These terms of service (“Agreement”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Thrivory (the “Company”) concerning your access to and use of ThrivIO (the “Application”) and/or any of the services (the “Services”) offered by Thrivory on and through our Application, including use of any of the Application’s content, features, functionality, source code,information, and data (“Content”).
Please read this Agreement carefully. Your use of the Application and any of the Services constitutes your agreement to comply with the terms of this Agreement. If you cannot agree to or comply with this Agreement and its requirements, you are expressly prohibited from use of the Application and the Services and must exit the Application and discontinue use immediately.
At any time, the Company may update the terms of this agreement and your continued access constitutes your agreement to comply with the most current terms of service. Company will update the “last updated” date below to notify you of any changes and you waive the right to be directly and specifically notified about these changes.
The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You may view and use the Application in accordance with this Agreement only and agree to use the Application only for lawful purposes. Your failure to do so may subject you to liability determined by applicable law.
You may not copy, modify, publish, distribute, sell, license, rent, host, disclose, make derivative works of, or transfer any information contained within the Application to any third party. In order to use the Application, you must provide the Company with certain information including information about your identity, business finances, and business performance. You will also be required to create a unique username and password to protect the information within your account which you are required to keep secure. We may request or collect third party information on your business’s financial performance which can include banking information, account activity, payment history, business credit checks and reports, and tax filings. Company reserves the right to pull a background check for the owners of your practice.
Company will grant you a revocable, non-transferable, limited access to use the Application and its Content which will solely be used for your non-commercial purposes and in accordance with the terms of this agreement.
By using the Application you warrant that all the information you provide to Company is accurate and complete, that you will update information as necessary to ensure it is accurate and current, you have the legal capacity to comply with the terms, you are not a minor, you will not access the Application through any type of automation or AI/ML means, and that your use of the Application will not violate any applicable law or regulation and will be used for legal purposes only. You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company.
As a user of the Application, you agree not to:
If you provide us with any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to the Application and refuse any and all current our future use of the Application (or any portion thereof). Thrivory and its partners are not responsible for user, registered company, nor registered non-for-profit organization representations including but not limited to organization profiles, communications, and multi-media shared by said user entities.
The Application is provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind. In accordance under applicable law, Company expressly disclaims all warranties (express, implied, statutorily or otherwise) with respect to the Application and Content including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Company provides no warranty or undertaking and makes no representation of any kind that the Application and its Content will meet your requirements, achieve any intended results, be compatible with or work with other software/systems/services, operate without interruption, meet any performance or reliability standards or be error free.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The nature of the services provided by the Company may require the use and disclosure of Protected Health Information (“PHI). You and the Company agree to comply with the provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as amended from time to time including Sections 13400 through 13424 of the Health Information Technology for Economic Clinical Health Act (“HITECH Act”) and the corresponding Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”, Security Standards for the Protection of Electronic Protected Health Information (“Security Rule”), and the Notification in the Case of Breach of Unsecured Protected Health Information (“Breach Notification Rule”).
The Application, its source code, design, features, and functionality (including but not limited to logos, patents, copyrights, trademarks, tradesecrets (“Marks”)) are and will remain the exclusive property and under ownership of the Company. No part of the Application, no Content, and no Marks may be copied, republished, aggregated, posted, displayed, translated, distributed, sold, licensed or otherwise exploited for any commercial purpose unless approval from the Company has been obtained prior and in writing. The Application is protected by copyright, trademark, and other laws and may not be used in connection with any product or service without written consent of the Company. You are prohibited from attempting to decipher, decompile, disassemble, or reverse engineer any of the software making up the Application as well as attempting to bypass any measure of the Application designed to protect access. In addition, you may not delete the copyright or proprietary rights notices from any of Company Content. You may not copy or adapt the Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code nor may you upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application. It is prohibited to upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Except as may be the result of standard search engine or Internet browser usage, you may not use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. You may not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application, use the Application in a manner inconsistent with any applicable laws or regulations.
Provided that you are eligible to use the Application, you are granted a limited license to access and use the application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you and to the Application, the Content and Marks.
Under no circumstances or event will Company or its directors, employees, agents, advisors, be liable to you or any third-party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages from your use of the Application, any data or information produced or otherwise generated thereby, its Content, or from the actions you take from the data or information provided from the Application or its Content. You acknowledge that any results produced by the Application are based and derived on data and information provided by you. Therefore, you acknowledge and agree that your use of the Application and any results produced by the Application including the data or information contained therein is at your sole risk. Company does not make any representations or warranties of any kind or nature with regard to the Application or any data or information produced by the Application.
By accepting this Agreement, you agree to hold harmless and indemnify the Company and its affiliates, directors, partners, employees, and representatives from any and all claims, actions, liabilities, damages, and costs resulting from your unauthorized use of the Application or your breach of the Agreement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. You are responsible for maintaining and protecting all of the information provided, transmitted, uploaded, imported or otherwise made accessible to Company for the purposes of using the Application. Company is not liable for any loss, corruption of information, or any costs or expenses that may result from failure to backup/restore any of such information. The outputs provided to you are derived from the analysis of historical and current trends. You are solely responsible for any actions taken from the Application’s output.
Keeping data private and secure is important to us. In addition to reviewing this Agreement, you should review our Privacy and Security Policy (“Privacy and Security Policy”), which is incorporated by reference into this Agreement, to better understand how we collect and use personal information. Your use of the Application and the Services constitutes your agreement to its terms and conditions.
In order to eliminate and avoid any potential dispute or misunderstanding related to our Application, Service, Content, or strategies and their similarity to ideas you share with Company, neither we nor our employees accept or consider unsolicited ideas including those related to product or technology improvements or enhancements, marketing strategy, or product references and naming. Should you choose to submit any feedback, suggestions, ideas related to our Application and Content, you agree that your ideas become our property, without any compensation to you. We can commercialize the ideas and use them for any purpose and we can give these ideas to external parties. You also represent and warrant that such ideas are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above.
Visiting our webApplication or Application, sending us emails, and completing forms online constitute electronic communications. You consent to receive electronic communications and agree that all communications we provide to you electronically satisfy legal requirements of such communication to be in writing. You agree to the use of electronic signatures, contracts, delivery of notices, orders, and other records of transactions complete by Company and Application and waive any rights or requirements under any regulation to provide such communication other than electronic means.
Company, at its discretion, may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the Application will cease immediately.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These terms of service and your use of the Application shall be governed by the laws of the state of Arizona.
If you have a concern or dispute about the Application, its Content, or Services provided, you agree to first attempt to negotiate with the Company informally for 30 days before initiating arbitration. Informal negotiations begin upon receipt of written notice to either party.
If you and Company are not able to resolve a dispute through the informal negotiation process, the dispute(s) will be finally and exclusively resolved through binding arbitration. Arbitration is initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and their Supplementary Procedures for Consumer Related Disputes. Fees and arbitrator compensation are also governed, and possibly limited by the AAA and its Consumer Rules. Arbitration may be conducted in a number of ways including in-person, through the submission of supporting documents, by phone, or virtually. A decision, made by the arbitrator, will be documented in writing according to applicable law, and any award(s) may be challenged. Unless otherwise agreed to and specified in writing, arbitration will take place in Scottsdale, Arizona. You and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Should a dispute proceed in court rather than arbitration, the dispute shall be initiated or prosecuted in the state and federal courts of Arizona and you hereby consent to and waive all defenses of lack of personal jurisdiction with respect to venue. Application of the UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Service.
Any dispute brought by you or Company related to the Application can not be initiated more than 12 months after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
To the extent allowable under applicable law, no arbitration shall be joined with other proceeding(s), there is no authority for any dispute to be arbitrated on a class action basis with class action procedures, and there is no right for authority for any dispute to be brought in a representative capacity on behalf of the general public or any other people or persons.
In the event that Company asserts a claim against you, it shall do so in writing prior to and as a condition of the commencement of any litigation by Company, setting forth the specific amount of Company’s claim against you (the “Damage Claim”). If any dispute resolution process results in a judgment or award against the Company of less than the Damage Claim, the court is requested to find that you are the prevailing party for the purposes of this section.
Disputes not subject to the above provisions surrounding information negotiations and binding arbitration include any disputes related to the intellectual property rights of you or Company, arising from allegations of theft, invasion of privacy or unauthorized use of the Application, and those related to injunctive relief.
Company is a healthcare financial technology company offering an alternative payment solution and not a bank, lender, or traditional factoring company. All Application materials, functionality, features are subject to change or removal without notice. Thrivory may deploy Application enhancements, improvements, updates, upgrades, or other modifications. You agree that the Company has no obligation to continue providing or enabling any particular functionality of the Application to you and any and all changes made to the application are subject to the terms and conditions of this Agreement.
If you have any questions about these Terms of Service, You can contact us: