Terms and Conditions

Thrivival App Terms and Conditions

Effective Date: 01 Jan 2025

Welcome to Thrivival! These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Thrivival Ventures Pty Ltd (“Thrivival,” “we,” “us,” or “our”) governing your access to and use of the Thrivival mobile application (“the App”), including any content, functionality, and services offered through the App.

By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the App.

1. Acceptance and Eligibility

1.1 Age Requirement

You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are at least 18 years of age.

1.2 Legal Capacity

You represent and warrant that you have the legal capacity to enter into these Terms and that you are not prohibited from using the App under applicable laws.

1.3 Account Registration

To access certain features of the App, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2. Purpose and Limitations

2.1 Service Description

Thrivival is an application designed to provide recommendations for enhancing your relationship with your partner. It collects information about your partner and utilises that data to suggest personalised gift ideas and actions.

2.2 Informational Purpose

The information and recommendations provided by the App are for general informational purposes only. The App’s suggestions are not intended to replace professional advice, counseling, or open communication between partners.

2.3 No Guarantee of Results

Thrivival does not guarantee specific outcomes or improvements in your relationship. Results may vary based on individual circumstances, commitment, and other factors beyond our control.

2.4 Non-Professional Advice

The App does not provide professional psychological, therapeutic, or counseling services. If you are experiencing relationship difficulties that require professional assistance, we recommend consulting with a qualified professional.

3. User Accounts

3.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

3.2 One Account Per User

You may register and maintain only one account with the App. Multiple accounts registered by the same user may be terminated without notice.

3.3 Prohibited Account Transfers

You may not sell, transfer, license, or assign your account, username, or any account rights to another person or entity without our prior written consent.

3.4 Account Termination

We reserve the right to terminate or suspend your account at any time for any reason, including, but not limited to, violation of these Terms, without prior notice or liability.

4. Accuracy and Timeliness

4.1 Information Accuracy

While Thrivival strives to provide accurate information and recommendations, the App’s suggestions are based on general data and user inputs. The accuracy and relevance of the recommendations may vary depending on individual circumstances.

4.2 User Discretion

You should always use your discretion and consider the unique characteristics of your relationship when implementing any suggestions provided by Thrivival.

4.3 Updates and Modifications

We regularly update the App’s content and recommendations. However, we do not guarantee that all information will be up-to-date at all times.

4.4 Third-Party Content

The App may include content provided by third parties. We do not warrant the accuracy, completeness, or usefulness of this information.

5. User Responsibility and Risk

5.1 Assumption of Risk

By using Thrivival, you acknowledge and accept full responsibility for any actions taken as a result of the information or recommendations obtained from the App.

5.2 Indemnification

You agree to indemnify, defend, and hold harmless Thrivival, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account.

5.3 Health and Safety

You are solely responsible for ensuring that any activities, exercises, or relationship practices suggested by the App are safe and appropriate for you and your partner. Consult with appropriate professionals before engaging in any new relationship practices.

5.4 Communication with Partner

You are responsible for ensuring that your use of the App respects the boundaries, consent, and privacy of your partner.

6. Intellectual Property Rights

6.1 Ownership

All rights, including but not limited to copyrights, trademarks, patents, trade secrets, designs, icons, illustrations, logos, and any content within Thrivival, are the exclusive property of Thrivival Ventures Pty Ltd or its licensors.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the App on compatible devices that you own or control.

6.3 Restrictions

You agree not to:

• Reproduce, distribute, publicly display, or publicly perform any part of the App
• Modify, adapt, create derivative works of, decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the App
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the App
• Use the App for any commercial purpose without our prior written consent
• Attempt to gain unauthorised access to the App or its related systems or networks
• Use any automated means to access the App or collect any information from the App

6.4 User Content

If you submit any content to the App (such as feedback, suggestions, or testimonials), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

7. Privacy

7.1 Data Collection

Thrivival prioritises the privacy of its users. We collect personal information within the App for explicit use within the App. Personal information is not ever shared beyond this App.

7.2 Anonymous Analytics

Anonymous analytics and crash reports may be collected to improve the performance and functionality of the App.

7.3 Privacy Policy

Please refer to our separate Privacy Policy, which is incorporated by reference into these Terms, for more details on how we collect, use, and disclose information.

7.4 Consent to Processing

By using the App, you consent to the collection, processing, storage, and use of your information as described in our Privacy Policy.

8. Usage Restrictions

8.1 Prohibited Activities

When using Thrivival, you must refrain from engaging in the following activities:

• Violating any applicable laws, regulations, court orders, or legally binding administrative measures
• Infringing intellectual property rights, including copyrights, trademarks, patents, or the rights of third parties
• Misrepresenting Thrivival or intentionally spreading false information about the App or its services
• Interfering with the servers or network systems of the App, using bots, cheat tools, or exploiting technical vulnerabilities
• Uploading or transmitting viruses, malware, or other malicious code
• Using the App to harass, abuse, harm, stalk, threaten, or otherwise violate the legal rights of others
• Engaging in any activity that could disable, overburden, damage, or impair the App
• Aiding or encouraging any prohibited activities mentioned above
• Engaging in any other activities deemed inappropriate by Thrivival

8.2 Consequences of Violation

Violation of these usage restrictions may result in:

• Immediate termination of your account
• Removal of any content you have submitted
• Legal action, if appropriate
• Reporting to law enforcement authorities, if required

9. App Availability and Updates

9.1 Availability

We do not guarantee that the App, or any content on it, will always be available or uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the App without notice.

9.2 Updates

We may from time to time provide updates or upgrades to the App. Such updates may be automatically installed without additional notice. You agree to accept these updates as part of your use of the App.

9.3 Technical Requirements

You are responsible for ensuring that your device meets the minimum technical requirements for using the App. We do not guarantee that the App will be compatible with all devices or operating systems.

9.4 Third-Party Charges

You are responsible for any third-party charges that you may incur when using the App, such as data charges from your mobile provider.

10. Subscriptions and Payments

10.1 Free and Paid Services

The App may offer both free and paid services. Certain features may require payment of fees or subscription to a paid tier.

10.2 Payment Terms

If you choose to subscribe to a paid service:

• You agree to pay all fees and charges associated with your subscription
• All payments are non-refundable unless otherwise specified or required by law
• Subscription fees may change at any time, with notice provided before the billing period in which the change will take effect
• You authorise us to charge your designated payment method for all fees due

10.3 Subscription Renewal

Subscriptions will automatically renew for the same subscription period unless canceled at least 24 hours before the end of the current period.

10.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of your current billing period.

11. Disclaimer of Warranties

11.1 “As Is” Basis

The App is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.

11.2 No Warranties

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, non-infringement, and title
• Warranties regarding security, reliability, timeliness, and performance of the App
• Warranties regarding the accuracy or completeness of the App’s content
• Warranties that the App will meet your requirements or expectations

11.3 Third-Party Services

We do not warrant or endorse any third-party products or services that may be advertised or linked from the App.

12. Limitation of Liability

12.1 Exclusion of Liability

To the fullest extent permitted by law, Thrivival shall not be liable for any damages, losses, or consequences arising from the use or misuse of the App, including but not limited to:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or anticipated savings
• Business interruption or personal injury
• Any other losses arising out of or in connection with the use of the App

12.2 Maximum Liability

If, despite the foregoing, Thrivival is found liable for any loss or damage that arises out of or is in any way connected with your use of the App, Thrivival’s liability shall in no event exceed the greater of (a) the total amount of fees paid by you to Thrivival in the six months prior to the action giving rise to liability, or (b) AUD $100.

12.3 Essential Purpose

The limitations of liability in this section shall apply even if a limited remedy fails of its essential purpose.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

13.2 Informal Resolution

Before filing a claim against Thrivival, you agree to attempt to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally by contacting you through email.

13.3 Binding Arbitration

If the dispute cannot be resolved informally, you and Thrivival agree to resolve any disputes through binding arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights pending the completion of arbitration.

13.5 Class Action Waiver

You agree that any proceedings to resolve disputes will be conducted on an individual basis only. Neither you nor Thrivival shall be entitled to join or consolidate claims in arbitration by or against other users, or arbitrate any claim as a class representative, class member, or in a private attorney general capacity.

14. Modification of the Terms

14.1 Changes to Terms

Thrivival reserves the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon being posted within the App.

14.2 Notification of Changes

We will make reasonable efforts to notify you of material changes to these Terms through the App or by sending an email to the address associated with your account.

14.3 Continued Use

By continuing to use Thrivival after the changes become effective, you are deemed to have granted valid and irrevocable consent to the modified Terms.

14.4 Right to Terminate

If you do not agree with the modified Terms, your sole and exclusive remedy is to discontinue using the App.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Thrivival on the App, shall constitute the entire agreement between you and Thrivival concerning the App.

15.2 Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 No Waiver

The failure of Thrivival to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Thrivival. Thrivival may assign these Terms without restriction.

15.5 Force Majeure

Thrivival shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Thrivival’s reasonable control.

15.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Thrivival Ventures Pty Ltd
Email: info@thrivival.com.au

By using the Thrivival App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Effective Date: 01 Jan 2025