California residents under 16 years of age. 

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California residents under the age of 18 who have registered to use the Services and posted UGC to the Services can request that their UGC be removed by contacting us at privacy@thrive360ai.com. Such a request must state that they personally posted such UGC or information and detail where the UGC is posted. We will make reasonably good faith efforts to remove the content from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control. 

15. Third-party Websites and Materials 

By using our Services, you understand that your personal information may be processed and stored on servers, and transferred to third parties, outside your country of residence, including the United States. 

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The personal information that you provide to us and that we collect from you will be transferred to, stored at, or processed in, countries outside your country of residence, such as to the United States. Your personal information is also processed by staff operating outside the EEA, UK or Switzerland who work for us or one of our third-party service providers or partners. We process the personal information that you provide to us in countries outside your country of residence in order to provide our Services, perform our contract with you, and provide our App’s functionality. We also use standard contractual clauses (SCCs) as relevant for certain transfers of personal information to third countries, unless the transfer is to a country that has been determined to provide an adequate level of protection for individuals’ rights and freedoms for their personal information. 

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16. Changes to our Privacy Policy 

We may change this Privacy Policy from time to time, in which case we will update the “Effective” date at the top of this Privacy Policy and post the updated Privacy Policy on our Site. If we make material changes to how we use personal information collected about you, we will use commercially reasonable efforts to notify you and take additional steps as required by applicable law. We recommend that you check this page regularly to keep up to date. If you do not agree to any updates to this Privacy Policy, please do not use or access any of the Services. 

17. Contacting Us 

If you have any questions about our Services or this Privacy Policy, please contact us by email at privacy@thrive360ai.com 

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Please ensure that your query is clear, particularly if it is a request for information about the data we hold about you. If you think we have infringed applicable data privacy or protection laws, you can complain to your local data protection supervisory authority in which you are based or where you think we have infringed data protection laws. Of course, we hope you will contact us first so we can resolve any issues. 

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In addition, if you are a Thrive360AI customer and wish to enter into a Data Processing Agreement with Thrive360ai, please contact us at privacy@thrive360ai.com  

Thrive360AI LLC. Terms & Conditions
Effective as of 14th of June 2024

Thrive360AI Terms of Service 

Effective as of 21st June 2024 

General 

By accessing and using Thrive360AI’s application programming interfaces, software, tools, data, documentation, or website (collectively, “Services”), you expressly agree that you have read and agreed to be bound by the following terms and conditions (the “Terms”) as well as all applicable laws and regulations. You also agree that you are 18 years or older and legally able to enter into a binding contract. 

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Unless otherwise specified, terms used below and in any of our other agreements or notices, including our Privacy Policy, have the following meanings. , 

"Client", “User”, “You” and “Your” refers to you, the person using Services and accepting the Terms. 

"Thrive360AI", “Ourselves”, “Our”, “We” and "Us", refer to our company, Thrive360AI Inc. 

“Representatives” means Thrive360AI’s personnel, advisors, affiliates, agents and suppliers. 

“Party”, “Parties”, or refers to both the Client and us, or either the Client or us. 

Any use of the above terminology or other words in singular, plural, capitalization, and/or he/she or they are taken as interchangeable and, therefore, as referring to the same. 

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These Terms and any policies incorporated in these Terms contain the entire agreement between you and Thrive360AI regarding access to or use of the Services and, other than any Service specific terms of use or any applicable Enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and Thrive360AI on that subject. 

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No agency, partnership, joint venture or other relationship is intended or created by your access to or use of the Services. 

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You may not assign or delegate any rights or obligations under these Terms and any purported assignment or delegation by you shall be null and void. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, or to any affiliate as part of a corporate reorganization. 

Privacy Statement 

We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use and disclose personal information you provide to us when you access and use the Services. For further information, please visit our Privacy Policy here. 

License to Use the Services 

We grant you a non-exclusive right to access and use the Services in accordance with these Terms. Thrive360AI retains all right, title, and interest in and does not agree to any transfer of title regarding the Services. Under this license, you may not: 

Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any of our proprietary technology that makes up or is included in the Services, except (i) you may create and store temporary files that are automatically cached by your web browser for display purposes, (ii) as otherwise expressly permitted in these Terms, and (iii) for clarity, the foregoing restrictions do not apply to Your Content; 

Submit, transmit, display, perform, post or store any content that is inaccurate, illegal, unlawful, including, without limitation, copyrighted images to the Services without the consent of the copyright owner, defamatory, obscene, sexually explicit, pornographic, violent, invasive of privacy or publicity rights (including, but not limited to, uploading images of individuals to the Services without their consent), harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable (collectively and individually, “Objectionable”); 

Use the Services for bullying, disruptive or Objectionable purposes, or in a manner that violates our policies and standards, including our Acceptable Use and Community guidelines or for political campaigning or lobbying purposes; or otherwise use the Services in a manner that is fraudulent, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, or Objectionable purposes; 

Frame, replicate, or develop an interface to access the Services without going directly to the Website (e.g., via an API), unless we explicitly make such functionality available to you; 

Duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same; 

Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, graphics, design, commercial symbol, or other proprietary notation displayed on or through the Services; provided that, for clarity, the foregoing does not include Your Content; 

Use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services; 

Access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same; 

Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services; 

Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services; 

Use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries those intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same; 

Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; 

Violate any applicable law or regulation in connection with your access to or use of the Services; 

Access or use the Services in any way not expressly permitted by these Terms; or 

Use or distribute User Output in a misleading way, including, without limitation, representing that the User Output is entirely human generated.  Further, if you distribute your User Output to others, we encourage you to proactively disclose that such User Output was created using artificial intelligence technologies so as not to mislead others of its origin. 

License to Your Content 

As part of your use of the Services, you may be able to input, post, upload and submit information (“User Input”) to the Services, and you may direct the Services to generate and output new content based on your User Input (“User Output”). Thrive360AI reserves the right to prevent or remove certain User Inputs or User Outputs in its sole discretion, for example, if they violate these Terms. Thrive360AI does not claim any ownership rights in your User Input or User Output and does not restrict your ability to use User Output for your own purposes (including for commercial purposes), except in the case of termination as specified below, and expressly disclaims any liability arising from your use of any User Output for a commercial purpose. As between us and you, to the extent we acquire any rights in any User Output, we hereby assign to you all rights, title and interest in and to such User Output. Your User Input, User Output, and any other information, materials, or content you post, upload, submit, or make available through the Services are collectively referred to herein as “Your Content.”  You are responsible for Your Content, including taking all steps necessary to ensure that it does not violate any laws or rights of third parties or these Terms. 

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Thrive360AI does not claim to own any of Your Content and by using the Services and uploading or generating Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify for technical purposes Your Content but solely as required to be able to operate, improve, promote and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sublicensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. 

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To the fullest extent permitted by applicable law, Thrive360AI reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. 

Term and Termination 

These Terms take effect when you first access the Services and remain in effect until terminated. You may terminate these Terms at any time by discontinuing the use of the Services and Outputs and deleting your account, if any, via your account settings. We may terminate your use of the Services immediately and without notice if you violate, or if we reasonably suspect in our sole discretion that you may have violated, the Terms. We may terminate the Terms at any time upon 30 days’ notice to you. Upon Thrive360AI’s termination of the Terms or termination of your use of the Services for any reason, Thrive360AI may, but is not obligated to, delete any of Your Content. Thrive360AI shall not be responsible for the failure to delete or deletion of Your Content. In addition, if Thrive360AI terminates the Terms or your use of the Services because it has found you in violation of these Terms or other applicable use policies, e.g., Thrive360AI‘s acceptable use policy, you must cease use of and delete any Outputs and any other materials obtained from the Services in your possession, whether in electronic or printed format. This section and those which by their nature are intended to survive the termination or expiration of the Terms, such as those titled General, Input and Output License, Confidentiality, Exclusions and Limitations, Indemnification, and Dispute Resolution, survive the termination or expiration of the Terms. 

Confidentiality 

You may get access to Confidential Information of Thrive360AI and other third parties through the Services. You may use Confidential Information only as needed to access or use the Services pursuant to the Terms. You will protect such Confidential Information with reasonable care in a manner at least as protective as you use for your own Confidential Information. If you are required by law or court order to disclose such Confidential Information, you will give reasonable prior written notice to Thrive360AI and undertake reasonable efforts to limit the sharing of Confidential Information, including assisting Thrive360AI with challenging such a request if possible. 

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Information should be treated as “Confidential Information” if it is designated as such by Thrive360AI or the third-party owner or if it should reasonably be considered confidential under the circumstances. When in doubt, information should be treated as Confidential Information. 

Payment 

If you wish to purchase any Services made available by Thrive360AI (“Payment”), you may be asked to supply certain information relevant to your Payment including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payments; and (ii) the information you supply to us is true, correct, and complete. 

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We may employ the use of third-party services for the purpose of facilitating Payment. By submitting your Payment information, you understand that we may share that information with these third parties subject to our Privacy Policy. 

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Your Payment is not confirmed until you receive a confirmation email from us or our third-party payment services. We and third-party services facilitating payments on our behalf, reserve the right to reject your Payment due to product or service unavailability, or if fraud or an unauthorized or illegal transaction is suspected. We also reserve the right to refuse payment, cancel an order, or correct pricing errors or mistakes even if we have already issued an invoice or received Payment. After you complete and we process your Payment, you will receive credits in your Thrive360AI account that may be used to generate applicable content pursuant to these Terms and any applicable pricing terms. 

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All prices shown by Thrive360AI are as a standard denominated in USD. We may change our prices occasionally, and these price increases will be effective 14 days (about 2 weeks) after they are posted to our website. We may determine to show the prices in the currency that Thrive360AI determines to be your local currency. You are responsible for paying any applicable taxes for purchases of any Services, which may be determined based on the billing information provided at the time of service. 

If you have purchased a subscription-based Service, we will charge your Payment on an agreed-upon periodic basis, and we may reasonably change the date on which the charge is posted. You may cancel the subscription payment from your Thrive360AI account. You may also request a refund of a subscription payment within fifteen (15) days of the date of payment, which we may prorate based on the number of credits issued for your subscription payment that you have already used. To request a refund (or partial refund), please contact us by using the on-site messenger or email us at support@thrive360ai.com. We will endeavor to issue any refund as soon as possible to the payment method used for the original Payment. We may immediately terminate your use of the Services without notice if you fail to make a Payment. 

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We may in our sole discretion provide complimentary credits to you that enable free use of Services. You agree that you have no title or interest in these complementary credits, which are not legal tender, and which Thrive360AI may revoke at any time. If you create more than one account or otherwise attempt to fraudulently obtain complementary credits we reserve the right to charge you the purchase price for Services you obtain using the credits or revoke your access to the Services. 

Refunds 

Payments are nonrefundable except as provided in the Terms. If you make any Payment to Thrive360AI, you have the right to request a refund of the Payment without providing a reason at any time within fifteen (15) days of the original date of Payment. We reserve the right to only issue a pro-rated refund which reflects the amount of credits you have used that you received from your Payment before claiming a refund. To request a refund (or partial refund), please contact us by using the in-app messenger or email us at support@thrive360ai.com. We will issue any refund to the payment method used for the Payment once it's approved. Refunds do not apply to Enterprise agreements. 

Exclusions and Limitations 

The services are provided "as is." Except to the extent prohibited by law, we and our representatives make no warranties (express, implied, statutory or otherwise) with respect to the services, and disclaim all warranties including, without limitation, to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the services will be uninterrupted, accurate or error-free, or that any content will be secure or not lost or altered. 

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We and our representatives will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these terms shall not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one hundred dollars ($100). The limitations in this section apply only to the maximum extent permitted by applicable law. 

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Thrive360AI takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. 

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You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Thrive360AI will be responsible for. 

Revisions and Errors 

The Services could include technical, typographical, or photographic errors. Thrive360AI does not warrant that the Services are accurate, complete, or current. Thrive360AI may make changes to the Services at any time without notice. Thrive360AI does not, however, make any commitment to updating the Services. 

Redistribution or Republication 

Redistribution or republication of any part of the Services is prohibited unless otherwise stated in the Terms, or with the express written consent of the Company. 

Third-Party Material in the Services 

We do not monitor or review the content of third parties’ websites or services that are linked to or accessible from the Services. Opinions expressed or material appearing on such websites or services are not necessarily shared or endorsed by us, and we should not be regarded as the publisher of such opinions or material. You acknowledge and agree that Thrive360AI is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third parties’ websites or services. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any materials, products, or services of third parties. Such materials and links to other websites are provided solely as a convenience to you. 

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Please be aware that we are not responsible for the privacy practices or content of these sites or services. We encourage our users to be aware when they leave our Services and to read the privacy statements of these sites or services. You should evaluate the security and trustworthiness of any other sites or services you visit. Thrive360AI is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from your interactions with third party sites or services. 

Our Intellectual Property 

The Services contain intellectual property owned by Thrive360AI and/or our Representatives, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the Thrive360AI.com name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the "look and feel." The entirety of the Services is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Services or intellectual property, in whole or in part without our prior written consent, including, without limitation, any and all text, graphics, code, software, video, audio on the Services. We reserve the right to immediately remove you from the Services without notice or refund or restrict you from access to the Services if you violate this term. 

Copyright Complaints 

If you believe that your intellectual property rights have been infringed by a user of the Services, please send notice to support@thrive360ai.com. ‍ 

Written claims concerning copyright infringement must include the following information: 

The physical or electronic signature of the copyright owner or an authorized agent; 

The identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works; 

The identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit us to locate the material (or the reference or link); 

The address, telephone number and e-mail address for the copyright owner or authorized agent; 

A statement that the person sending the notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

A statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner. 

Indemnification 

You shall indemnify and hold us and our Representatives harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms, violation of applicable law, or any use by you of the Services or Outputs thereof. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent. 

Force Majeure 

We shall not be deemed liable for any failure to perform any obligation in relation to the Services, including arising under these Terms, which is due to an event beyond our control, including but not limited to any act of God, terrorism, war, political insurgency, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. 

Waiver 

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which the Party is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these Terms or any agreement relating to the Services. No waiver of any of the provisions of these Terms or any agreement relating to the Services shall be effective unless it is expressly stated to be such in writing and signed by duly authorized representatives of the Company. 

Dispute Resolution 

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. 

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You and Thrive360AI agree that you will resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, other than claims brought in small claims court or claims solely for injunctive relief or intellectual property disputes. 

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You have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by notifying us in writing within thirty (30) days of the date that you first access the Services. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Thrive360AI through arbitration. If you do not opt out within thirty (30) days of the date you first access the Services, then you accept all terms and conditions of the arbitration and dispute resolution procedures described in the Terms. 

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Before initiating a formal action against Thrive360AI, including but not limited to a suit or arbitration, you agree to try to resolve the dispute informally by sending Thrive360AI notification by certified mail containing your name, a description of the dispute, the relief you seek, and the best method to contact you regarding your dispute. If we are unable to resolve this dispute in the greater of 60 days (about 2 months) or such time as we may mutually agree to resolve the dispute, you may bring a formal proceeding. Any statute of limitations will be tolled during such informal efforts. 

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The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by these Terms. Proceedings shall be conducted before a single arbitrator selected by mutual agreement of the parties from the AAA National Roster. In the case of face-to-face arbitration proceedings, the proceedings shall be conducted in Los Angeles County, California. Each party is responsible for the party’s own attorneys’ fees and expenses, and Thrive360AI will not pay your attorneys’ fees or expenses except to the extent ordered to do so by the arbitrator. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, or otherwise finds in Thrive360AI’s favor, you agree to reimburse Thrive360AI for all fees associated with the arbitration, including without limitation, attorneys’ fees and expenses. 

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The arbitrator shall not be permitted to grant injunctive relief (unless the parties mutually agree otherwise) and in any dispute involving monetary and injunctive claims, the monetary claims must be finally resolved in arbitration before seeking injunctive relief in court to the extent permitted by law. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof. 

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Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award. 

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Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award. 

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These Terms shall be governed by the laws of the State of California, without regard to choice of law rules or principles. Except where a claim must be brought in arbitration or small claims court under these Terms, or to the extent the requirement to arbitrate is held unenforceable or invalid for any reason, proceedings may be commenced only in a federal or state court located within Los Angeles County, California and you and Thrive360AI each consent to the jurisdiction of those courts for such purposes. 

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You and Thrive360AI also agree that, to the fullest extent permitted by applicable law, any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party’s individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceeding (“class action”). You agree to waive the right to participate as a plaintiff or class member in any class action. You expressly waive any ability to maintain a class action in any forum. If the dispute is subject to arbitration, the arbitrator will not have authority to combine or aggregate claims, conduct a class action, or make an award to any person or entity not a party to the arbitration. Further, you and Thrive360AI agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a class action. 

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You agree that a breach of these Terms will cause irreparable injury to Thrive360AI for which monetary damages would not be an adequate remedy and Thrive360AI shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. 

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Thrive360AI reserves the right to change these conditions as it sees fit, and your continued use of the Services will signify your acceptance of any adjustment to these Terms. We will make reasonable efforts to notify you, such as by email or via in-product notification, of any material changes to these Terms, which will go into effect 30 days (about 4 and a half weeks) after we provide such notice. All other changes take effect immediately and maybe without notice. You are responsible for re-reading the Terms regularly for any changes. 

Export Controls 

You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable export laws and regulations. 

Feedback 

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback, whether directly to us or by means of a third-party service, does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Thrive360AI, and Thrive360AI may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Thrive360AI all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and all other intellectual property right) that you may have in and to all Feedback. To the extent such rights cannot be assigned under applicable law, you hereby waive any moral and author's rights (including attribution and integrity) that you may have in and to all Feedback.