Terms of Service

1. Acceptance of Terms

By accessing, registering, or using the Thriveo Platform, you acknowledge that you have read, understood, and agreed to these Terms of Service (“Terms”), along with our Privacy Policy. These Terms govern your access to and use of the Thriveo website, mobile application, and related services (collectively referred to as the “Platform”). If you do not agree with these Terms, you may not access or use the Platform. Thriveo reserves the right to amend these Terms at any time, and your continued use of the Platform after updates constitutes acceptance of the revised Terms.

You must be at least 13 years old to use the Platform. If you are under the age of 18, you may only use the Platform with the consent, supervision, and active involvement of a parent or legal guardian. Parents or guardians who permit a minor to use the Platform are responsible for monitoring and ensuring compliance with these Terms. Thriveo reserves the right to terminate accounts found in violation of this age requirement.

If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and in such case, the terms “you” and “your” will refer to that organization.

By using the Platform, you consent to receive transactional communications, including but not limited to account notifications, updates, and security alerts. If you do not agree to these Terms, please discontinue your use of the Platform immediately.

2. Description of Services

Thriveo is a platform designed to connect college student-athletes (“Mentors”) with aspiring young athletes (“Mentees”) for mentorship, guidance, and skill development. The Platform facilitates meaningful interactions, allowing Mentors to share their experiences, provide advice, and offer personalized feedback to help Mentees improve their skills, mindset, and approach to their sport.

Mentors provide mentorship sessions, training insights, and value-added services directly through the Platform. These services may include, but are not limited to, one-on-one video sessions, personalized training plans, motivational advice, and access to exclusive content.

For Mentees under the age of 18, a parent or legal guardian must oversee and manage their account. Parents or guardians are responsible for ensuring that all interactions on the Platform remain appropriate and compliant with these Terms.

Thriveo acts solely as a facilitator of these mentorship connections. While we provide the technical infrastructure for interactions to occur, Thriveo does not directly manage or control the content of mentorship sessions, nor does it guarantee any specific outcomes, success, or improvement as a result of using the services provided on the Platform.

The services offered by Thriveo may evolve over time, and we reserve the right to modify, enhance, or discontinue certain features or functionalities at our sole discretion without prior notice. Your continued use of the Platform following such changes constitutes your acceptance of these modifications.

3. Account Registration and Security

To access and use Thriveo’s services, you must create an account through Google or Twitter (X) authentication. By registering, you agree to provide accurate, current, and complete information as requested during the registration process. You are responsible for maintaining and updating this information to ensure its accuracy and completeness. Thriveo reserves the right to suspend or terminate accounts that contain false, outdated, or incomplete information.

You are solely responsible for safeguarding your account credentials, including your password and authentication details. You must not share your login credentials with others or allow unauthorized access to your account. If you believe your account has been compromised or used without your permission, you agree to notify Thriveo immediately at [email protected].

You are responsible for all activities that occur under your account, whether or not authorized by you. Thriveo will not be held liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials or from unauthorized access to your account.

Thriveo reserves the right to disable or restrict access to your account if it detects any suspicious, fraudulent, or unauthorized activity. Additionally, Thriveo may suspend or terminate your account if it is found to be in violation of these Terms.

By registering an account, you consent to receive essential transactional communications from Thriveo, including account-related notifications, security alerts, and updates about your activity on the Platform. These communications are necessary for service delivery and cannot be opted out of.

4. User Conduct

By accessing and using the Thriveo Platform, you agree to conduct yourself responsibly, respectfully, and in accordance with these Terms. You are solely responsible for your behavior, content, and interactions while using the Platform, whether as a Mentor, Mentee, or Parent/Guardian managing an account.

You agree that you will:

•Use the Platform solely for its intended purpose of mentorship, guidance, and positive interaction.

•Communicate respectfully with other users and Thriveo staff.

•Provide accurate and truthful information during interactions and transactions.

•Follow all applicable laws, regulations, and guidelines related to your use of the Platform.

•Immediately report any inappropriate behavior, suspicious activity, or violations of these Terms to [email protected].

You agree that you will not:

•Share, upload, or distribute content that is illegal, abusive, harmful, threatening, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

•Share content that infringes upon the rights of others, including intellectual property, privacy, or publicity rights.

•Attempt to circumvent, disable, or otherwise interfere with the security features of the Platform.

•Impersonate another person or misrepresent your identity, affiliation, or credentials.

•Collect, store, or share other users’ personal information without their explicit consent.

•Use the Platform for unauthorized commercial purposes, such as advertising or promoting unrelated services.

•Engage in activities that could harm, disrupt, or interfere with the functionality of the Platform, including uploading malware, spamming, or engaging in denial-of-service attacks.

Thriveo reserves the right to investigate suspected violations of these Terms and take appropriate action, including but not limited to suspending or terminating your account, removing or blocking offending content, or reporting misconduct to relevant legal authorities.

You acknowledge that while Thriveo sets standards for user behavior, we do not actively monitor every interaction on the Platform. Therefore, Thriveo cannot guarantee that all users will adhere to these Terms. However, Thriveo retains the right, but not the obligation, to review and monitor activity and content on the Platform to ensure compliance.

Violation of this section may result in immediate suspension or termination of your account, and Thriveo reserves the right to pursue legal remedies where appropriate.

5. Payment Terms

Payments for mentorship services, subscriptions, or any other paid features on the Thriveo Platform are processed securely through our integrated payment providers. By using the Platform, you agree to pay all fees associated with the services you select and authorize Thriveo or its payment processor to charge your provided payment method.

Pricing and Fees: All pricing will be clearly displayed before purchase. Thriveo may charge a service fee, processing fee, or commission on transactions, which will also be disclosed during the checkout process. Prices are subject to change at Thriveo’s discretion, but any changes will be communicated before they take effect.

Payment Authorization: By providing your payment information, you represent and warrant that you are authorized to use the payment method provided and that all payment information is accurate and complete.

Refund Policy: Payments are generally non-refundable. Thriveo reviews refund requests on a case-by-case basis and reserves the right to approve or deny refunds at its sole discretion. Refunds, if approved, may take up to 10 business days to process.

Failed Payments: If a payment fails or is declined, Thriveo may suspend or terminate your access to certain services until the outstanding balance is settled. You are responsible for any fees, including legal and collection costs, incurred by Thriveo in recovering payments owed.

Taxes: You are responsible for any taxes, duties, or similar charges associated with your transactions on the Platform. Thriveo may calculate and include applicable taxes in your total payment where required by law.

Disputed Charges: If you believe there is an error with a charge, you must notify Thriveo within 30 days of the charge date by contacting [email protected]. Thriveo will investigate and, if necessary, correct the error.

By using Thriveo’s payment services, you agree to comply with the terms of our payment processor and authorize Thriveo to charge your payment method for services rendered. Thriveo reserves the right to modify these payment terms at any time, with prior notice where feasible.

5. Payment Terms

6. User Content

You may have the opportunity to upload, share, or otherwise provide content on the Thriveo Platform, including but not limited to text, images, videos, profile information, mentorship session recordings, feedback, and other materials (“User Content”). By sharing User Content, you agree to the following terms:

You represent and warrant that you own, or have the necessary rights and permissions to share, any User Content you provide. You further represent that your User Content does not infringe on any third-party rights, including intellectual property rights, privacy rights, or publicity rights.

By submitting User Content to the Platform, you grant Thriveo a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, store, modify, publicly display, reproduce, and distribute your User Content in connection with operating, improving, and promoting the Platform. This license allows Thriveo to feature your User Content on its website, marketing materials, and other media channels for promotional purposes.

You acknowledge and agree that your User Content may be visible to other users of the Platform and, in certain cases, the general public. Thriveo is not responsible for any misuse of your User Content by other users or third parties.

You agree not to upload or share any User Content that:

•Violates any applicable laws, regulations, or third-party rights.

•Contains harmful, offensive, or inappropriate material, including nudity, hate speech, or abusive content.

•Misrepresents your identity or impersonates others.

•Includes personal information of third parties without their consent.

Thriveo reserves the right, but not the obligation, to review, monitor, and remove User Content that, in its sole discretion, violates these Terms or is otherwise deemed inappropriate. Thriveo also reserves the right to suspend or terminate your account for repeated or severe violations of this section.

You acknowledge that Thriveo is not responsible for backing up or archiving User Content. You are encouraged to maintain copies of any important content you upload or share on the Platform.

If you believe any User Content on the Platform infringes your rights or violates these Terms, please contact us at [email protected] with detailed information about your concern.

By submitting User Content to Thriveo, you waive any claims against Thriveo arising from the use, display, or distribution of such content in accordance with these Terms.

7. Communication Policy

By registering on and using the Thriveo Platform, you consent to receive communications from Thriveo in both transactional and marketing capacities. These communications are necessary for the effective operation of the Platform and to keep you informed about important updates, notifications, and opportunities.

Transactional Communications: Thriveo will send you essential transactional emails and notifications related to your account and activity on the Platform. These may include, but are not limited to, account creation confirmations, password reset instructions, appointment reminders, payment confirmations, and system-related alerts. Transactional communications are mandatory for maintaining your account and cannot be opted out of.

Marketing Communications: Thriveo may also send you marketing emails, newsletters, promotional offers, platform updates, and invitations to participate in special events or opportunities. You can opt out of marketing communications at any time by clicking the “Unsubscribe” link included in our marketing emails or by contacting [email protected]. Opting out of marketing communications will not affect your ability to receive essential transactional communications.

Communication Preferences: You may have the ability to manage your communication preferences in your account settings, where available. Thriveo may still contact you regarding your account status, service changes, or policy updates even if you have opted out of marketing communications.

Accuracy of Contact Information: You agree to keep your email address and other contact information up to date to ensure you receive all necessary communications from Thriveo. Thriveo is not responsible for communications that fail to reach you due to outdated or inaccurate contact information.

Data Usage for Communications: All communications from Thriveo will be conducted in compliance with our Privacy Policy. Your information will not be shared with third-party marketers without your explicit consent.

If you have any questions or need assistance managing your communication preferences, please contact us at [email protected].

8. Intellectual Property Rights

All content available on the Thriveo Platform, including but not limited to logos, trademarks, text, graphics, images, videos, audio files, software, code, user interface design, and all other intellectual property (“Thriveo Content”) is the exclusive property of Thriveo or its licensors. All rights, title, and interest in and to the Thriveo Content are reserved, and you may not use, copy, modify, distribute, transmit, display, sell, license, or otherwise exploit any Thriveo Content without prior written consent from Thriveo.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its content solely for personal, non-commercial purposes in accordance with these Terms. This license does not include any resale or commercial use of the Platform or its contents, any collection and use of user data, any derivative use of the Platform, or any downloading or copying of information for the benefit of another party.

User-Generated Content: If you submit or upload content to the Platform, you retain ownership of your content. However, by submitting or uploading such content, you grant Thriveo a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, display, reproduce, modify, adapt, publish, and distribute your content in connection with the Platform’s operations, marketing, or promotional activities.

You acknowledge and agree that Thriveo has the right, but not the obligation, to monitor and review content uploaded or shared by users. Thriveo reserves the right to remove or disable access to content that violates these Terms, infringes intellectual property rights, or is otherwise deemed inappropriate at our sole discretion.

Trademarks and Branding: The names, logos, and trademarks associated with Thriveo are the exclusive property of Thriveo. Unauthorized use of these trademarks, including imitation or dilution, is strictly prohibited. You may not use Thriveo’s trademarks in connection with any product or service that is not Thriveo’s, in any manner that is likely to cause confusion, or in any way that disparages or discredits Thriveo.

If you believe that any content on the Platform infringes upon your intellectual property rights, please contact us at [email protected] with detailed information, including proof of ownership and a description of the alleged infringement.

Unauthorized use or exploitation of Thriveo’s intellectual property or violation of this section may result in immediate termination of your account and may subject you to legal action, including claims for damages and injunctive relief.

9. Disclaimers and Limitation of Liability

The Thriveo Platform is provided “as is” and “as available” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation. Thriveo does not guarantee that the Platform will always be secure, available, or free from errors, viruses, or other harmful components. You agree that your use of the Platform is at your own risk.

Thriveo makes no representations or warranties regarding the accuracy, completeness, or reliability of any content or materials provided on the Platform, including user-generated content or advice provided by Mentors. Thriveo does not verify or endorse the qualifications, credentials, or accuracy of information shared by Mentors or other users.

To the fullest extent permitted by applicable law, Thriveo, its affiliates, officers, employees, directors, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, goodwill, data, or other intangible losses, arising from or related to:

•Your access to or use of, or inability to access or use, the Platform.

•Unauthorized access to or use of your account or data.

•Any content or interactions facilitated by the Platform.

•Errors, omissions, or inaccuracies in content provided by users or third parties.

•Any technical disruptions, bugs, or platform downtime.

Thriveo’s total cumulative liability to you for all claims arising out of or relating to your use of the Platform or these Terms shall not exceed the total fees paid by you to Thriveo in the twelve (12) months preceding the event giving rise to the claim. If you have not made any payments to Thriveo, your sole and exclusive remedy is to discontinue your use of the Platform.

You understand and agree that Thriveo acts solely as a facilitator of connections between Mentors and Mentees and does not directly oversee or monitor interactions, communications, or transactions between users. Thriveo is not responsible for the behavior, actions, or omissions of users on the Platform, including but not limited to Mentors, Mentees, or Parents/Guardians.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Thriveo’s liability is limited to the greatest extent permitted by law.

You acknowledge that Thriveo does not guarantee any specific outcomes, improvements, or results from the use of the Platform, mentorship sessions, or other services provided through the Platform. By using the Platform, you accept full responsibility for your actions, decisions, and reliance on any advice or content received.

If you are dissatisfied with the Platform or these Terms, your sole and exclusive remedy is to discontinue your use of Thriveo.

10. Indemnification

You agree to indemnify, defend, and hold harmless Thriveo, its affiliates, directors, officers, employees, agents, licensors, service providers, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

1.Your use or misuse of the Thriveo Platform.

2.Your violation of these Terms of Service or any applicable laws, regulations, or third-party rights.

3.Your User Content, including any claims that content you uploaded infringes on any third-party intellectual property, privacy, or publicity rights.

4.Your interactions or transactions with other users, including Mentors, Mentees, or Parents/Guardians.

5.Any breach of representations or warranties made by you under these Terms.

Thriveo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you agree to cooperate fully with Thriveo in asserting any available defenses.

You may not settle any claim without Thriveo’s prior written consent if the settlement imposes any obligation on Thriveo, admits fault on Thriveo’s behalf, or otherwise affects Thriveo’s rights.

This indemnification obligation will survive termination or expiration of your account and these Terms of Service.

If you become aware of any claim or potential claim covered by this section, you must immediately notify Thriveo in writing at [email protected] and provide all relevant details, including the nature of the claim and the parties involved.

This section is intended to ensure that Thriveo is protected from legal and financial liability arising from your actions, omissions, or use of the Platform.

11. Termination

Thriveo reserves the right to suspend, disable, or terminate your access to and use of the Platform, with or without notice, at our sole discretion, if we determine that you have violated these Terms of Service, applicable laws, or any policies communicated by Thriveo. Additionally, we may terminate or suspend your account if your behavior is deemed harmful, disruptive, or poses a risk to the Platform, its users, or Thriveo’s reputation.

You may terminate your account at any time by contacting us at [email protected] and following the provided instructions for account deactivation. Upon termination, your right to access and use the Platform will immediately cease, and Thriveo may delete or deactivate your account and all associated data and content.

Thriveo shall not be liable to you or any third party for any termination or suspension of your access to the Platform, including for the loss of access to any User Content, data, or other materials associated with your account.

If your account is terminated, you will remain responsible for any outstanding obligations or fees incurred prior to termination. Thriveo reserves the right to pursue any available legal remedies in the event of your violation of these Terms.

Certain provisions of these Terms will survive termination, including but not limited to Intellectual Property Rights, Indemnification, Disclaimers and Limitation of Liability, and Governing Law.

Thriveo may, at its sole discretion, provide a grace period to allow you to download or retrieve specific data or User Content from your account prior to permanent deletion, but this is not guaranteed.

You understand and agree that termination is a final action, and Thriveo is under no obligation to reverse account termination or reactivation unless explicitly stated in writing by an authorized Thriveo representative.

12. Governing Law

These Terms of Service, along with any disputes or claims arising out of or related to them, the Thriveo Platform, or your use of the Platform, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles or rules that might require the application of the laws of another jurisdiction.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Platform shall be brought exclusively in the state or federal courts located in California. You consent to the personal jurisdiction and venue of such courts and waive any objection to jurisdiction or venue in such courts on the grounds of forum non conveniens or any other basis.

If you are accessing the Platform from a location outside the United States, you are responsible for complying with all applicable local laws. You agree that you will not use the Platform in any jurisdiction where it is prohibited by law.

In the event any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

You acknowledge that any breach of these Terms may cause irreparable harm to Thriveo for which monetary damages would not be sufficient. Therefore, Thriveo may seek injunctive or other equitable relief in addition to any other remedies available at law or in equity without the requirement of posting a bond.

This section shall survive termination of your account and your use of the Platform. If you have any questions about the applicability of governing law or jurisdiction, please contact us at [email protected].

13. Dispute Resolution and Waiver

In the event of a dispute, claim, or controversy arising out of or relating to these Terms, the Thriveo Platform, or your use of the services provided by Thriveo (“Dispute”), both you and Thriveo agree to first attempt to resolve the Dispute informally by contacting each other in good faith. You may initiate this process by sending a written notice detailing the nature of the Dispute to [email protected]. Thriveo will respond in good faith, and both parties will make reasonable efforts to resolve the issue within thirty (30) days of the initial notice.

If the Dispute cannot be resolved informally, both you and Thriveo agree to resolve any remaining Disputes through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. Arbitration shall take place in California, and the arbitration proceedings will be conducted in English.

You acknowledge and agree that any arbitration will be conducted on an individual basis only and not as a class, collective, or representative action. You expressly waive any right to file or participate in a class action lawsuit or to have your case heard by a jury. The arbitrator shall have the authority to award damages or other relief permitted by these Terms but may not award relief that benefits anyone other than you individually.

The arbitrator’s decision shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction. Each party shall bear its own costs and expenses related to the arbitration, except that Thriveo will pay your filing fees if you demonstrate that arbitration costs would be prohibitively expensive relative to pursuing the claim in court.

Exceptions to Arbitration: You and Thriveo agree that either party may bring an action in a small claims court located in California for claims within the court’s jurisdictional limits. Additionally, either party may seek injunctive relief or other equitable remedies in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

If any part of this Dispute Resolution and Waiver section is deemed invalid or unenforceable, the remainder of this section will remain in effect. This section shall survive termination of your account and your use of the Platform.

By agreeing to these Terms, you acknowledge that you have read, understood, and voluntarily agreed to the provisions of this Dispute Resolution and Waiver section. If you do not agree to these terms, please discontinue your use of the Thriveo Platform.

14. Changes to Terms of Service

Thriveo reserves the right to update, modify, or amend these Terms of Service at any time and at our sole discretion. Any changes to these Terms will become effective upon being posted on the Thriveo website or mobile application, along with the updated “Last Updated” date at the top of the document.

In the event of material changes to these Terms, Thriveo will make reasonable efforts to notify you, either through prominent platform notifications, email communications, or other appropriate methods. However, it remains your responsibility to periodically review these Terms to stay informed of any updates.

Your continued use of the Platform after any changes to these Terms signifies your acceptance of the updated Terms. If you do not agree to the revised Terms, you must immediately stop using the Platform and may request to deactivate your account by contacting us at [email protected].

No changes, edits, or modifications to these Terms by you will be valid unless expressly agreed to in writing by an authorized representative of Thriveo.

If any provision of the updated Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Thriveo reserves the right to modify or discontinue any aspect of the Platform, including services, features, pricing, or access requirements, at any time without liability to you.

We encourage you to review these Terms regularly to ensure you understand your rights and responsibilities when using the Thriveo Platform. If you have any questions about updates to these Terms, please contact us at [email protected].

15. Acknowledgment of Risk

By using the Thriveo Platform, you acknowledge and accept that the Platform serves as a facilitator of connections and interactions between Mentors and Mentees. Thriveo does not directly oversee, monitor, or control the behavior, actions, or content shared between users during mentorship sessions or other interactions facilitated through the Platform.

You understand and agree that Thriveo cannot guarantee the quality, accuracy, reliability, or outcomes of any mentorship sessions, training advice, or other interactions facilitated through the Platform. Any reliance on advice, recommendations, or guidance provided by Mentors or other users is at your own risk.

While Thriveo implements reasonable security measures and guidelines to ensure safe interactions, no platform is entirely risk-free, and you acknowledge that there are inherent risks associated with online interactions, including but not limited to:

•Miscommunication or misunderstanding between Mentors and Mentees.

•Exposure to inappropriate or unprofessional behavior by other users.

•Unauthorized access to your personal information due to security breaches or user negligence.

•Financial transactions or payments processed through third-party platforms.

Parents and guardians managing accounts for Mentees under the age of 18 bear full responsibility for supervising and monitoring their child’s activity on the Platform. Thriveo strongly encourages parents and guardians to actively participate in and review all interactions facilitated through the Platform.

You agree to exercise caution, discretion, and sound judgment when interacting with other users, sharing personal information, or relying on mentorship advice provided through the Platform. Thriveo expressly disclaims any responsibility for disputes, damages, or negative outcomes arising from your use of the Platform or reliance on user-generated content.

By accessing and using Thriveo, you voluntarily assume all risks associated with online mentorship interactions and waive any claims against Thriveo, its affiliates, officers, employees, and agents arising from such risks.

If you encounter any inappropriate behavior, suspicious activity, or breaches of these Terms, please report them immediately to [email protected] so that we may take appropriate action.

This acknowledgment of risk section is intended to clarify the limitations of Thriveo’s responsibilities and your obligations as a user of the Platform. If you are not comfortable accepting these risks, you should immediately discontinue your use of the Thriveo Platform.

16. Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Service, the Thriveo Platform, or your experience using our services, please feel free to reach out to us. We are here to assist you and address any issues you may encounter.

Email: [email protected]

Mailing Address: Thriveo, 382 Main Street, East Aurora, NY 14052

For privacy-related concerns or data requests, please contact our dedicated privacy team at [email protected].

If you’re experiencing technical difficulties or require assistance with your account, you can also contact our support team through the Help Center on our website.

We strive to respond to all inquiries in a timely manner, but please allow up to 48 hours for a response during regular business days.

Your feedback and satisfaction are important to us, and we are committed to providing a safe, reliable, and valuable experience on the Thriveo Platform.