User Agreement

1.1 Contract

By creating a Thrivania account or accessing or using our Services (described below), you are agreeing to enter into a legally binding contract with Thrivania (even if you are using third-party credentials or using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not create an account or access or otherwise use any of our Services. If you wish to terminate this Contract at any time, you can do so by closing your account and no longer accessing or using our Services.

As a Visitor or Member of our Services, the collection, use, and sharing of your personal data is subject to our Privacy Policy, our Cookie Policy and other documents referenced in our Privacy Policy, and updates. You acknowledge and have read our Privacy Policy.

Services

This Contract applies to thrivania.com, Thrivania-branded apps, and other Thrivania-related sites, apps, communications, and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as via our ads and the “Apply with Thrivania” plugins.

Thrivania and Other Key Terms

You are entering into this Contract with Thrivania Inc. (also referred to as “we” and “us”).

We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland. If you reside in the Designated Countries, the data controller for your personal data is Thrivania Inc.

Affiliates means companies controlling, controlled by, or under common control with us.

Content includes, for example, feed posts, feedback, comments, profiles, articles, group posts, job postings, messages, challenge submissions, videos, photos, and/or PDFs.

Social Action means actions that members take on our services such as likes, comments, follows, and sharing content.

1.2 Members and Visitors

When you register and join the Thrivania Services, you become a “Member.” If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

1.3 Changes

We may modify this Contract, our Privacy Policy, and our Cookie Policy from time to time. If we materially change these terms or if we are legally required to provide notice, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. However, we may not always provide prior notice of changes to these terms (1) when those changes are legally required to be implemented with immediate effect, or (2) when those changes relate to a newly launched service or feature. We agree that changes cannot be retroactive. If you object to any of these changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2.1 Service Eligibility

The Services are not for use by anyone under the age of 16.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Thrivania account, which must be in your real name; and (3) you are not already restricted by Thrivania from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Thrivania to lawfully provide the Services to you without parental consent (including using your personal data) then the Minimum Age is such older age.

2.2 Your Account

Members are account holders. You agree to: (1) protect against wrongful access to your account (e.g., use a strong password and keep it confidential); (2) not share or transfer your account or any part of it (e.g., sell or transfer the personal data of others by transferring your connections); and (3) follow the law, our list of Dos and Don’ts (below), and our Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use in connection with your work for them (e.g., an employer subscription), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

2.3 Payment

If you buy any of our paid Services, you agree to pay us the applicable fees and taxes and you agree to any additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
• We may store and continue billing your payment method (e.g., credit card), even after it has expired, to avoid interruptions in your paid Services and to use it to pay for other Services you may buy. If your primary payment method fails, we may automatically charge a secondary payment method, if you have provided one. You may update or change your payment method at any time.
• If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
• We may modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
• All of your paid Services are subject to Thrivania's refund policy.
• We may calculate taxes payable by you based on the billing information that you provide us.

2.4 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the Services or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Please review your settings to control and limit the types of messages you receive from us.

2.5 Sharing

Our Services allow sharing of information (including content) in many ways, such as through your profile, posts, articles, challenge submissions, job postings, and messages. Depending on the feature and choices you make, information that you share may be seen by other Members, Visitors, or others (on or off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or other information (e.g., message content to your addressees, sharing content only to connections, restricting your profile visibility from search tools). For job searching activities, we default to not notifying your connections or the public. So, if you apply for a job through our Services or opt to signal that you are interested in a job, our default is to share it only with the job poster.

To the extent that laws allow this, we are not obligated to publish any content or other information on our Services and can remove it with or without notice.

3.1 Your License to Thrivania

As between you and Thrivania, you own your original content that you submit or post to the Services.

You grant Thrivania and our Affiliates the following non-exclusive license to the content and other information you provide (e.g., share, post, upload, and/or otherwise submit) to our Services:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publicly perform and display, host, and process your content and other information without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Services and they copied, re-shared it or stored it, (b) we had already sublicensed others prior to your content removal or closing of your account, or (c) we are required by law to retain or share it with others, and for the reasonable time it takes to remove the content you delete from backup and other systems.
2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, without compensation to you or others, ads may be served near your content and other information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.
3. We will honor the audience choices for shared content (e.g., “Connections only”). For example, if you choose to share your post publicly, we may make it available off Thrivania and may enable others to publicly share onto third-party services, and/or we may enable search tools to make that public content findable through their services.
4. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type, and removing or adding labels or metadata), we will take steps to avoid materially modifying the meaning of your expression in content you share with others.
5. Because you own your original content and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You and Thrivania agree that if content includes personal data, it is subject to our Privacy Policy.

You and Thrivania agree that we may access, store, process, and use any information (including content and/or personal data) that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to Thrivania, you agree that Thrivania can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content and other information that does not violate the law or anyone's rights (including intellectual property rights). You have choices about how much information to provide on your profile but also agree that the profile information you provide will be truthful. Thrivania may be required by law to remove certain content and other information in certain countries.

3.2 Service Availability

We may change, suspend or discontinue any of our Services. We may also limit the availability of features, content and other information so that they are not available to all Visitors or Members (e.g., by country or by subscription access).

We don't promise to store or show (or keep showing) any information (including content) that you've shared. Thrivania is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or other information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

Others' Content: By using the Services, you may encounter content or other information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. You agree that we are not responsible for content or other information made available through or within the Services by others, including Members. While we apply automated tools to review much of the content and other information presented in the Services, we cannot always prevent misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that others may share inaccurate or misleading information about you or your organization.

Others' Products and Services: Thrivania may help connect you to other Members who offer you opportunities (on behalf of themselves, their organizations, or others) such as offers to become a candidate for employment or other work, co-founder partnerships, or offers to purchase products or services. You acknowledge that Thrivania does not perform these offered services, employ those who perform these services, or provide these offered products.

You further acknowledge that Thrivania does not supervise, direct, control, or monitor Members in the making of these offers, and you agree that (1) Thrivania is not responsible for these offers or their performance, (2) Thrivania does not endorse any particular Member's offers, and (3) Thrivania is not an agent or employment agency on behalf of any Member offering employment or other work. With respect to employment or other work, Thrivania does not make employment or hiring decisions on behalf of Members offering opportunities.

Co-Founder Hub: Thrivania may help you find and connect with potential co-founders. You acknowledge that Thrivania does not vet, endorse, or guarantee any co-founder matches, and that entering into any business relationship with another Member is at your own risk and discretion. You are solely responsible for conducting your own due diligence.

3.4 Limits

Thrivania reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Thrivania reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).

We can also remove any content or other information you shared if we believe it violates our Professional Community Policies or Dos and Don’ts or otherwise violates this Contract.

3.5 Intellectual Property Rights

Thrivania reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Thrivania, and other Thrivania trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Thrivania.

3.6 Recommendations and Automated Processing

Recommendations: We use the data and other information that you provide and that we have about Members and content on the Services to make recommendations for connections, content, ads, and features that may be useful to you. We use that data and other information to recommend and to present information to you in an order that may be more relevant for you. For example, that data and information may be used to recommend jobs to you and you to recruiters, suggest co-founder matches, and organize content in your feed in order to optimize your experience and use of the Services. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

Generative AI Features: By using the Services, you may interact with features we offer that automate content generation for you, such as AI-assisted onboarding, profile suggestions, and match explanations. The content that is generated might be inaccurate, incomplete, delayed, misleading or not suitable for your purposes. Please review and edit such content before sharing with others. Like all content you share on our Services, you are responsible for ensuring it complies with our Professional Community Policies, including not sharing misleading information.

The Services may include content automatically generated and shared using tools offered by Thrivania or others off Thrivania. Like all content and other information on our Services, regardless of whether it's labeled as created by “AI,” be sure to carefully review before relying on it.

4.1 No Warranty

THRIVANIA AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT, OUTPUT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THRIVANIA AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

If you plan to use content, output, and information for any reason, it is your responsibility to verify its accuracy and fitness for your purposes, because any content, output, and information on the service may not reflect accurate, complete, or current information.

4.2 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS THRIVANIA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), THRIVANIA AND ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

THRIVANIA AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO THRIVANIA FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.

4.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and Thrivania and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Thrivania or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, OR IN CASES OF NEGLIGENCE, WHERE A MATERIAL OBLIGATION HAS BEEN BREACHED. A MATERIAL OBLIGATION BEING AN OBLIGATION WHICH FORMS A PREREQUISITE TO OUR DELIVERY OF SERVICES AND ON WHICH YOU MAY REASONABLY RELY, BUT ONLY TO THE EXTENT THAT THE DAMAGES WERE DIRECTLY CAUSED BY THE BREACH AND WERE FORESEEABLE UPON CONCLUSION OF THIS CONTRACT AND TO THE EXTENT THAT THEY ARE TYPICAL IN THE CONTEXT OF THIS CONTRACT.