Privacy Policy 

ThriveNeighbor Inc. (“ThriveNeighbor”/“we”/“us”/“our”) owns and operates the website located https://www.thriveneighbor.com/ (the “Website”), and any subdomains used in connection with or related to the same, and the ThriveNeighbor mobile application (the “App”). ThriveNeighbor is committed to protecting the personal information that we collect, use, and disclose in the course of providing you with ThriveNeighbor’s Service.. This Privacy Policy describes how we collect, store, use and distribute information about identifiable individuals (“Personal Information”) through the Website, App and Service (as defined in our Terms of Service). Our Service is provided to business customers who have registered for an account with us (“Account Owners”) and any information collected via the Website, App, and Service from or about Account Owners’ employees, their own customers (“End Users”), and contractors will be made available to the applicable Account Owner and their authorized Employee Users (as defined in our Terms of Service) and will be used by such Account Owner according to their own privacy policy(ies).

A Note about Children. You must be at least 18 years old to use the Website, App, and/or Service. We do not intentionally gather Personal Information from visitors who are under the age of 13. If a child under 13 submits Personal Information to ThriveNeighbor and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us at info@thriveneighbor.com .

A Note to Users Outside of the United States and Canada. If you are a non-U.S. or non-Canadian user of the Website, App, and/or Service, by visiting or using the Website, App, and/or Service and providing us with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States and Canada, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By providing your data, you consent to such transfer. If you are in the EEA please see the GDPR Privacy Notice and if you are a California resident please see our CCPA Notice. 

Lawful Processing: We process your Personal Information as set out in this Privacy Policy and to the extent necessary for the performance of our obligations to you, which may include providing the Service to you under our Terms of Service at (Insert TOS link) . We set out below the type of Personal Information that we collect and how we use it. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We will not actively collect Personal Information for the purpose of sale or third-party marketing in a way that specifically identifies the individual; we do not sell customer lists. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Website, the App, and/or the Service. Certain information may be exempt from such a request, such as information we require for compliance with a legal or regulatory requirement or other business purpose. 

Scope. This Privacy Policy covers the activities of ThriveNeighbor in the course of providing the Service and operating the Website and App. It does not apply to the privacy practices of third-parties that we do not own or control, including Account Owners and third-parties that offer products or services to Account Owners linked or made available through our Service (e.g., via the ThriveNeighbor Marketplace). Account Owners are responsible for ensuring that they have obtained the necessary authorizations and consents for any Personal Information they make available to ThriveNeighbor for use in accordance with this Privacy Policy. In particular, Account Owners represent and warrant to ThriveNeighbor that they have the necessary rights under applicable law or have obtained the necessary consents from each End User whose Personal Information is provided by that Account Owner to ThriveNeighbor in order to allow ThriveNeighbor to use, disclose, and otherwise process such Personal Information as  described in this Privacy Policy.

Personal Information about End Users. We may process Personal Information about End Users, such as their name, phone number, address, and payment information in connection with transactions processed or data stored by Account Owners through our Service. We process this information in accordance with our agreements with the Account Owners as a service provider, or data processor, on the Account Owners’ behalf. Should an End User have any questions or requests to exercise privacy rights, said End User should contact the Account Owner with whom the End User was dealing. For clarity, the term End User, refers to a customer of an Account Owner. For example, if an individual hired a service professional who uses ThriveNeighbor’s Service (i.e., an Account Owner), then that individual would be an End User.  

What We Collect. Set out below are the ways in which we may collect, use, and disclose Personal Information:

• Personal Information We Collect from Account Owners. We may collect registration data such as your full name and email address as well as business contact information of individuals who work for Account Owners (i.e., field service companies that use the Service to manage aspects of their business and transactions) in order to communicate with those Account Owners about their business relationship with ThriveNeighbor. We may also collect payment credentials or related information from Account Owners in order to allow those Account Owners to pay ThriveNeighbor for services procured by such Account Owners or in order to remit to such Account Owners their share of transaction fees collected from End Users. You have the ability to take and upload photos, notes and other content to the Website, App, and/or Service such as a photo and description of a job that you have completed. The content that you make available will be accessible to the Account Owner and their authorized Employee Users.

• E-commerce Transactions. If you make a purchase through your ThriveNeighbor account, ThriveNeighbor will collect your name, credit card billing information and shipping information. This information is used to process your transaction and deliver the products purchased.

• Logs. Our servers automatically record information created by your use of our Service to help us diagnose and fix technical issues, and to improve the overall quality and user experience of our Service. Logs may include information such as your IP address, browser type, operating system, details of how you used our Service (such as the functions you asked our Service to perform), diagnostic information related to the Service (such as crash or activity reports), the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. Please see below for more information on how we use cookies and other tracking technologies.

• Cookies and Similar Tracking Technologies. We use cookies, tracking pixels, and similar tracking technologies to gather information about how you are interacting with the Service, which may include identifying your IP address, browser type, and referring page. Please see the section titled “Cookies & Other Automatic Data Collection and Tracking Methods” below for more information.

• Employee and Job Applicant Information. When we seek candidates for potential jobs or contracting engagements with ThriveNeighbor, or if you apply for a job with us, we collect Personal Information to process and respond to that application or inquiry, which may include information contained in a resume, cover letter, or other related materials. With your consent, we may also obtain Personal Information from third-party job references or former employers, or conduct background checks. For people who become our employees or contractors, we will typically retain the information provided by those candidates in the application process along with additional information to manage their employment or contractor relationship with us, including, without limitation, information related to income tax reporting and withholding, and enrollment in ThriveNeighbor benefit plans (in each case, to the extent applicable for the relevant relationship).

• Marketing Information. From time to time, we may conduct surveys or hold contests or other events and in connection with such surveys, contests, or events, we may use your connected ThriveNeighbor account information to identify you and we may collect information you elect to provide about yourself, such as your name, email address, telephone number, organization name and address, and general information about the company for whom you work. In addition, we may use third-party service providers to collect business-related information about your employer such as its name, size, and revenue in connection with potentially offering the Service to your employer or for analytics purposes, which may include evaluating current or future service offerings.

• ThriveNeighbor’s Suppliers and Partners. ThriveNeighbor collects business contact information of individuals who work for our suppliers and other partners to communicate with those suppliers and partners about their business relationship with ThriveNeighbor.

Use of Personal Information. ThriveNeighbor uses the Personal Information described above to:

• provide, operate, maintain, and improve the Website, App, and Service;

• facilitate account administration, billing, verification, and authentication and to contact you in relation to the same;

• send technical notices, updates, security alerts, and support and administrative messages;

• facilitate transactions and send related information to the relevant transaction participants, including confirmations and invoices;

• respond to comments, questions, and requests, and provide customer service and support;

• communicate with you and provide news or information about us;

• investigate, identify, mitigate, and prevent potential or actual fraud, unauthorized access to the Website, App, and/or Service, and other illegal activities;

• monitor and analyze trends, usage, and activities in connection with the Website, App, and/or Service, including generating aggregated and anonymized statistics and disclosing industry trends to third-parties which are derived from use of the Service but do not include any Personal Information;

• conduct business and contractual relationships that we have with various persons and companies (such as customers, suppliers, partners, and employees); 

• where we have your consent or there is an existing relationship between you and a third-party, we may recommend features, products, and services that might be of interest to you, and share your information to allow our third-party service providers to make recommendations on products as well; 

• facilitate the use of AI Tools (as defined in our Terms of Service) and for analysis, improvement, and security purposes related to the same and, to the extent that ThriveNeighbor engages third-party service providers in connection with the AI Tools, you acknowledge, authorize, and agree, as applicable, that said third-parties may access, use, and store any information in connection with the AI Tools in accordance with their applicable terms and policies; and 

• fulfill other purposes which we will notify you about and for which we shall seek your consent.

THIRD-PARTY RELATED-TERMS

• Connecting through Third-Party Sites. Users may login or register to use the Service through certain third-party owned or operated social networking services (“SNSs”). If you are already logged into the App and/or Service and a SNS or a Third-Party Account, when you connect to the SNS or Third-Party Account, you may be prompted to merge your profiles. By proceeding, you are allowing the App and/or Service to access your information and you are agreeing to the SNSs’ or Third-Party Account’s terms of use in your use of the App or Service. Conversely, if you are not currently registered as a user of the App or Service, and you click on “Sign in” through the SNS or Third-Party Account that we support, you will first be asked to enter your SNS or Third-Party Account credentials and then be given the option to register for the App or Service. In this case, we may receive information from the SNS or Third-Party Account to make it easier for you to create an account on the Website and show our relevant content from your SNS friends. Once you register on the Website and connect with the SNS or Third-Party Account you will be able to automatically post recent activity back to the SNS or Third-Party Account. Any information that we collect from your SNS account or Third-Party Account may depend on the privacy settings you have with that SNS or Third-Party Account, so please consult the SNSs’ or Third-Party Account’s privacy and data practices. If you decide at any time that you no longer wish to have your Third-Party Account linked to your account, please contact us at info@thriveneighbor.com.

• Third-Party Links. The Website, App, and/or Service may contain links to other third-party websites that are not owned or controlled by us. Such third-party websites are governed by the terms and conditions and privacy policies of such third-party providers and we are not involved in any interaction or transaction between you and such third-parties. We encourage you to read the privacy policies of every website you visit. The links to third-party websites or locations are for your convenience and do not signify our endorsement of such third-parties or their products, content, or websites.

• Third-Party Partner Integrations. Optional third-party add-ons may be offered by our integration partners from time to time. Data shared with third-party integration partners is subject to the privacy policies and terms of service of such third-parties.

• ThriveNeighbor Payments. If you register for, or otherwise use, the ThriveNeighbor Payments service, we may collect additional information from you, including certain account information. We will also collect certain payment and other personal information from End Users.

  • Because our payment service is provided by a third-party service provider, Stripe, Inc. (“Stripe”) by signing up for and/or using ThriveNeighbor Payments, you are also agreeing to the terms of Stripe’s privacy policy (see further www.stripe.com/ca/privacy). Any personal information that you provide to Stripe about you or End Users will be treated in accordance with the terms of Stripe’s privacy policy.

  • We may conduct background checks on accounts using the ThriveNeighbor Payments Service through a service provider, LexisNexis. To conduct these background checks, we will share certain business and personal information associated with your account with LexisNexis. For more information about how LexisNexis handles this information, please refer to LexisNexis’s Privacy Policy and Processing Notice.

  • If you choose to connect your bank account directly by providing the access information to such third-party account, our service provider, Plaid Inc. (“Plaid”), will access such third-party accounts. By providing the required access information, you grant us and Plaid permission and authority to access the applicable third-party accounts and retrieve, gather, and store relevant information including banking information such as, for example, your banking institution name, account types, and account balance. You are not permitted to provide ThriveNeighbor with any access information for any third-party accounts for which you are not the principal account holder unless you have the authority to act on behalf of the principal account holder. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.‍

• ThriveNeighbor Marketplace. The Website, App, or Service may include access to a marketplace enabling subscribing ThriveNeighbor users to browse and select third-party software applications, tools, and add-ons (collectively “Third-Party Apps”) which are offered by third-party developers (“App Providers”). By downloading any Third-Party App you acknowledge and agree that the App Provider will have access to certain information from you when contracting with you to provide you with access to one or more Third-Party Apps. Use of any personal information provided directly or indirectly to or derived by an App Provider will be subject to the privacy policy of the applicable App Provider. ThriveNeighbor has no control over the privacy policies of App Providers although we contractually require App Providers to agree to: (i) comply with all applicable laws and regulations in their collection and processing of any personal data in accordance with their stated privacy policies; (ii) inform users of a Third-Party App (“Users”) about any information about a User or data generated or derived from a User’s use of a Third-Party App (“User Data”) that the Third-Party App collects and how such User Data is used, stored, secured, and disclosed, and their data retention policies; and (iii) describe the controls that Users have over the use and sharing of their User Data and how they may access their User Data.  

If we plan to use your Personal Information in the future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

COOKIES & OTHER AUTOMATIC DATA COLLECTION AND TRACKING METHODS

• Location Data Generally. If you download the App, the App will request access to your device location. If you grant the App access to your device location, we will be able to track the physical location of your device using GPS and WiFi signals. We use this information to provide the Service. You can remove the App’s access to your device location at any time by changing your privacy settings on your device. Not enabling access to your device location may limit the features and functionality of the Service that you can use. Location data will be available to the Account Owner, account administrators, and to ThriveNeighbor.

• Location Data: Security Tracking. Location data is automatically tracked for fraud prevention purposes (e.g., to potentially identify unauthorized access to your account) and unusual patterns or location data that is flagged by the Security Services (defined in Third-Party Services below) may be notified to the Account Owner/applicable administrators. In the event of high-risk activity flagged by the Security Services, your account may be temporarily disabled to protect against fraudulent activity through your account. We will notify you if we take this action and will provide information on how to verify your account and unblock access to the same.

• Time Tracking. You may use the time tracking functionality in the App to track how long it takes you to complete a work task. Time tracking functions may also use location data, if enabled. Such information will be made available to the Account Owner, account administrators, and to ThriveNeighbor in our logs.

• Metadata. We collect and use various metadata derived from your use of the Service. For example, if you take a photo using the App, we also collect the time that such photo was taken. Such metadata will also be made available to the Account Owner and their authorized Employee Users.

• Third-Party Services. We receive information from third-parties who help us provide the Service, including the following:

  • Cookies and Tracking: In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Website or use the App and/or Service. The information generated by the cookies or other tracking technologies related to our Website and Service (the “Analytics Information”) is transmitted to the Analytics Services and Security Services. 

  • Analytics: We engage third-party analytics services, including but not limited to Google Analytics (“Analytics Services”), to help analyze how you use the Website and Service. The Analytics Services use Analytics Information to compile reports on user activity. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Website and Service. The Analytics Services may also transfer information to third-parties where required to do so by law, or where such third-parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ terms of use and privacy policy. By using our Website, App, and/or Service, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. 

  • Security and Fraud: We engage third-parties that deliver content or offers and third-party identity verification, and fraud detection and prevention services (“Security Services”) to help predict and prevent fraudulent activities on the Website and Service. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis.

• System Logs, Cookies and Similar Tracking Technologies. Cookies and similar tracking technologies are used by us to track content usage and traffic on the Website and App. A cookie is a text file that is downloaded on your hard disk by a web server when you visit certain websites. Cookies and similar tracking technology help us compile aggregate statistics about usage of the Website and App, such as how many users visit the Website, how long users spend viewing the Website, and what pages are viewed most often. This information is used to improve the content of the Website and App. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website, App, and/or Service. Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases.

How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Website.

DISCLOSURE OF PERSONAL INFORMATION WITH THIRD-PARTIES

Sub-Processors. We work with third-party sub-processors for cloud hosting, data storage, customer relationship tools, data analysis, payment processing, and fraud or risk prevention, among other things, to provide you with the Service. For more information, please see our list of Sub-Processors.

Business Transfers. If our business (or substantially all of our assets) are acquired by a third-party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law. Your Personal Information may also be transferred in connection with due diligence for any such transactions. In all cases, if any such transactions occur, your Personal Information will remain subject to the restrictions and protections set forth in this Privacy Policy.

SNSs. Our Website, App, and/or Service may enable you to post content to SNSs or other Third-Party Accounts. If you choose to do this, we will provide information to such SNSs or Third-Party Accounts in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third-party provider of such SNSs or Third-Party Accounts. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs or Third-Party Accounts; (ii) the content, products, or services on or availability of such SNSs; or (iii) your use of any such SNSs or Third-Party Accounts.

Payment Processors. When you provide credit card or other payment information to pay for ThriveNeighbor subscriptions, your credit card and financial information is processed by a third-party subscription management provider. ThriveNeighbor does not store and does not have access to detailed credit card information. If you use ThriveNeighbor Payments, as further described in our Terms of Service, End User’s payment information and payments will be processed by Stripe and such information and processing will be subject to Stripe’s own legal agreements which you should read carefully.

As Required by Law. We may disclose your Personal Information to third-parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

• satisfy any applicable law, regulation, legal process, or governmental request (including in pursuant to subpoenas, civil investigative demands, or similar processes); 

• enforce our contracts or user agreements, including investigation of potential violations hereof; and

• detect, prevent, or otherwise address fraud, security, or technical issues. 

The above may include exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and know-your-customer purposes. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms of this Privacy Policy to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders (including in respect to depositions, interrogatories, subpoenas, civil investigative demands, and other court or regulatory-mandated discovery processes).

OTHER RIGHTS AND RESPONSIBILITIES

Retention. We will keep your Personal Information for as long as it remains necessary for the identified purpose for which we have collected it or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or to comply with our legal obligations or resolve disputes. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your Personal Information be removed from our systems, it may not be possible to completely delete all your Personal Information for the reasons mentioned above.

Access & Accuracy. You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although, in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner. We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete, or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

California Consumer Privacy Act. Please go to (Insert CA Privacy link) to read additional disclosures required under the California Consumer Privacy Act.

Amendment of this Policy. We reserve the right to change this Privacy Policy at any time. If we decide to make any material changes to this Privacy Policy in the future, including how we use your Personal Information, we will send you an email or in-App notification. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you. The date on which the latest update was made is indicated at the top of this document. Your continued use of the Website, App, and/or Service signifies your acceptance of any changes. If you do not agree to any changes after receiving a notice of such changes or otherwise do not agree with this Privacy Policy, you shall stop using the Website, the App, and/or the Service. You should consult this Privacy Policy regularly for any changes.

Contact Us. If you would like to access your information or would otherwise like to exercise any of your rights in respect of your Personal Information (whether as set out above or otherwise), if you have any questions, comments, or suggestions, or if you find any errors in our information about you, please contact us at: info@thriveneighbor.com or

Attn: Privacy Officer

1007 N Orange St. 4th Floor,

Wilmington, DE 19801

CA Privacy Policy 

This Privacy Notice for California Residents (“CA Privacy Notice”) supplements the information contained in our Privacy Policy located at (Insert privacy link)and applies to all visitors, users, and others who reside in the State of California (”consumers” or “you”) who use our Website, App or Service (each as defined and described in the Privacy Policy).  ThriveNeighbor, Inc. (“ThriveNeighbor”, “we”, “us”, or “our”) has adopted this CA Privacy Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”).  Any terms defined in the CCPA have the same meaning when used in this CA Privacy Notice.  With respect to users who are California residents, this notice is incorporated and made a part of our Privacy Policy, and the terms of this CA Privacy Notice shall control with respect to California residents in the event of any inconsistency between our Privacy Policy and this CA Privacy Notice.  Where we use capitalized terms in this CA Privacy Notice that are not expressly defined, those terms have the meaning provided in the Privacy Policy.

I. Information We Collect

Our Website, App and Service (collectively and together with all related services and activities, our “Services”) collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).  In particular, we collect through our Website, App and Service, and have collected during the last twelve (12) months, the following categories of personal information:

Category
A. Identifiers

Description/Examples
A real name, Internet Protocol address, email address, or other similar identifiers.

Collected?
YES

Category
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Description/Examples
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

Collected?
YES

Category
C. Protected classification characteristics under California or federal law.

Description/Examples
A name, signature, Social Security number, physical characteristics or description, Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Some personal information included in this category may overlap with other categories.

Collected?
NO

Category
D. Commercial information.

Description/Examples
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Collected?
YES

Category
E. Biometric information.

Description/Examples
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Collected?
NO

Category
F. Internet or other similar network activity.

Description/Examples
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Collected?
YES

Category
G. Geolocation data.

Description/Examples
Physical location or movements.

Collected?
YES

Category
H. Sensory data.

Description/Examples
Audio, electronic, visual, thermal, olfactory, or similar information.

Collected?
YES

Category
I. Professional or employment-related information.

Description/Examples
Current or past job history or performance evaluations.

Collected?
YES

Category
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Description/Examples
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Collected?
NO

Category
K. Inferences drawn from other personal information.

Description/Examples
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected?
YES

For purposes of this CA Privacy Notice, personal information does not include:

• Publicly available information from government records

• De-identified or aggregated consumer information not capable of being associated with or be linked, directly or indirectly, to a particular consumer or household 

• Information that is excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), or personal information covered by certain privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) and the Driver’s Privacy Protection Act of 1994.

In general, we obtain the categories of personal information listed above from the following categories of sources:

• Directly from our users or their agents. For example, from forms our users complete on our websites or information they provide in connection with an account with us, through our communications with our users or through any other interaction we have with our users.  This includes personal information relating to (1) purchasers of the goods and services offered by our users and (2) information related to the user’s workers and agents that such users input via the Services.

• Indirectly from our users and their agents. For example, from observing user actions on our website, or when someone authorizes a third party (including SNSs (as defined in the Privacy Policy)) to provide us the information on their behalf.

• Indirectly from our service providers. For example, third party service providers we use to help us provide aspects of the Services (such as payment processing) may receive personal information related to our users that we receive access to. 

The ways that we collect the foregoing information are set forth in greater detail in our Privacy Policy.  

Although this Section I and the corresponding portions of our Privacy Policy are designed, as described in our Privacy Policy and Terms of Service (located (Insert TOS link), to disclose and describe our receipt and use of personal information of which we are aware, we do receive information from users of our Services, including User Content (as defined in the Terms of Service), in circumstances where we do not control or monitor what is contained in the information received.  Accordingly, it is possible that we may receive unsolicited personal information falling in one of the categories described above under circumstances other than those described above.  We endeavor to treat all personal information we receive consistent with the terms of our Privacy Policy, but cannot guarantee such treatment with respect to personal information, if any, that we may unknowingly receive as described in this paragraph.   

II. Use of Personal Information

We may use the categories of personal information we collect as set forth above for the following purposes:

Category

A. Identifiers.

Purposes

• To provide our Services to our users.  This includes sharing personal information with certain third-party vendors we contract with to provide aspects of the services as described further under the heading “Sharing Personal Information” below.

• To perform account-related services, provide customer service, process and fulfil orders and transactions, verify customer information, process payments, to communicate with our users and perform other customer services functions such as notifying you about aspects of our products and services and changes to our website or policies.

• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity 

• Undertaking activities to verify or maintain the quality or safety of, and to upgrade and enhance, our products and services.

• Auditing related to a current interaction with consumers using the Services

• Advertising, marketing and selling the Services

• Short-term, transient use where the personal information (i) is not disclosed to another third party, and (ii) is not used to build a profile about a Consumer or alter their individual experience outside the current interaction 

Category

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Purposes

• To provide our Services to our users.  This includes sharing personal information with certain third-party vendors we contract with to provide aspects of the services as described further under the heading “Sharing Personal Information” below.

• To perform account-related services, provide customer service, process and fulfil orders and transactions, verify customer information, process payments, to communicate with our users and perform other customer services functions such as notifying you about aspects of our products and services and changes to our website or policies.

• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity 

• Undertaking activities to verify or maintain the quality or safety of, and to upgrade and enhance, our products and services.

• Auditing related to a current interaction with consumers using the Services

• Advertising, marketing and selling the Services

• Short-term, transient use where the personal information (i) is not disclosed to another third party, and (ii) is not used to build a profile about a Consumer or alter their individual experience outside the current interaction 

Category

D. Commercial information

Purposes

• To provide our Services to customers and other users, including facilitating purchases and payments via the Services.  This includes sharing personal information with certain third-party vendors we contract with to provide aspects of the services as described further under the heading “Sharing Personal Information” below.

• Short-term, transient use where the personal information (i) is not disclosed to another third party, and (ii) is not used to build a profile about a Consumer or alter their individual experience outside the current interaction 

Category

F. Internet or other similar network activity.

Purposes

• To provide our Services to customers and other users.  This includes sharing personal information with certain third-party vendors we contract with to provide aspects of the services as described further under the heading “Sharing Personal Information” below.

• Detecting security incidents and protecting against malicious, deceptive, fraudulent or illegal activity

• Undertaking activities to verify or maintain the quality or safety of, and to upgrade and enhance, our products and services.

• Auditing related to a current interaction with a consumer using the Services

• Short-term, transient use where the personal information (i) is not disclosed to another third party, and (ii) is not used to build a profile about a Consumer or alter their individual experience outside the current interaction 

Category

H. Sensory data.

Purposes

• To provide our Services to customers and other users.  This includes sharing personal information with certain third-party vendors we contract with to provide aspects of the services as described further under the heading “Sharing Personal Information” below.

• Short-term, transient use where the personal information (i) is not disclosed to another third party, and (ii) is not used to build a profile about a Consumer or alter their individual experience outside the current interaction 

Category

I. Professional or employment-related information.

Purposes

• To provide our Services to customers and other users.  This includes sharing personal information with certain third-party vendors we contract with to provide aspects of the services as described further under the heading “Sharing Personal Information” below.

• Short-term, transient use where the personal information (i) is not disclosed to another third party, and (ii) is not used to build a profile about a Consumer or alter their individual experience outside the current interaction 

Category

K. Inferences drawn from other personal information.

Purposes

• To perform account-related services, provide customer service, process and fulfil orders and transactions, verify customer information, process payments, and to perform other customer services functions such as notifying you about aspects of our products and services and changes to our website or policies.

• Undertaking activities to verify or maintain the qualify or safety of, and to upgrade and enhance, our products and services.

• Short-term, transient use where the personal information (i) is not disclosed to another third party, and (ii) is not used to build a profile about a Consumer or alter their individual experience outside the current interaction 

In addition, we may use information in any of the categories described above:

• As described to you and consented to by you when collecting your personal information or as otherwise set forth in the CCPA.

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations or to otherwise comply with legal obligations applicable to us.

These uses of data, including personal information are described in greater detail in our Privacy Policy.  We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes from what is described in this CA Privacy Notice without providing you notice.

III. Sharing Personal Information

We may disclose your personal information to a third party for a business purpose as set forth in this Notice.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. 

In the preceding twelve (12) months, Company has disclosed personal information in the following categories for the business purposes identified above:

Category

A. Identifiers.

Disclosed To

• Our applicable service providers 

• Third parties such as SNSs (as defined in the Privacy Policy) where the provider of the personal information has either provided it to such third party or consented to it being provided

• Commercial Customers (as defined in the Privacy Policy) who are the Account Owner for the applicable account with us

Category

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Disclosed To

• Our applicable service providers 

• Third parties such as SNSs (as defined in the Privacy Policy) where the provider of the personal information has either provided it to such third party or consented to it being provided

• Commercial Customers (as defined in the Privacy Policy) who are the Account Owner for the applicable account with us

Category

D. Commercial information

Disclosed To

• Our applicable service providers 

• Third parties such as SNSs (as defined in the Privacy Policy) where the provider of the personal information has either provided it to such third party or consented to it being provided

• Commercial Customers (as defined in the Privacy Policy) who are the Account Owner for the applicable account with us

Category

F. Internet or other similar network activity.

Disclosed To

• Our applicable service providers 

Category

G. Geolocation Data.

Disclosed To

• Commercial Customers (as defined in the Privacy Policy) who are the Account Owner for the applicable account with us

Category

H. Sensory data.

Disclosed To

• Commercial Customers (as defined in the Privacy Policy) who are the Account Owner for the applicable account with us

Category

I. Professional or employment-related information.

Disclosed To

• Commercial Customers (as defined in the Privacy Policy) who are the Account Owner for the applicable account with us

IV. Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

A. Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.  Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we have collected about you. 

• The categories of sources for the personal information we collected about you. 

• Our business or commercial purpose for collecting or selling that personal information. 

• The categories of third parties with whom we share that personal information. 

• The specific pieces of personal information we collected about you (also called a data portability request). 

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: 

  • sales, identifying the personal information categories that each category of recipient purchased; and 

  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

To make a request to have your personal information disclosed you can make a request for the information using the contact information set out in Section C below.

B. Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.  Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

• Debug products to identify and repair errors that impair existing intended functionality.

• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

• Comply with a legal obligation.

• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

C. Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by contacting us as follows:

1. writing to us at ThriveNeighbor Inc, 1007 N Orange St. 4th Floor,Wilmington, DE 19801, attention: Privacy Officer

(2) emailing us at: info@thriveneighbor.com.  Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

If you wish to register a person to operate on your behalf, you must inform us by contacting our customer services team and validating your identity so that the identity of the authorized person may be recorded.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide enough information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

• Describe your request with enough detail that allows us to properly understand, evaluate, and respond to it.

• We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

D. Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt.  If we require more time, we will inform you of the reason and extension period in writing within forty-five (45) days of receipt of your request.  We will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. 

The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

E. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.  Unless permitted by the CCPA, we will not:

• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

• Provide you a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

F. California Shine the Light Law

California’s “Shine the Light” law (Civil Code Section § 1798.83) may permit users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, and to prevent future disclosures for direct marketing purposes of your Personal Information.  To make such a request, please contact us using the contact information provided below.

V. Changes to this Notice

We reserve the right to amend this CA Privacy Notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our website and update this notice’s effective date.  If as a business we intend to use your personal information for a purpose that was not previously disclosed in the privacy policy or in the notice at collection, we shall directly notify your of this new use and obtain explicit consent from the consumer to use it for this new purpose.

VI. Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described in the CA Privacy Notice and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us as follows:

• Send us a message via email to info@thriveneighbor.com

Terms Of Service 

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. THRIVENEIGHBOR INC. (“THRIVENEIGHBOR”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://THRIVENEIGHBOR.COM/ (THE “WEBSITE”) AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME, AND THE THRIVENEIGHBOR MOBILE APPLICATION MADE AVAILABLE BY THRIVENEIGHBOR AND THROUGH THIRD-PARTY MARKETPLACES  (THE “APP”). THESE TERMS OF SERVICE (AS AMENDED FROM TIME TO TIME, THESE “TERMS OF SERVICE”) APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE AND APP. BY ACCESSING, BROWSING, AND USING THIS WEBSITE AND/OR THE APP, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE WHICH CONSTITUTES A BINDING LEGAL AGREEMENT GOVERNED BY AND MADE UNDER CANADIAN LAW BETWEEN YOU AND THRIVENEIGHBOR. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE OR THE APP. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APP, OR THE SERVICE (DEFINED IN SECTION 1 BELOW).

PLEASE BE AWARE THAT SECTION 23 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE, THE APP, OR THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF ALBERTA, CANADA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT. EACH OF THE PARTIES HEREBY ATTORNS TO THE EXCLUSIVE JURISDICTION OF THE PROVINCIAL AND FEDERAL COURTS LOCATED IN THE PROVINCE OF ALBERTA WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE.

NON-MOBILE APP USERS: IF YOU SUBSCRIBE TO THE SERVICE FOR A FREE TRIAL, AND DO NOT CANCEL THE SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A MONTHLY OR ANNUAL BASIS AT THRIVENEIGHBOR’S THEN-CURRENT FEE FOR SUCH SERVICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW. IF YOU SUBSCRIBE TO THE SERVICE UNDER A SUBSCRIPTION PLAN FOR A TERM (“INITIAL TERM”), THEN THOSE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT THRIVENEIGHBOR’S THEN-CURRENT FEE FOR SUCH SERVICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW.

MOBILE APP USERS: IF YOU SUBSCRIBE FOR A FREE TRIAL YOU WILL HAVE THE RIGHT TO USE THE SERVICE FOR THE TRIAL PERIOD THROUGH THE APP IF YOU DOWNLOAD THE THRIVENEIGHBOR APP THROUGH A THIRD-PARTY APP STORE. YOUR ABILITY TO USE ALL FEATURES OF THE APP WILL TERMINATE ON EXPIRY OF THE TRIAL UNLESS YOU OPT TO MAKE AN IN-APP PURCHASE TO SUBSCRIBE TO A PAID PLAN GRANTING FULL ACCESS TO THE SERVICE. PLEASE SEE FURTHER DETAILS OF APP SUBSCRIPTION PLANS IN SECTION 14 BELOW.

IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF OF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.

PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY THRIVENEIGHBOR IN ITS SOLE DISCRETION AT ANY TIME. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Website and under the “Settings — Terms of Service” section of the App. When material changes are made, ThriveNeighbor will send you an email and/or in-App notification. We will also update the “Last Updated” date at the top of the Terms of Service. Any non-material change (such as clarifications) to these Terms of Service and any new terms governing new features, functionality, or services will become effective on the date the change is posted. Any material changes to the Terms of Service will be effective: (i) immediately if you are a new user of the Website, the App, and/or Service; and (ii) if you are an existing user of the Website, the App, and/or Service, upon the earlier of (a) thirty (30) days after notice is provided of such changes, which notice may be provided on the Website for existing users or by dispatch of an e-mail or in-App notice, or (b) your acceptance of the updated Terms of Service. ThriveNeighbor may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Website, the App, and/or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s) or otherwise do not agree with these Terms of Service, you shall stop using the Website, the App, and/or the Service. Otherwise, your continued use of the Website, the App, and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE OR THE APP’S “SETTINGS” PAGE TO VIEW THE THEN-CURRENT TERMS.

1. THE SERVICE.

1. The Service.  The ThriveNeighbor service enables users to run a mobile service business including without limitation CRM, scheduling, billing, invoicing, and payment integration functions, as well as the ThriveNeighbor payment processing service, all as further described on the Website (the “Service”) and the underlying hardware, software, network storage, and related technology required to run the Service is provided by ThriveNeighbor and its third-party vendors and hosting partners.  

2. Your Privacy.  We respect the privacy of our users. For more information please see our Privacy Policy, located at (Insert Privacy link) and under the “Settings — Privacy Policy” section of our App (the “Privacy Policy”). By using the Website, the App, and/or the Service, you consent to our collection, use, and disclosure of personal information and other data as outlined therein.

3. Additional Terms.  Your use of the Website, the App, and the Service is subject to all additional terms, policies, rules, product documentation, published materials, or guidelines applicable to the Website, the App, and the Service (or certain features and/or functionality thereof) that we may post on or link to from the Website, the App, or the Service (the “Additional Terms”). All such terms are hereby incorporated by reference into these Terms of Service, and may be amended from time to time by us. In the event that any Additional Terms are inconsistent with the Terms of Service, those Additional Terms will govern.

Without limiting the foregoing, a description of certain features and/or functionality, and corresponding Additional Terms, is set out below:

1. Supplemental Terms for Franchisees. If you are activating a ThriveNeighbor account as a franchisee, franchisor or similar contractual relationship (for example, dealer and manufacturer relationship, multi-unit companies that may not be legally structured as franchises, etc.) between yourself and a separate entity (the 

2. REGISTRATION.

1. Generally.  You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process and access certain features of the Website, the App, and/or Service. If you choose to register for the Website, the App, and/or the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. You may also access the Website, App, and/or Service by accessing certain social networking services (“SNSs”) through which you have connected to the Website (each such account, a “Third-Party Account”), or an account with the provider of the App for the user’s mobile device. Any personal information provided by you as part of the sign-up process for the Service will be used and stored in accordance with the ThriveNeighbor Privacy Policy. We also collect email addresses from any users of the Service (the “User”) that downloads content from the Website.

2. Account Ownership.  If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an individual, or on behalf of an organization, the billing contact person will be the default account owner (the “Account Owner”). The Account Owner will have certain rights within the account, including the right to cancel the account, delete information from the account, and appoint administrators. Notwithstanding anything to the contrary contained herein, you acknowledge and agree that the term Account Owner does not convey or connote ownership rights or any other property interest in an account, even where you are designated as the Account Owner, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of ThriveNeighbor. Although the Account Owner can also appoint a new Account Owner if the billing contact is not the appropriate person to manage the account, in the event of a dispute regarding entitlement to access an account, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or any other information that ThriveNeighbor may reasonably request in its discretion. ThriveNeighbor retains the right to determine, in our sole judgment, who the rightful Account Owner is and may transfer an account to the person we consider is the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, ThriveNeighbor reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

3. Employee Users. Depending on your ThriveNeighbor subscription plan, the Account Owner may be able to create additional accounts allowing other authorized people, such as their employees, (“Employee Users”) to access their business’ account. Employee Users will be invited by the Account Owner or other authorized individual to create a ThriveNeighbor account. Each Employee User will be required to provide their full legal name and a valid email address, and such other contact information as ThriveNeighbor may reasonably require from time to time. Account Owners and administrators can set the permissions and level of access for each Employee User in its account. The Account Owner is responsible for: (a) ensuring its employees, or other authorized agents or third parties, comply with these Terms of Service; (b) any breach of these Terms of Service by its employees, or other authorized agents or third parties; and (c) ensuring Employee User access is up to date and reflect any changes to the status of authorized individuals. The Account Owner and all Employee Users are each “users” of the Services and are bound by these Terms of Service.

4. Third-Party Accounts.  If you access the Website, the App, and/or Service through a SNS as part of the functionality of the Website, the App, and/or the Service, you may link your account with Third-Party Accounts by allowing ThriveNeighbor to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to ThriveNeighbor and/or grant ThriveNeighbor access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating ThriveNeighbor to pay any fees or making ThriveNeighbor subject to any usage limitations imposed by such third-party service providers. By granting ThriveNeighbor access to any Third-Party Accounts, you understand that ThriveNeighbor may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Website, the App, and/or Service (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Website, the App, and/or Service via your account. Unless otherwise specified in the Terms of Service, all SNS Content shall be considered to be User Content (as defined in Section 4) for all purposes of the Terms of Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website, the App, and/or Service. Please note that if a Third-Party Account or associated service becomes unavailable, or the third-party service provider terminates ThriveNeighbor’s access to such Third-Party Account or ThriveNeighbor terminates access, then SNS Content will no longer be available on and through the Website, the App, and/or Service. If you decide at any time that you no longer wish to have your Third-Party Account linked to your account, please contact us at info@thriveneighbor.com. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND THRIVENEIGHBOR DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. You, and not ThriveNeighbor, will be responsible for any and all costs and charges associated with your use of any Third-Party Accounts. ThriveNeighbor enables these Third-Party Accounts merely as a convenience and the integration or inclusion of such Third-Party Accounts does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Website, the App, and/or the Services are between you and the third party. ThriveNeighbor makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and ThriveNeighbor is not responsible for any SNS Content.

3. FEES, PAYMENTS, REFUNDS, UPGRADING, AND DOWNGRADING.

ThriveNeighbor App subscribers please refer to Section 14 below for details relating to subscription plans, fees, and service cancellation through the App.

1. Information on the current fees for Users who are registered for the Service can be found in the billing section of your account. If you are a new User or prospective User of the Service and would like more information about our pricing models and products, please see our pricing page, located at https://thriveneighbor.com/. From time to time, we may offer a free trial of the Service, in our sole discretion granting access to the Service for a period of time determined by ThriveNeighbor. A valid credit card is required for paying accounts. If you sign up for a recurring (e.g., monthly or annual) paid account, and you do not cancel that account before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e., up to and including the last day of your free trial), your access to the Service will terminate, and your credit card will not be charged.

2. Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with Section 18 below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at ThriveNeighbor’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless (i) in the case of monthly subscriptions, you cancel your subscription before the Renewal Commencement Date, and (ii) in the case of annual subscriptions, you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or, in the event that you receive a notice from ThriveNeighbor that your annual subscription will be automatically renewed, you will have thirty (30) days from the date of the ThriveNeighbor notice), by logging in and going to the “Cancel your account” section of your “Account and Billing” page or by notifying ThriveNeighbor of the intended termination by phone.

3. Billing, Changes to Service Tiers & Cancellations.  The Service is billed in advance on a monthly or annual basis and fees are non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade your account, we will adjust your fees down as of the next billing cycle. Downgrading your Service may cause the loss of User Content, features, or capacity of your account. ThriveNeighbor does not accept any liability for such loss. If you cancel the Service before the end of your current paid up billing cycle, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon fourteen (14) days’ notice from us. Such notice may be provided by email or through an in-App notification. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. If you dispute any charges, you must let ThriveNeighbor know within sixty (60) days after the date that ThriveNeighbor charges you, or within such longer period of time as may be required under applicable law.

4. Collection Costs.  You are liable for all costs we incur to collect any amounts you owe under these Terms of Services, in addition to the amounts you owe. Collection costs may include attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, applicable interest, and any other related cost.

5. Credits.  ThriveNeighbor may, in its sole discretion, offer credits (“Credits”) to its Users for promotional or other purposes. Credits may only be redeemed for purchases of Services and may not be applied to any previous purchase. Credits are non-transferable, non-refundable, and may not be redeemed for cash. A User’s Credits will expire and will no longer be available on the later of: the date expressed in connection with the promotion (which may be canceled or discontinued in accordance with this section), the date such User terminates their subscription with ThriveNeighbor, or twelve (12) months from the date the Credits are posted in such User’s account. ThriveNeighbor reserves the right to terminate, discontinue, or cancel any promotions under which Credits were issued at any time and in its sole discretion without notice to you.

4. CONTENT.

1. User Content and Other Materials.  All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted to the Website and/or App by viewers or users including certain personal information (“User Content”), is the sole responsibility of such viewers or users. You represent and warrant to ThriveNeighbor that you have the necessary rights under applicable law or have obtained the necessary consents from each end user whose personal information is provided by you to ThriveNeighbor in order to allow ThriveNeighbor to use, disclose, and otherwise process such personal information for the purposes described in our Privacy Policy. More generally, responsibility for User Content means that the viewer or user, and not ThriveNeighbor, are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available by using the Service. ThriveNeighbor does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity, or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent, or objectionable. Under no circumstances will ThriveNeighbor be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted, or otherwise made available via the Service. You acknowledge that ThriveNeighbor does not pre-screen any such materials, but that ThriveNeighbor and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any materials that are available via the Service. In the case of Employee Users, the Account Owner is ultimately responsible for the User Content transmitted by its Employee Users to the Website and/or App.

2. Service Content. You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by ThriveNeighbor, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service Content other than as specifically authorized herein is strictly prohibited.

3. Copyright Complaints. ThriveNeighbor respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify ThriveNeighbor of your infringement claim in accordance with the procedure set forth here: (Insert Copywrite link).

5. RESTRICTIONS ON USER CONTENT AND USE OF THE SERVICES.

1. Restrictions Generally.  ThriveNeighbor reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of our users and the public. In using the Website, the App and/or Service you shall not:

   1. copy any content unless expressly permitted to do so herein;

   2. upload, post, email, transmit, or otherwise make available any material that:
      aa) is or may be perceived as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
      bb) you do not have a right to make available under any law or under a contractual relationship;
      cc) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party (including privacy rights);
      dd) use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      ee) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or App or that of any users or viewers of the Website or App or that compromises a user’s privacy;
      ff) contains any falsehoods or misrepresentations or create an impression that you know or ought to know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
      gg) poses or creates a privacy or security risk to any person; or
      hh) in the sole judgment of ThriveNeighbor, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ThriveNeighbor or its users to any harm or liability of any type;

   3. impersonate any person or entity or misrepresent their affiliation with a person or entity;

   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or App or impersonate another person or organization;

   5. interfere with or disrupt the Website or App or servers or networks connected to the Website or App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

   6. intentionally or unintentionally violate any applicable local, state/provincial, national, or international law or regulation;

   7. collect or store personal information about other users or viewers, including, for clarity, any payment data, except where the Service is clearly intended and designed for collection and/or storage of such information;

   8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App;

   9. modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify, or reverse engineer any part of the Website or App or any software provided as part of the Service or to falsely imply that another website is associated with the Service, ThriveNeighbor, or any other ThriveNeighbor service, except to the extent the foregoing restrictions are expressly permitted by applicable law;

   10. solicit personal information from anyone under the age of 18;

   11. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

   12. advertise or offer to sell or buy any goods or services for any business purpose that is not authorized;

   13. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

   14. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; 

   15. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Service, including through the use of virtual private networks; or

   16. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
       
       If you are blocked by ThriveNeighbor from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

2. Acceptable Use.  You agree to comply with all applicable laws in connection with the use of the Services, including the provision of any personal information and other Content to ThriveNeighbor. You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by ThriveNeighbor) of other ThriveNeighbor customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the Website.

3. ThriveNeighbor Provisioned Phone Numbers.  Certain ThriveNeighbor plans may include access to a company-specific phone number which may be used to send and receive SMS messages in connection with your business. For the avoidance of doubt, you will be solely responsible for the content and legality of any communications you transmit, collect, or store through this feature and you will indemnify ThriveNeighbor in respect of any claims arising in respect of the same. Company specific numbers are owned by ThriveNeighbor and non-transferable by you. ThriveNeighbor is under no obligation to port such number(s) over to an alternative phone carrier.  On cancellation or termination of your subscription or the applicable subscription plan that enables access to a company-specific number, ThriveNeighbor may reclaim and reallocate any company-specific number not currently linked to an active subscription in a tier that grants access to this feature.

4. Competitors.  No employee, independent contractor, agent, or affiliate of any company providing job tracking and customer management software services for home service businesses is permitted to view, access, or use any portion of the Service without express written permission from ThriveNeighbor. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of ThriveNeighbor or any of its affiliates, or acting on behalf of a competitor of ThriveNeighbor in using or accessing the Service.

5. General Practices Regarding Use and Storage.  You acknowledge that ThriveNeighbor may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ThriveNeighbor’s or its third-party service providers’ servers on your behalf. You agree that ThriveNeighbor has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that ThriveNeighbor reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ThriveNeighbor reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. LICENSE OF CONTENT TO THRIVENEIGHBOR.

By submitting, posting, or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, modify, transmit, display, and distribute such User Content: (a) to the extent necessary to provide the Service; (b) to create aggregated and anonymized market research statistics and insights in respect of the customers and industries that use ThriveNeighbor; and (c) otherwise use de-identified User Content for the purpose of improving the Service. ThriveNeighbor will not be responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.

7. END USER LICENSE.

1. End User License.  The App, the Website, and the information and materials contained therein (except for User Content), are the property of ThriveNeighbor and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, ThriveNeighbor grants you a non-transferable, non-exclusive, revocable license to (a) use the Website for your use, and (b) download, install, and use one copy of the App on a mobile device that you own or control for your use. For clarity, the foregoing is not intended to prohibit you from installing the App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading an App grants you the aforementioned rights in connection with the installation and use of the App on one device.

2. App Stores.  With respect to the access through or download of the App from the Apple App Store, Google Play, or any other third-party marketplace (each an “app store”), you will only use the App: (i) on the branded device of the applicable app store owner, if required by the app store owner’s marketplace terms and conditions; and (ii) as permitted by the “Usage Rules” set forth in the  applicable app store terms of service. The App is licensed to you and not sold. Nothing in these Terms of Service gives you a right to use the ThriveNeighbor names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent, and all goodwill generated from the use of the foregoing will inure to ThriveNeighbor’s exclusive benefit. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or within the App. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Service.

3. Apple-Enabled Software.  With respect to mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

   • ThriveNeighbor and you acknowledge that these Terms of Service are concluded between ThriveNeighbor and you only, and not with Apple Inc. (“Apple”), and that as between ThriveNeighbor and Apple, ThriveNeighbor, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

   • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.

   • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.

   • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. 

   • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be ThriveNeighbor’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

   • ThriveNeighbor and you acknowledge that ThriveNeighbor, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. 

   • In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between ThriveNeighbor and Apple, ThriveNeighbor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

   • You represent and warrant that (a) you 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

   • If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to ThriveNeighbor as follows:
     
     info@thriveneighbor.com
     1007 N Orange St. 4th Floor,Wilmington, DE 19801 

   • You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.

   • ThriveNeighbor and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

4. Google-Sourced Software.  The following applies to any mobile App you download from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms of Service are between you and ThriveNeighbor only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (iv) ThriveNeighbor, and not Google, is solely responsible for ThriveNeighbor’s Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to ThriveNeighbor’s Google-Sourced Software.

5. Special Notice for International Use; Export Controls.  ​​The Service is not intended for visitors in countries or territories on the sanctioned lists of Canada (https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/current-actuelles.aspx?lang=eng) or the United States (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information). Access to the Service from such countries or territories, or by individuals where such access is otherwise illegal, is prohibited. By accessing the Service, you represent and warrant that you are not located in any such countries or territories and are not designated or described on any relevant list of prohibited, restricted, sanctioned, or debarred parties maintained by Canada or the United States. Software available in connection with the Service and the transmission of applicable data, if any, is subject to export controls, and no software (including the App) may be downloaded from the Service or otherwise exported or re-exported in violation of export laws. Downloading or using any software (including the App) is at your sole risk. In addition, we make no representation that the Service is appropriate or available for use outside of the United States and Canada.

8. MOBILE SERVICES

1. Mobile Services.  The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Website from a mobile device, and (iii) the ability to access certain features and content through the App (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

2. Telephonic Communications Services.  By using the Service and providing us with your telephone number(s), you are consenting to be contacted by ThriveNeighbor or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of ThriveNeighbor or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts, or other telephonic communications. You do not have to consent to receive calls or text messages from ThriveNeighbor or its affiliates or partners for marketing or solicitation purposes to purchase ThriveNeighbor’s products or services. In the event you no longer wish to receive such calls, text messages, or other telephonic communications, you agree to notify ThriveNeighbor or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your ThriveNeighbor account information to ensure that your messages are not sent to a person that acquires your old telephone number.
   
   There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS, or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS, or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
   
   By replying to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation. 
   
   You can also invite others to use the Service or refer home service businesses through the Website or App by providing the numbers or other contact information of those you want to invite or provide a referral, or by selecting the individuals you want to invite or provide a referral from your contacts list  (if you have uploaded one), and taking the actions to send those individuals an invitation message or referral. By inviting others to use the Service or providing others a referral, you represent to us that those you invite or provide a referral to consent to receive the invitation messages or referrals and that you are authorized to convey that consent to us.

9. FEEDBACK; SERVICE COMPLAINTS.

If you provide ThriveNeighbor with any suggestions, comments (including, without limitation, endorsements, reviews, and testimonials), or other feedback relating to any aspect of the Website, the App, and/or Service (“Feedback”), ThriveNeighbor may use such Feedback in any way it reasonably determines appropriate, which may include modifying and improving the Website, App, and/or Service, ThriveNeighbor’s other current and future services and products, and/or ThriveNeighbor’s advertising or marketing materials (collectively, “ThriveNeighbor Offerings”). Accordingly, you agree that: (a) ThriveNeighbor is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to ThriveNeighbor; (c) ThriveNeighbor (including all of its successors and assigns and any successors and assigns of any of the ThriveNeighbor Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any ThriveNeighbor Offerings; and (d) you are not entitled to receive any compensation or reimbursement of any kind in respect of the Feedback.

You agree to cooperate with ThriveNeighbor in conducting reasonable due diligence into any complaint that you or your customers receive relating to the Service (including performance of any components of the Service such as the account security and fraud prevention tools) and you agree that you will cooperate with ThriveNeighbor to ensure appropriate action is taken in response to such complaints where necessary.

10. THIRD-PARTY APPS; THRIVENEIGHBOR MARKETPLACE.

ThriveNeighbor provides access to a marketplace (the “Marketplace”) enabling subscribing ThriveNeighbor users to browse and obtain access to a variety of free and paid third-party software applications, tools, and add-ons (collectively “Third-Party Apps”) which are offered by third-party developers (“App Providers”) as well as applications, tools, and add-ons offered by ThriveNeighbor (“ThriveNeighbor -Built Apps”). ThriveNeighbor may make Third-Party Apps and ThriveNeighbor -Built Apps available to you outside of the Marketplace, including through direct links or through other means.

If you install or enable a ThriveNeighbor -Built App, such ThriveNeighbor -Built App will be provided as part of the Services and subject to these Terms of Service and ThriveNeighbor’s Privacy Policy.

All Third-Party App transactions concluded on or through the Marketplace, or through other means as applicable, are concluded between you and the relevant App Provider. Although ThriveNeighbor may be responsible for providing certain services on request such as listing Third-Party Apps for the App Providers, ThriveNeighbor is not a party to any transaction through the Marketplace and the relevant App Provider is solely responsible for support and stipulating the terms on which access to a Third-Party App is provided. Use of any Third-Party App is always at your discretion and your sole risk and any problems with a Third-Party App should be resolved in the first instance with the applicable App Provider.

If you install or enable a Third-Party App for use with the Service, you grant us permission to allow the applicable App Provider to access your data and other materials and to take any other actions as required for the interoperation with the Service, and any exchange of data or other materials or other interaction between you and the App Provider including the terms on which you are permitted to use the Third Party App and the App Provider’s privacy policies, is solely between you and such App Provider. Please refer to our Privacy Policy for further information about how your personal information is processed in connection with use of the Marketplace or enablement of a Third-Party App by other means as applicable.

THRIVENEIGHBOR DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE INCLUDING THIRD-PARTY APPS ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE MARKETPLACE OR OTHERWISE MADE AVAILABLE TO YOU AND THRIVENEIGHBOR SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. THRIVENEIGHBOR WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THIRD-PARTY APPS. You agree to indemnify and hold us and our affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party App or your relationship with any App Provider.

11. LINKS; ADVERTISEMENTS; THIRD-PARTY INTEGRATIONS; CONTESTS.

The Website and App (including User Content) may contain links to other websites that are not owned or controlled by ThriveNeighbor or may make it possible for you to elect to use third-party services with the Service where such third-party service providers have integrated with the Service (“Third-Party Integration Partners”). Third-Party Integration Partner products and services may also be made available to you directly from ThriveNeighbor. In no event shall any reference to any third party, third-party product or service be construed as an approval or endorsement by ThriveNeighbor of that third party, third-party product or service. ThriveNeighbor is also not responsible for the content of any linked websites or for the delivery of any product or service offered by third-parties including Third-Party Integration Partners. In order to receive access to a Third-Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third-Party Integration Partner. For certain services offered by Third-Party Integration Partners, you will be required to pay a fee to ThriveNeighbor to turn on the third-party service. Any third-party websites or services (including those offered by Third-Party Integration Partners) are subject to the terms and conditions of those websites and/or services and you are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that ThriveNeighbor endorses or accepts any responsibility for the content or use of such websites, and you hereby release ThriveNeighbor from all liability and damages that may arise from your use of such websites or receipt of services from any such websites. While ThriveNeighbor does not prohibit linking to third-party websites and content, it does not wish to be linked to or from any third-party website which contains, posts, or transmits any of the prohibited content in Section 7 of these Terms of Service. ThriveNeighbor reserves the right to prohibit or remove (or require you to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.  

ThriveNeighbor may from time to time offer promotions, sweepstakes, giveaways, and contests on the Website. Participation in such initiatives requires your agreement to the contest rules that govern the specific promotional event.

If you are using a payment integration, you must adhere to the applicable rules and regulations of such payment integrator. In addition, you are responsible for ensuring the security of any cardholder data in your possession including any cardholder data which you collect, process, transmit, or store. It is also your obligation to inform your customers about your processing of their data and your responsibility for the same.   

You acknowledge and agree that the Website and App may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that ThriveNeighbor shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

12. ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND/OR SIMILAR TECHNOLOGIES. 

ThriveNeighbor may offer or integrate with certain artificial intelligence, machine learning, and/or similar technologies (each an “AI Tool”) as part of the Website, App, and/or Service. The purpose(s) of each AI Tool may include, but is not limited to, the following:

• Creating content or generating responses based on input provided by you;

• Analyzing or generating content based on your use of the Website, App, and/or Service;

• Providing, operating, maintaining, and improving the Website, App, and/or Service; and

• Detecting, preventing, or otherwise addressing fraud, security, or technical issues. 

Your use of the AI Tools is subject to these Terms of Service, together with any additional terms applicable to a specific AI Tool. You are responsible for ensuring that any User Content you provide to an AI Tool is appropriate and permissible under these Terms of Service. Notwithstanding the fact that safeguards have been implemented, outputs generated by an AI Tool (collectively, “Outputs“), which, for the avoidance of any doubt, are also your “User Content” for the purposes of these Terms of Service, may not always be accurate or contextually relevant, and ThriveNeighbor makes no representations or warranties, express or implied that the AI Tools or any Outputs are free from error or bias. You must carefully review and verify Outputs before relying on them, and you acknowledge, understand, and agree that (a) your use of and reliance on the AI Tools is at your own risk, appropriate, permissible under these Terms of Service; and (b) the AI Tools cannot provide legal, medical, or professional advice, and users are cautioned against relying on the AI Tools for critical decisions or sensitive matters, and that consultation with a qualified professional is advised.

Any personal information provided by you in connection with the AI Tools will be used and stored in accordance with the ThriveNeighbor Privacy Policy. Please refrain from sharing sensitive personal information with the AI Tools, as any information shared with an AI Tool may be logged for analysis, improvement, and security purposes.

Users of the AI Tools acknowledge, understand, and agree that they are prohibited from using the AI Tools in certain prohibited manners, which include, but are not limited to, bypassing filters or otherwise making an AI Tool perform unanticipated actions, exposing any information used in an AI Tool’s training data, overriding the privacy or security controls in an AI Tool, creating or exacerbating biases in an AI Tool, or otherwise negatively impacting an AI Tool’s safeguards or extracting personal information in the course of using an AI Tool.

13. BETA SERVICES.

From time to time, ThriveNeighbor may, in its sole discretion, invite you to use or otherwise make available to you (including through “ThriveNeighbor Labs” on the Website and/or App), on a trial or evaluation basis only, pre-release or beta features, technologies, or services that are in development and which are not yet available to all of our customers (“Beta Services”). Beta Services are not part of the Service, and Beta Services may be subject to additional terms and conditions, which ThriveNeighbor will provide to you prior to your use of the Beta Services. You must comply with all terms related to any Beta Services and unless otherwise specified in the applicable additional terms, we grant you a non-exclusive, revocable, non-transferable limited license to use the Beta Services. ThriveNeighbor may add or modify terms related to access to or use of any Beta Services at any time.

Such Beta Services and all associated content, data, and materials relating thereto (including any information relating to your access, use, testing, or evaluation of Beta Services such as observations or information regarding the performance, features, and functionality of Beta Services) (collectively “Beta Service Data”) will be owned by and constitute Confidential Information of ThriveNeighbor and is subject to the confidentiality provisions in these Terms of Service. You agree that you will not disclose or use any Beta Service Data except for your internal evaluation purposes of any Beta Service. 

The Beta Services are provided on an “as-is” and “as available” basis and may contain bugs, errors, or other problems. ThriveNeighbor makes no representations or warranties of any kind in relation to the Beta Services. ThriveNeighbor hereby disclaims all liability for any harm or damage arising out of or in connection with a Beta Service. 

ThriveNeighbor may suspend or terminate your access to or use of any Beta Service at any time. Your access to and use of each Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by ThriveNeighbor. On termination of your access to or use of any Beta Service for any reason, (a) you will not have any further right to access or use the applicable Beta Service, and (b) any content used in the applicable Beta Service may be deleted or inaccessible. ThriveNeighbor may change or not release a final or commercial version of a Beta Service in our sole and absolute discretion.

14. APP TERMS.

1. Third Party App Stores.  Mobile users of the Service acknowledge and agree that the availability of the App and the Service is dependent on the app store from whom you received the App license. In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the app store in connection with the Website, App, and Service.

2. App Subscription Plans, Fees, and Payment Terms.  Subscription plans for the Service will be displayed within the App and you can select the tier you wish to use and pay the applicable fees through the payment processing method provided by the applicable app store. Unless otherwise provided through the applicable app store’s terms, your subscription automatically renews for a period of time equal to your original subscription term.

3. Cancellations.  Notwithstanding the terms in Section 18 below, if you subscribe to the Service through the App you can cancel your subscription by using the manage subscription features provided by the applicable app store.

15. DISCLAIMERS.

THE WEBSITE, SERVICE, APP, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS” AND THRIVENEIGHBOR DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. IN ADDITION, THRIVENEIGHBOR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. THRIVENEIGHBOR DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD-PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND THRIVENEIGHBOR SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD-PARTY. THRIVENEIGHBOR WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

16. LIMITATION OF LIABILITY. 

UNDER NO CIRCUMSTANCES SHALL THRIVENEIGHBOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, APP, OR SERVICE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (F) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF THRIVENEIGHBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THRIVENEIGHBOR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) ONE HUNDRED US DOLLARS ($100) OR (II) THE AMOUNTS YOU’VE PAID THRIVENEIGHBOR IN THE PRIOR TWELVE (12) MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMERS”, AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

17. INDEMNIFICATION.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU SHALL INDEMNIFY AND HOLD THRIVENEIGHBOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “THRIVENEIGHBOR PARTIES”) HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, THE RIGHTS OF ANY THIRD-PARTY, OR ANY APPLICABLE LAW OR REGULATION. ThriveNeighbor will provide notice to you of any such claim, suit, or proceeding. ThriveNeighbor reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this provision, and you agree to cooperate with any reasonable requests assisting ThriveNeighbor’s defense of such matter. You may not settle or compromise any claim against the ThriveNeighbor Parties without ThriveNeighbor’s written consent. This provision does not require you to indemnify ThriveNeighbor for any unconscionable commercial practice by ThriveNeighbor or for ThriveNeighbor’s fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact in connection with the Website or any Services provided hereunder.

18. TERMINATION.

You are solely responsible for properly canceling your account. You can cancel your account at any time by logging in and going to the “Cancel your account” section of your “Account and Billing” page or by notifying ThriveNeighbor of the intended termination by phone. However, please see Section 3 above for details that the effect of cancellation has on your payment obligations. ThriveNeighbor may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or App or portions thereof. Cause for such termination may include, but not be limited to, (a) breaches or violations of these Terms of Service or any other agreement that you may have with ThriveNeighbor (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by you to ThriveNeighbor), (b) requests by law enforcement or other government agencies, (c) a request by the Account Owner, (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical, security, or legal issues or problems, (f) actual or suspected participation by you, directly or indirectly, in fraudulent or illegal activities, or (g) verbal, physical, written, or other abuse (including threats of abuse or retribution) of any ThriveNeighbor customer, employee, member, or officer. Termination of your access to the Website or App may also include removal of some or all of the materials uploaded by you. On termination, you may request deletion of certain materials uploaded by you or other Content. To the extent the data is in ThriveNeighbor’s possession, custody, or control, ThriveNeighbor will perform such deletion subject to the retention policy in our Privacy Policy, and upon your request, we will certify the same in writing. You acknowledge and agree that all terminations may be made by ThriveNeighbor in its sole discretion and that ThriveNeighbor shall not be liable to you or any third party for any termination of your access to the Website or App or for the removal of any of the materials uploaded by you to the Website or App. Any termination of these Terms of Service by ThriveNeighbor shall be in addition to any and all other rights and remedies that ThriveNeighbor may have.

Sections 6, 9, 15, 16, 17, 18, 21, 22, 23, 24, and 25, any outstanding payment obligations, and any other rights or obligations that by their nature should survive, in each case will survive the termination or expiry of these Terms of Service or your account for any reason.   

19. AVAILABILITY AND UPDATES.

ThriveNeighbor may alter, suspend, or discontinue the Website, App, and/or Service at any time and for any reason or no reason, without notice, but will endeavor to provide notice of the same. The Website, App, and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. ThriveNeighbor may periodically add or update the information and materials on the Website, App, and/or Service without notice. You may need to update third-party software from time to time in order to use the Website, App, and/or Service.

20. SECURITY.

1. Security Generally.  ThriveNeighbor maintains a security program with appropriate administrative, technical, organizational, and physical security measures designed to protect your Content against unauthorized access, disclosure, and loss. However, information sent or received over the internet is generally insecure and ThriveNeighbor cannot and does not make any representation or warranty concerning security of any communication to or from the Website or the App or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for creating and keeping secure a strong password that you use to access the Service and you are responsible for any activities or actions under the account protected by your password. It is recommended that the password you use to access your account is unique to ThriveNeighbor. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur. User accounts are intended for one user only and are not to be shared by multiple users. ThriveNeighbor will not be liable for any loss or damage arising from your failure to comply with these requirements.

2. Account Security and Fraud Prevention.  ThriveNeighbor utilizes third-party fraud prediction and detection services to help identify potential threats such as unauthorized account access and fraudulent transactions. These services are further described in the Security Service Terms which form an integral part of this Agreement and certain aspects of these services as they relate to personal information may also be found in our Privacy Policy.

21. CONFIDENTIALITY.

1. “Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection with the Service, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing Party, including, without limitation, customer information, transactional information, and any other non-public content posted, transmitted or accessed through the Service (including, for the avoidance of any doubt, any Beta Services). A Receiving Party shall: (a) limit access and use of Disclosing Party’s Confidential Information to those of Receiving Party’s employees, agents, and subcontractors that require such access and use in connection with such party’s obligations hereunder, who each treat such Confidential Information as provided in this Section, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained in this Section; (b) not disclose Disclosing Party’s Confidential Information to third parties (except those partners or third party service providers used by us to provide some or all elements of the Service and who are bound by duties of confidentiality), unless authorized under this Section; (c) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care; and (d) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this Section shall prevent a Receiving Party from disclosing Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the Receiving Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. In addition, Confidential Information may be disclosed to governments and their agencies under lawful order or judicial order. In the event that ThriveNeighbor receives a request or order to release your Confidential Information, we can comply with the same without your consent. We may notify you of this matter to the extent not prohibited by law or the applicable order or unless we deem, in our sole discretion, that notification could be prejudicial and/or might create or further cause injury or harm to persons or property, and subject to Section 21(b).

22. RESPONSES TO LAW ENFORCEMENT.

ThriveNeighbor will respond to all valid legal requests to the extent permitted by our Terms of Service and Privacy Policy and United States law

Please note that due to the time consuming and costly nature of addressing disclosure requests, we reserve the right to charge users, on a time and materials basis, for ThriveNeighbor’s efforts taken in response to law enforcement requests initiated either at a user’s request or where compelled to comply with court orders, subpoenas and other valid requests in respect of a user’s account.

23. DISPUTE RESOLUTION.

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with ThriveNeighbor and limits the manner in which you can seek relief from us.

1. Applicability of Arbitration Agreement.  You agree that any dispute or claim relating in any way to your access or use of the Website, the App, and/or the Service, to any products sold or distributed through the Website, the App, and/or the Service, or to any aspect of your relationship with ThriveNeighbor, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or ThriveNeighbor may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

2. Pre-Arbitration Dispute Resolution.  ThriveNeighbor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@thriveneighbor.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to ThriveNeighbor should be sent to ThriveNeighbor Inc. at 1007 N Orange St. 4th Floor, Wilmington, DE 19801 with a copy to info@thriveneighbor.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If ThriveNeighbor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or ThriveNeighbor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ThriveNeighbor or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ThriveNeighbor is entitled.

3. Arbitration Rules and Forum.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under USD $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, ThriveNeighbor will pay them for you. In addition, ThriveNeighbor will reimburse all such JAMS’s filing, administrative, hearing, and/or other fees for claims totaling less than USD $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. If the parties are unable to agree on a location, the determination will be made by JAMS. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

4. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ThriveNeighbor. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Service (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

5. Waiver of Jury Trial.  YOU AND THRIVENEIGHBOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ThriveNeighbor are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 23(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

6. Waiver of Class or Other Non-Individualized Relief.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the Provincial or Federal Courts located in the Province of Alberta. All other claims shall be arbitrated.

7. 30-Day Right to Opt Out.  You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 1007 N Orange St. 4th Floor, Wilmington, DE 19801, within 30 days after first becoming subject to this Arbitration Agreement and by email to ThriveNeighbor at info@thriveneighbor.com. Your notice must include your name and address, your ThriveNeighbor username (if any), the email address you used to set up your ThriveNeighbor account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

8. Severability.  Except as provided in subsection 23(g), if any part or parts of this Arbitration Agreement (other than the subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief”) are found under the law to be invalid or unenforceable, the parties agree to replace such part or parts with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable part or parts, and this Arbitration Agreement will be enforceable as so modified. If any of the provisions of subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

9. Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with ThriveNeighbor.

10. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if ThriveNeighbor makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing ThriveNeighbor at the following address: 1007 N Orange St. 4th Floor, Wilmington, DE 19801. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

11. Confidentiality.  All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

24. USER DISPUTES.

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and ThriveNeighbor will have no liability or responsibility with respect thereto. ThriveNeighbor reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

25. GENERAL TERMS.

These Terms of Service, together with the ThriveNeighbor Privacy Policy (and related jurisdiction-specific privacy notices), the ThriveNeighbor Payments Terms of Service, and any other documents or guidelines incorporated by reference into these Terms of Service, constitutes the entire agreement between the parties relating to the Website, App, and/or Service and all related activities. These Terms of Service shall not be modified except by a new posting of these Terms of Service issued by ThriveNeighbor. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of ThriveNeighbor to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by ThriveNeighbor must be in writing and shall only apply to the specific instance identified in such writing. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, App, Website, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign the Terms of Service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without ThriveNeighbor’s prior written consent. We may assign these Terms of Service without restriction. In the event that you acquire other businesses after the date of the Terms of Service, the employees and contractors of such businesses may constitute authorized users under the Terms of Service only if such businesses are not ThriveNeighbor’s customers at the time of acquisition (“Non- ThriveNeighbor Acquisitions“). In the event that you acquire other businesses after the date of the Terms of Service that at the time of acquisition are ThriveNeighbor customers (“ThriveNeighbor Acquisitions”), all agreements between ThriveNeighbor and the ThriveNeighbor Acquisitions (“Acquired Entity Agreements”) shall continue in full force and effect in accordance with their terms. Nothing in this Section 25 shall be construed to allow the terms of any Acquired Entity Agreement to be assigned to or applicable to you, your affiliates, or any other business or entity. In other words, the Terms of Service may be assigned ‘downward’ to your current subsidiaries and future Non- ThriveNeighbor Acquisitions, but no agreement with a ThriveNeighbor Acquisition will be altered by virtue of such an acquisition or may be assigned ‘upward’ for the use of you, your affiliates or any other business or entity. You will provide prompt written notice to ThriveNeighbor in the event of any Non- ThriveNeighbor Acquisition or ThriveNeighbor Acquisition. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you by displaying notices or links to notices generally on the Service. ThriveNeighbor will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond ThriveNeighbor’s reasonable control. If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: info@thriveneighbor.com.

ThriveNeighbor Inc.
1007 N Orange St. 4th Floor,

Wilmington, DE 19801

Copy Write Complaints 

Copyright Infringement Procedure 

For complaints relating to copyright works protected by Canadian copyright laws, ThriveNeighbor will process and investigate notices of alleged infringement and will take appropriate actions under the Canadian Copyright Modernization Act (“CCMA”) and other applicable intellectual property laws as outlined in Section (i) below.  

For complaints relating to copyright works protected by US copyright laws, ThriveNeighbor will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement as outlined in Section (ii) below

1. CCMA

ThriveNeighbor follows the CCMA’s notice-and-notice regime when receiving any  notice from a copyright holder or their agent claiming infringement of Canadian protected works. Under this regime, ThriveNeighbor will forward that notice to the user accused of the infringement and will provide the copyright holder with confirmation of the notice’s delivery to that user.

If you are a copyright holder or an agent of a copyright holder and believe that any content displayed or made available through the Services infringes upon your copyright, you may submit a notice by providing our Copyright Agent the following information in writing by email, mail, or fax to ThriveNeighbor’s Copyright Agent at the contact details at the bottom of this page (Subject line: “CCMA Copyright Request”):

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on the Website where the material that you claim is infringing is located;

• your address, telephone number, and email address

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.

2. DMCA

A notification of claimed copyright infringement of US protected works should be emailed, mailed, or faxed to ThriveNeighbor’s Copyright Agent at the contact details at the bottom of this page (Subject line: “DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;

• identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;

• identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;

• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and

• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the district of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, ThriveNeighbor will send a copy of the counter-notice to the original complaining party informing them that ThriveNeighbor may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against ThriveNeighbor or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

In accordance with the DMCA and other applicable law, ThriveNeighbor has adopted a policy of terminating, in appropriate circumstances and at ThriveNeighbor sole discretion, the accounts of users who are deemed to be repeat infringers. ThriveNeighbor may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 

We will respond to any copyright or other intellectual property infringement claims as soon as reasonably practicable. 

Contact details for Copyright Agent

Email: info@thriveneighbor.com

Mail: ThriveNeighbor Inc. Attn: Legal Department, 1007 N Orange St. 4th Floor, Wilmington, DE 19801