Terms of Service
Last Updated: July 17, 2022
Welcome to the Thrivo Technologies (“Thrivo”) website located at www.Thrivotechnologies.com (the “Site”) and mobile application Terms of Service (the “Terms”). The Terms govern your use of our Site and our mobile device application (the “App”), as well as use of any of our services. To make these Terms easier to read, the Site, our services, products, and App are collectively called the “Services.”
Agreement to Terms
Certain features of our Services may be subject to additional guidelines or terms(“Supplemental Terms”) which will be made available and updated from time to time. Using our Services means that you agree to be bound by these Terms (including any Supplemental Terms).
Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. It is important to review the Terms whenever we modify them because continued use of the Services after we have posted modified Terms on the Site or via the App, means that you agree to be bound by the modified Terms.
Who may use the Services
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via Google Sign in, Facebook Login, and Email. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Creation of a salon Account does not preclude individual stylists from creating an account and in many cases this will be the best practices recommended by the salon. Be sure to check with your Salon to confirm account creation best practices and to obtain an access code if applicable.
Purchases and Auto Delivery
We may sell products and services via the Site or App, which will be posted on the Site or App, with the applicable price. We may change these prices at any time and reserve the right to do so. We will charge the default payment method or any other payment method we have on file for your Account (e.g., credit card) for the applicable products and/or services purchased, including, but not limited to applicable shipping fees (which will be included in quoted prices or disclosed to you prior to your purchase) and sales, use or other taxes (each, a “Transaction”). Depending on the nature of the Transaction, amounts may be payable and charged at the time your order is placed, in certain circumstances, when delivered, or according to the terms and conditions of subscription or license agreements entered into and forming part of this agreement. You expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable other than as indicated in your specific terms and conditions of purchase. All fees and applicable taxes, if any, are payable in United States dollars. Title and risk of loss pass to you upon our transfer of the products to a common carrier. Our charges do not include any charges from your mobile carrier (e.g. data and messaging plans), which you are responsible for paying to your carrier.
You may place a recurring order for a product or service via the Site or App (each, a “Subscription”) for a recurring delivery of services. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE THRIVO TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH IN YOUR SUBSCRIPTION AGREEMENT. If you purchase a Subscription, we (or our third-party payment processor) will charge your Account the first time you place this order, and then at the frequency thereafter that you chose depending on the product and/or service you purchased until you cancel the Subscription with 60 days notice or until the termination date of the agreement if not renewed. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Thrivo. You may cancel your Subscription at any time, but please note that you must cancel your Subscription before it renews to avoid the billing of the next order. You can cancel your Subscription through the App or by contacting Thrivo directly.
If we cannot collect amounts owing to us we may terminate your access to and use of the Services and avail ourselves of any other available remedy.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, audio, video, client data, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Thrivo on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights and Responsibilities in Content
Subject to your compliance with these Terms, Thrivo grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, display and print the Content solely in connection with your permitted use of the Services.
Thrivo will not share identifiable customer data or Content with third parties, including other salons. However, depending on the best practices initiated by the salon under which the Account has been created, Content may be available to other users within the same salon and Account. Such permissioning should be discussed on set up and onboarding for use of the App to ensure full transparency.
Rights and Terms for Apps
Subject to your compliance with these Terms, Thrivo grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Thrivo reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Terms for App Store App
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Thrivo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
These Terms are concluded between you and Thrivo, and not with App Provider, and that, as between Thrivo and the App Provider, Thrivo, is solely responsible for the App.
App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Thrivo.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the App.
Thrivo agrees to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.Individuals using the App warrant that: (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
Thrivo's Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services or any individual element within the Services, Thrivo’s name, any Thrivo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Thrivo’s express written consent;
Access, tamper with, or use non-public areas of the Services, Thrivo’s computer systems, or the technical delivery systems of Thrivo’s providers;
Attempt to probe, scan or test the vulnerability of any Thrivo system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Thrivo or any of Thrivo’s providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Thrivo or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Thrivo trademark, logo URL or product name without Thrivo’s express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to, we have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account pursuant to the specific agreements entered into for your Service . Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services or any Content. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, AS NOTED ABOVE, ANY COLORISTA PROVIDING COLOR TO YOU SERVICES TO YOU.
You will indemnify, defend and hold harmless Thrivo and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) your violation of these Terms or any applicable law.
Limitation of Liability
NEITHER THRIVO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THRIVO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THRIVO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS PAID TO THRIVO FOR USE OF THE SERVICES OR CONTENT.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THRIVO AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between Thrivo and you regarding the Services and Content
You may not assign or transfer these Terms, by operation of law or otherwise, without Thrivo’s prior written consent which shall not be unreasonably withheld. Thrivo may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Thrivo under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site or App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.