Terms of Service

1. Definitions

Throughout this agreement, the following terms shall have the meanings ascribed to them:

1. Thrive: Refers to the mobile application developed and provided by Zavana.co (or its affiliates), designed to promote personal growth, self-improvement, and positive change.
2. User or You: Any individual or entity who downloads, accesses, or uses the Thrive app, thereby agreeing to be bound by these terms.
3. Zavana.co: Refers to the company responsible for the development, maintenance, and distribution of the Thrive app, its affiliates, employees, and authorized agents.
4. Content: Encompasses all information, data, text, graphics, images, audio, video, and any other materials provided or made available within the Thrive app.
5. User-Generated Content: Any content, including but not limited to text, images, comments, and feedback, that users contribute, share, or post within the Thrive app.
6. Account: A user's personal registration and access credentials, including username and password, necessary for using the Thrive app.
7. Eligible User: An individual who meets the app's specified eligibility criteria, including age and location, and who has a valid account.
8. Subscription: Any paid service or feature within the Thrive app that grants users access to premium content or enhanced functionality.
9. Terms: Refers to these License Terms and the agreement they constitute between the user and Zavana.co for the use of the Thrive app.
10. Privacy Policy: The separate document outlining how Zavana.co collects, uses, stores, and protects user information, accessible through the app.
11. Dispute Resolution: The procedures outlined in this agreement for resolving disputes, disagreements, or issues that may arise between users and Zavana.co.
12. Force Majeure: Unforeseeable circumstances or events beyond the control of Zavana.co, such as natural disasters, wars, or government actions, which may temporarily or permanently affect the app's availability or performance.

2. Description of Service

Thrive allows users to manage and share goal information and access resources related to the creation and chasing of goals. Zavana.co may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the provided services, temporarily or permanently.

3. Use of the App

By using the Thrive app, you agree to adhere to the following terms and conditions:

1. Eligibility Criteria:

• You must meet the eligibility criteria set forth by Thrive, including age and location requirements, to use the app. If you do not meet these criteria, you may not use the app.

2. User Account Creation:

• To access certain features and content within Thrive, you may be required to create a user account.
• You are responsible for providing accurate and complete information during the registration process.
• You must keep your account information, including your username and password, confidential and not share it with anyone else.
• You are solely responsible for any activity that occurs under your account.

3. User Responsibilities and Obligations:

• You agree to use the Thrive app in a lawful and responsible manner, adhering to all applicable laws and regulations.
• You will not engage in any activities that may harm, disrupt, or interfere with the proper functioning of the app or the experiences of other users.
• You will not attempt to access or use the app in any unauthorized manner or for any malicious purposes, including hacking, data mining, or unauthorized data collection.
• You will respect the intellectual property rights of Zavana.co and other users. Do not copy, distribute, or modify the app's content without proper authorization.

4. Compliance with Privacy Policy:

• Your use of the Thrive app is also subject to our Privacy Policy, which outlines how we collect, use, store, and protect your personal information.
• By using the app, you acknowledge and agree to the terms outlined in the Privacy Policy.

5. Termination of Accounts:

• Zavana.co reserves the right to suspend or terminate your account, with or without notice, for any violation of these terms or for any other reason deemed necessary to protect the integrity of the app.
• In the event of account termination, you will lose access to all content and features associated with your account.

We encourage you to use Thrive responsibly and in a manner that fosters personal growth and positive change. Failure to abide by these terms may result in the termination of your account and other legal actions as necessary.

4. Content and User Interaction

As a user of the Thrive app, you are encouraged to actively engage with our community and contribute to the platform's positive and supportive environment. To ensure a safe and enriching experience for all users, please be aware of the following guidelines:

1. User-Generated Content:

• Thrive allows users to generate and share content, including text, images, comments, feedback, and other materials ("User-Generated Content").
• You are solely responsible for any User-Generated Content you post or share within the app.
• User-Generated Content must comply with our content guidelines, including but not limited to:
  • Being respectful and non-offensive.
  • Not promoting hate speech, discrimination, violence, or illegal activities.
  • Not infringing upon the intellectual property rights of others.
• We reserve the right to remove or moderate User-Generated Content that violates these guidelines or is otherwise deemed inappropriate.

2. Reporting Violations:

• If you come across User-Generated Content that you believe violates our guidelines or terms, please report it to us through the app's reporting mechanisms.
• We will review reports promptly and take appropriate action, which may include content removal or account suspension.

3. Intellectual Property Rights:

• You retain ownership of the User-Generated Content you contribute to the Thrive app, but by sharing it, you grant Zavana.co a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute that content within the app and its promotional materials.
• You may not use or reproduce any content from the app without proper authorization from the content owner.

4. Content Accuracy:

• While we strive to provide accurate and helpful information within Thrive, we do not guarantee the accuracy, completeness, or reliability of any content.
• You are encouraged to verify information and consult with professionals as needed before making any decisions based on app content.

5. Content Changes:

• Zavana.co reserves the right to update, modify, or remove app content at any time without prior notice.
• We are not liable for any inconvenience or loss resulting from content changes.

6. Privacy Considerations:

• Be mindful of your privacy when sharing personal information within the app. Avoid sharing sensitive or confidential details.
• Respect the privacy of others and do not share their personal information without their explicit consent.

We aim to create a supportive and uplifting environment within Thrive, and your cooperation in adhering to these content and interaction guidelines is crucial. By using the app, you acknowledge and agree to abide by these terms and guidelines, promoting a positive community that fosters personal growth and development.

5. Privacy Policy

Your use of the Thrive app is also subject to our Privacy Policy, which outlines how we collect, use, store, and protect your personal information. The Privacy Policy is a separate document accessible through the app and is an integral part of these Terms of Service. By using the Thrive app, you acknowledge and agree to the terms outlined in the Privacy Policy.

Please take the time to review our Privacy Policy carefully to understand how we handle your personal data and ensure your privacy is protected while using Thrive. If you have any questions or concerns regarding our data handling practices or the Privacy Policy, please don't hesitate to contact us.

6. Payment and Subscription

Thrive works best when you work together. The services provided to you that make it possible to work on goals with others cannot be provided without cost. Therefore some features are only available after you subscribe. If you choose to access the features or content within the Thrive app that require payment, please review the following terms and conditions:

1. In-App Purchases:

• Thrive may offer in-app purchases or subscriptions that provide access to premium content, features, or services.
• By making an in-app purchase or subscribing to a service, you agree to pay the specified fees associated with that purchase or subscription.

2. Pricing and Billing:

• Prices for in-app purchases and subscriptions are clearly indicated within the app. Zavana.co reserves the right to change prices at any time, with notice when possible.
• Payment for in-app purchases or subscriptions will be charged to your Apple App Store, or Google Play Store account.
• You are responsible for maintaining accurate payment information. Failure to do so may result in the suspension or termination of your access to premium content.

3. Recurring Subscriptions:

• Some subscriptions may renew automatically on a recurring basis (e.g., monthly or annually) unless canceled by you.
• You can manage and cancel subscriptions through your Apple App Store or Google Play Store account settings.

4. Refunds:

• Refund requests for in-app purchases or subscriptions are subject to the refund policy specified by the Apple App Store or Google Play Store.

5. Trial Periods:

• From time to time, Thrive may offer trial periods for premium features or subscriptions, such as a free introduction period. Trial periods may have specific terms and limitations, as indicated within the app.

6. Termination of Services:

• Zavana.co reserves the right to terminate or modify premium features, subscriptions, or payment options at any time, with notice when possible.

7. Payment Processors:

• Payments for in-app purchases or subscriptions may be processed by third-party payment processors. Your interactions with these processors are subject to their respective terms and policies. When such a third-party is involved it is always made explicit and you are provided with information concerning their respective terms and conditions at the moment of making use of the respective service.

8. Taxes:

Payment for in-app purchases or subscriptions are subject to local taxes. When purchasing the calculated taxes are automatically applied by the payment service, taking your local taxing policy and regulation into account.

By making in-app purchases or subscribing to premium services within the Thrive app, you acknowledge and agree to these payment terms and conditions. If you have any questions or concerns regarding payments or subscriptions, please contact our support team for assistance.

7. Termination

Zavana.co reserves the right to suspend or terminate your access to the Thrive app under the following conditions:

1. Violation of Terms:

• If you violate any provision of these Terms of Service or engage in conduct that is deemed harmful, disruptive, or in violation of applicable laws and regulations, Zavana.co may suspend or terminate your account with or without prior notice.

2. Account Inactivity:

• If your Thrive account remains inactive for an extended period, Zavana.co reserves the right to terminate your account. Inactivity is typically defined as not logging in or using the app for a specified duration.

3. Legal Requirements:

• Zavana.co may terminate your account if required to do so by law or if the continuation of your access poses legal risks or obligations for the company.

4. Dispute Resolution:

• Failure to participate in good faith in the dispute resolution procedures outlined in these terms may result in the termination of your account.

5. Effect of Termination:

• Upon the termination of your account, you will lose access to all content, features, and services associated with your account.
• Any outstanding fees or obligations owed to Zavana.co remain due and payable, even after termination.

6. Notice of Termination:

• Zavana.co will make reasonable efforts to notify you in advance of any account termination, unless circumstances, such as violations of law or security concerns, prevent us from doing so.

7. Account Deletion:

• Upon your request or upon account termination, Zavana.co will delete your account and associated personal information in accordance with our Privacy Policy.

8. Appeal Process:

• If you believe your account has been terminated in error or have questions about the termination, you may contact our support team to appeal the decision.

Zavana.co aims to maintain a safe and supportive environment within the Thrive app. In the event of account termination, we encourage users to review and abide by our Terms of Service and community guidelines to avoid violations.

8. Dispute Resolution

In the event of any disputes or disagreements arising from your use of the Thrive app, we encourage you to resolve them through the following procedures:

1. Informal Resolution:

• We recommend that you first attempt to resolve any disputes informally by contacting our support team at [Insert Support Contact Information].
• Our support team will make reasonable efforts to address your concerns promptly and work towards an amicable solution.

2. Mediation:

• If informal resolution attempts are unsuccessful, both parties agree to participate in mediation conducted by a neutral third party. The cost of mediation shall be borne equally by both parties unless otherwise determined by the mediator.

3. Arbitration:

• If mediation does not lead to a resolution, both parties agree to submit the dispute to binding arbitration in accordance with the rules of the [Insert Arbitration Organization]. The decision of the arbitrator(s) will be final and binding on both parties.
• Each party shall bear their own costs associated with the arbitration, including legal fees.

4. Legal Action:

• If arbitration is not feasible or does not result in a resolution, either party may pursue legal action as allowed by applicable law.

5. Class Action Waiver:

• Both parties agree that any disputes shall be resolved on an individual basis and not as part of a class or collective action. You waive the right to participate in class or collective actions.

6. Governing Law:

• These Terms of Service and any disputes arising from them shall be governed by the laws of the Netherlands, without regard to its conflict of law principles.

7. Jurisdiction:

• Any legal actions arising from these terms shall be brought in the courts located within the jurisdiction of the Netherlands.

Both you and Zavana.co agree to engage in good faith efforts to resolve disputes through the procedures outlined in this section. These dispute resolution mechanisms are designed to provide a fair and efficient means of addressing concerns while avoiding costly and time-consuming litigation.

9. Limitation of Liability

Zavana.co and its affiliates shall not be held liable for any damages, losses, or claims arising from your use of the Thrive app, except to the extent permitted by applicable laws. By using the app, you acknowledge and agree to the following:

1. No Warranty of Reliability:

• Zavana.co does not guarantee the reliability, accuracy, or availability of the Thrive app. We provide the app "as is" and "as available," without any warranties, express or implied.

2. Third-Party Content:

• Zavana.co does not endorse or assume responsibility for any content, advertising, products, or services provided by third parties within the app. Any interactions or transactions with third parties are solely between you and the third party.

3. No Consequential Damages:

• In no event shall Zavana.co be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use or inability to use the app.

4. User Responsibility:

• You are responsible for your use of the Thrive app, including any decisions or actions taken based on app content. Zavana.co shall not be held liable for any consequences resulting from your use of the app or reliance on its content.

5. Maximum Liability:

• To the extent permitted by applicable law, the maximum liability of Zavana.co and its affiliates for any claims related to the app shall not exceed the amount paid by you (if any) for the use of premium features or services within the app.

6. Exceptions:

• Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. In such cases, our liability shall be limited to the fullest extent permitted by law.

7. Indemnification:

• You agree to indemnify and hold Zavana.co and its affiliates harmless from any claims, losses, liabilities, or expenses (including attorney's fees) arising from your use of the Thrive app or your violation of these Terms of Service.

The limitations and exclusions of liability contained in this section apply regardless of whether the alleged liability arises in contract, tort, negligence, strict liability, or any other basis. These limitations are fundamental elements of the agreement between you and Zavana.co.

10. Indemnification

To use the Thrive app, you agree to indemnify, defend, and hold harmless Zavana.co and its affiliates, including their respective officers, directors, employees, agents, and third-party service providers, from and against any claims, losses, liabilities, expenses, damages, or demands, including reasonable attorney's fees, arising from or related to your use of the app, your User-Generated Content, or any violation of these Terms of Service. This includes, but is not limited to:

1. User-Generated Content:

• You are solely responsible for any User-Generated Content you post or share within the Thrive app. If your content violates these terms or infringes upon the rights of others, you will be responsible for any resulting claims or damages.

2. Actions and Decisions:

• Any actions you take or decisions you make based on the content within the app are your responsibility. Zavana.co shall not be held liable for any consequences arising from such actions or decisions.

3. Violation of Terms:

• If you violate any provision of these Terms of Service, and as a result, Zavana.co incurs losses or legal claims, you agree to indemnify the company for those losses and legal expenses.

4. Third-Party Claims:

• If any third party makes a claim or takes legal action against Zavana.co related to your use of the app or your content, you agree to indemnify Zavana.co and its affiliates against such claims and bear the associated costs.

5. Good Faith Cooperation:

• You agree to cooperate in good faith with Zavana.co's defense of any claim that is subject to your indemnification. This includes providing information and assistance as reasonably requested.

6. Right to Defense:

• Zavana.co reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Zavana.co's defense to the fullest extent permitted by law.

7. Limitation:

• This indemnification provision shall survive any termination or expiration of these Terms of Service and your use of the Thrive app.

We strive to provide a positive and supportive environment within Thrive. By using the app, you agree to indemnify Zavana.co against any claims, losses, or liabilities arising from your actions or content. This ensures that you take responsibility for your use of the app and any consequences that may arise.