thrv Terms of Service
By accessing the thrv Software (“Software”) or Consulting Services (“Consulting Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). For purposes of these Terms of Services “you” includes others having their own logins and passwords under your account.
thrv, LLC (“Company”) reserves the right to update and change these Terms of Service without notice. Also, in the event of any conflict between any of these Terms of Service and any agreement between thrv and you regarding thrv Software or Consulting Services, the terms of the agreement shall prevail.
Violation of any of these Terms of Service may result in the termination of your account.
USE OF THRV SOFTWARE
Software Account Terms
- You are responsible for maintaining the security of your account and passwords. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
- You may not use the Software for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login and password can only be used by one person – a single login shared by multiple people is not permitted. The person or entity in whose name the account is registered can create separate logins for as many people as desired.
- Anyone accessing our website or Software must be a human. Accounts registered by “bots” or other automated methods are not permitted and when discovered will be deactivated.
Payment, Refunds, Upgrading and Downgrading Terms
- The Software is offered with a free trial for 30 days. If you need more than 30 days, you will only be able to continue using the Software by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made and deactivated if payment for additional usage is not made within 30 days of the expiration of the 30 day trial.
- Rate changes for any upgrade or downgrade in plan level will go into effect at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
- Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
- All plan charges are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on the Company’s net income. Where required, theCompany will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
- By accessing and using the Software, you authorize us to charge the credit card or bank account you provide Company’sfor all fees and charges payable in connection with the use of the Software. You further authorize us to use a third party to process payments and to disclose your payment information to such third parties. Company’s takes the measures described in its Security Overview to protect your payment from disclosure to third parties.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not sufficient and will not cancel your account. You can cancel your account at any time by clicking on the “Cancel Subscription” button on the Company Settings page. The cancel link provides a simple no-questions-asked cancellation process.
- All of your content will be inaccessible from the Service at the end of your current billing cycle. Within 30 days of the end of your last billing period, all content will be permanently deleted from active systems and logs. Within 60 days of the end of your last billing period, all content will be permanently deleted from our backups. This information can not be recovered once it has been permanently deleted.If you need to access to your information back-up within the 60 days of deleting of your subscription, please send an email to email@example.com.
- If you cancel the Software before the end of your current paid up month, your cancellation will take effect at the end of your current billing period, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
- The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Software for any reason at any time. Such termination of the Software will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Software and Prices
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Software with or without notice, provided, however, that the Company shall use commercially reasonable efforts to provide you with 24 hours notice before modifying or discontinuing any part of the Software.
- Prices of the Software are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the thrv site or the Software itself.
- The Company is not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Software.
Copyright, Patent and Content Ownership
- All content posted on the Software must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Software. All materials uploaded remain yours.
- The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Software.
Software Service Level
Availability of the Software. The Software will be available to the Company at least 95.0% of the scheduled available time (“Scheduled Available Time”) in any calendar month (the “Service Level Target”). Scheduled Available Time shall not include time during which thrv may schedule routine maintenance of the Software during off-peak hours (i.e., 9:00 p.m. to 2:00 a.m. (Pacific Time)). In the event the availability of the Software does not achieve the Service Level Target, Company, as its sole remedy, shall be entitled, subject to the Company Reporting Obligations described below, to credits (“Credits”) in an amount equal to the percentage of the effective monthly Software Fees as follows:
Actual Available Time
(% of Scheduled Available Time per month) Credit
90% - 94.99% 10% of Monthly Fee
85% - 89.99% 20% of Monthly Fee
84.99% or less 30% of Monthly Fee
Software Credit Limitation. No Credit shall be paid if the unavailability of the Software is caused by any malfunction or failure of Company’s hardware, systems, any force majeure as described in Section 8.4 (Force Majeure) of the Agreement, other software, or Company’s internet service provider.
Credit Verification Process. To be entitled to a Credit, Company shall (i) report any unscheduled unavailability of the Software as soon as possible upon its occurrence, and in no case less than 24 hours from its occurrence (“Company Reporting Obligations”) to the thrv Help Desk at firstname.lastname@example.org, and (ii) must request, in writing, any Credit due hereunder within thirty (30) days of the conclusion of the month in which it accrues. Company hereby waives any right to Credits not reported as set forth in this Section 4.3 (Credit Verification Process). Credits verified by thrv shall be applied to any subsequent Monthly Fee due under the Agreement or any additional fees incurred hereunder, or, if no such Monthly Fee or other fees become due, shall be paid, at the request of the Company, in U.S. Dollars from thrv upon the termination of this Agreement
USE OF THRV CONSULTING SERVICES
Consulting Services Terms
- If the Company provides you with professional consulting services (which may include research, training, workshops, or analysis), you retain all rights, titles, and interest in and to (i) any data you provide to Company and (ii) any output resulting from the application of the Consulting Service to such data. In furtherance of the foregoing, the Company hereby assigns the output of any Consulting Services you have paid for to you.
- Notwithstanding the foregoing, you understand, acknowledge and agree that the Company provides its services to many other customers and that you do not have any right to any such other customer’s data.
- In furtherance of the foregoing, you hereby agree not to bring any claim, complaint, demand or legal, governmental or regulatory action against the Company or any customer of the Company for any output generated from the application of the Company’s Consulting Services to the data of any such customer.
- Nothing herein prevents the Company from performing similar Consulting Services that may or may not result in similar output for the Company and/or others and the creation of the output and delivery thereof shall in no way be deemed a violation of any of your rights.
- Your use of the Software is at your sole risk. The Software is provided on an “as is” and “as available” basis.
- Technical support for the Software is provided via email.
- You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Software.
- You must not modify, adapt or hack the Software.
- You must not modify another website so as to falsely imply that it is associated with the Software or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Software, use of the Software, or access to the Software without the express written permission by the Company.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Software customer, Company employee or officer will result in immediate account termination.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Software customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Software for other customers.
- The Company does not warrant that (i) the Software will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations, and (v) any errors in the Software will be corrected.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) your use or inability to use the Software or Consulting Services; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Software; (v) or any other matter relating to your access and/or use of the Software or the Consulting Services. You further expressly understand and agree that, in any event, the Company’s liability to you or any third party for any cause whatsoever arising from the access or use of the Software or Consulting Services shall be limited to the fees paid by you to the Company in the 6 months immediately preceding the date of the occurrence giving rise to the claim.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. Absent a separate agreement between you and the Company regarding your access to or use of the Software or the Consulting Services (in which case the terms and conditions of such agreement shall take precedence), these Terms of Service constitutes the entire agreement between you and the Company and governs your access to and use of the Software or Consulting Services, superseding any prior and terminated or expired agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to email@example.com.
- Any new features that augment or enhance the current Software, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Software after any such changes shall constitute your consent to such changes.
- You agree that any and all disputes, claims or controversies arising out of or relating to this Terms of Service shall be submitted to JAMS (www.jamsadr.com), or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for non-binding arbitration as set forth herein.
- This Terms of Service shall be governed by and construed under the laws of the State of California. All disputes arising out of or related to this Terms of Service will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.
Information that is gathered from visitors
In common with other websites, log files are stored on the web server saving details such as but not limited to the visitor's IP address, browser type, referring page and time of visit. Cookies are used to remember visitor preferences when interacting with the website. Where registration is required, for example when creating an account for the thrv Software, the email address and name provided by the registrant will be stored on the server.
How the Information is used
The information is used to enhance the visitor's experience when using the website to display personalised content and possibly advertising. E-mail addresses will not be sold, rented or leased to third parties. E-mails may be sent to inform you of news of our services or offers by us or our affiliates.
How we may disclose or share Personal Information
We do not sell or otherwise disclose Personal Information we collect about you, except we may share your Personal Information:
- to any law enforcement body, regulatory, government agency, court or other third party where disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, (iii) as may be required under our insurance policies, or (iv) to protect your vital interests or those of any other person;
- to an acquirer, successor, or assignee as part of any merger, acquisition, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in the e-mail that you receive. You may be able to block cookies via your browser settings, but this may prevent you from access to certain features of the website.
thrv Security Overview
This overview is provided for informational purposes only. It represents thrv’s current product offerings as of the date of issue of this document, which are subject to change without notice. Customers are responsible for making their own independent assessment of the information in this document and any use of thrv’s products or services, each of which is provided “as is” without warranty of any kind, whether express or implied. This document does not create any warranties, representations, contractual commitments, conditions or assurances from thrv, its affiliates, suppliers or licensors.
- Infrastructure Overview
- Application Security
- Data Encryption
- Data Recovery
Thrv uses Amazon Web Services (“AWS”) to persistently store customer data and does not host customer data on its premises or store customer data with any other third party services. AWS is a leading cloud provider, and holds industry best security certifications, such as SOC2 and ISO 27001. Customer data sent to thrv and ingested around the world is sent to AWS data centers located in the United States.
Security is part of our entire development process. We consider data protection as part of the implementation of systems and services:
- We use real-time protection AWS services that help us to protect from common DDoS attacks, such as SYN floods and UDP reflection attacks.
- 24/7 monitoring and alert system for errors in our systems.
- Our software release cycle is very rapid, and security patches for third-party libraries are deployed soon after they are released.
We use an SSL certificate issued by Digicert to encrypt data that is sent from and to your browser preventing “man in the middle” attacks. The communication of your data with third party services is encrypted too.
We use TLS1.2 to encrypt our data in transit, being the most up to date TLS’s version.
At rest, media files are encrypted with one of the strongest block ciphers available to encrypt your data, 256-bit Advanced Encryption Standard (AES-256).
Your payment method data will not be stored in our servers, we trust Stripe to handle all payment transactions. Details for credit card information are transmitted and processed securely.
Thrv relies on the following practices:
- We use Amazon Web Services to host our customer data. Automation of the system provision process through Infrastructure as Code allows us to reproduce and rebuild reliably our servers and services.
- All data in the production environment will be frequently snapshotted and stored durably. Backups are maintained for 21 days.