Introduction
These Terms of Use ("Terms") govern your access to and use of the Thrive Health application ("App") and related services ("Services") provided by Thrive Health Inc. ("Thrive Health," "we," "us," or "our"). By accessing or using the App and Services, you agree to be bound by these Terms and our Privacy Notice. If you do not agree with these Terms or our Privacy Notice, you must not use the App or Services.
Thrive Health reserves the right to modify these Terms at any time. We will notify you of significant changes. Your continued use of the App and Services after such notification constitutes acceptance of the updated Terms.
Summary
These Terms govern your use of Thrive Health's App and Services. By using the App, you agree to these Terms and our Privacy Notice. The App is intended to help you gather, manage, and share your personal health information with authorized healthcare providers. You retain ownership of your personal health information. Thrive Health retains ownership of the App and all related intellectual property.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to use the App only for lawful purposes and in accordance with these Terms.
The App and Services are provided on an "as is" and "as available" basis. Thrive Health disclaims all warranties, express or implied. Thrive Health's liability to you is limited as described in these Terms.
Section 1: Scope
These Terms apply to all users of the Thrive Health App and Services, including individuals who access the App as patients, caregivers, or healthcare providers. The App and Services are intended for use by individuals who are 16 years of age or older. If you are under 16, you may only use the App with the involvement and consent of a parent or legal guardian.
These Terms apply to all versions of the App, including mobile applications available on iOS and Android platforms, web applications accessible via any browser, and any other platform or device through which the App may be accessed.
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in British Columbia for the resolution of any disputes arising from or relating to these Terms or your use of the App and Services.
Section 2: Account
To access certain features of the App and Services, you must create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.
You agree to notify Thrive Health immediately of any unauthorized use of your account or any other breach of security. Thrive Health will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
Thrive Health reserves the right to suspend or terminate your account at any time for any reason, including if we believe you have violated these Terms. You may delete your account at any time by contacting support@thrive.health. Account deletion requests will be processed within 5 business days.
You may not create an account on behalf of another person without their express consent. You may not transfer your account to another person without Thrive Health's prior written consent.
Section 3: Third Party Communication
The App and Services may allow you to communicate with third parties, including healthcare providers, clinics, hospitals, and other organizations. You acknowledge that Thrive Health is not responsible for the content of any communications between you and third parties, and that Thrive Health does not endorse any third party or their services.
When you share your personal health information with a third party through the App, you do so at your own risk. You are responsible for ensuring that any third party with whom you share your information is authorized to receive it and will handle it appropriately.
Thrive Health may use third-party service providers to facilitate communications through the App. These service providers are bound by contractual obligations to maintain the security and confidentiality of your information. However, Thrive Health cannot guarantee the security of information transmitted through third-party services.
You agree not to use the App to send unsolicited communications, spam, or any other form of inappropriate or illegal communication. Thrive Health reserves the right to monitor communications through the App to ensure compliance with these Terms and applicable laws.
Section 4: Permitted Uses
You may use the App and Services only for lawful purposes and in accordance with these Terms. You agree not to use the App or Services:
- In any way that violates applicable federal, provincial, or local laws or regulations.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material.
- To impersonate or attempt to impersonate Thrive Health, a Thrive Health employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which may harm Thrive Health or users of the App.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
- To attack the App via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of the App.
Thrive Health reserves the right to take appropriate legal action, including referral to law enforcement authorities, for any illegal or unauthorized use of the App.
Section 5: Consent to Use of Data
By using the App and Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Notice. You acknowledge that Thrive Health may use de-identified or aggregated data derived from your use of the App for product improvement, statistical analysis, and research purposes.
You have the right to withdraw your consent to the collection, use, and disclosure of your personal information at any time by deleting your account or contacting us at support@thrive.health. Withdrawal of consent may affect your ability to use certain features of the App and Services.
You may separately consent to participate in research studies or to receive product updates and communications. You may withdraw these consents at any time without deleting your account by contacting us at support@thrive.health.
Section 6: Rights to Data
You retain ownership of all personal health information and other personal data that you enter into the App. Thrive Health does not claim ownership of your personal data. However, by using the App, you grant Thrive Health a limited, non-exclusive, royalty-free license to use, store, and process your personal data solely for the purpose of providing the App and Services to you.
Thrive Health retains ownership of all data generated by the App and Services, including aggregated and de-identified data derived from your use of the App, usage metrics, and other operational data. This data does not identify you personally and may be used by Thrive Health for any lawful purpose.
You have the right to access, correct, and delete your personal data at any time. You may exercise these rights by accessing your account settings or by contacting us at privacy@thrive.health. Requests to access or delete personal data will be processed within a reasonable time.
You may export your personal health information from the App at any time in a portable format. Thrive Health will provide tools within the App to facilitate the export of your personal data.
Section 7: Updates
Thrive Health may update the App and Services from time to time to add new features, fix bugs, improve performance, or comply with applicable laws and regulations. Updates may be applied automatically without notice, or you may be required to manually update the App.
Thrive Health reserves the right to modify, suspend, or discontinue the App or Services, or any part thereof, at any time with or without notice. Thrive Health will not be liable to you or any third party for any modification, suspension, or discontinuance of the App or Services.
You acknowledge that updates to the App may change or remove features that you currently use. Thrive Health will endeavor to notify you of significant changes to the App or Services in advance, but is not obligated to do so.
Section 8: Links
The App and Services may contain links to third-party websites, applications, or services. These links are provided for your convenience and information only. Thrive Health does not endorse, control, or assume responsibility for the content, privacy practices, or availability of any third-party websites or services.
Your use of third-party websites or services is at your own risk and subject to the terms and conditions and privacy policies of those third parties. Thrive Health encourages you to review the terms and privacy policies of any third-party websites or services that you visit.
Thrive Health is not responsible for any loss or damage that may arise from your use of third-party websites or services accessed through links in the App.
Section 9: Termination
Thrive Health may terminate or suspend your access to the App and Services at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App and Services will immediately cease.
You may terminate your account and stop using the App at any time. To delete your account, please contact support@thrive.health. Account deletion requests will be processed within 5 business days. Upon account deletion, your personal data will be deleted in accordance with our Privacy Notice and applicable laws.
Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Section 10: Intellectual Property Rights
The App and Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Thrive Health, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as permitted by these Terms.
The Thrive Health name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Thrive Health or its affiliates or licensors. You must not use such marks without the prior written permission of Thrive Health.
If you provide any feedback, suggestions, or ideas to Thrive Health regarding the App or Services, you grant Thrive Health a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such feedback for any purpose without compensation to you.
Section 11: Limitation of Warranty
The App and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Thrive Health disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
THRIVE HEALTH DOES NOT WARRANT THAT THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THRIVE HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION ARISING FROM YOUR USE OF THE APP AND SERVICES.
The App and Services are not intended to be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Section 12: Limitation of Liability
To the fullest extent permitted by applicable law, Thrive Health, its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
IN NO EVENT WILL THRIVE HEALTH'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP AND SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THRIVE HEALTH FOR THE APP OR SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The limitation of liability set out above does not apply to liability resulting from Thrive Health's gross negligence or willful misconduct.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Section 13: Changes
Thrive Health reserves the right to revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the App thereafter. However, any changes to the dispute resolution provisions set out in Section 14 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App.
Your continued use of the App and Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
If we make material changes to these Terms, we will notify you by email or by posting a notice on the App prior to the effective date of the changes.
Section 14: General
These Terms, together with our Privacy Notice, constitute the entire agreement between you and Thrive Health with respect to your use of the App and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the App and Services.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
No waiver by Thrive Health of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Thrive Health to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign your rights or obligations under these Terms without the prior written consent of Thrive Health. Thrive Health may assign its rights and obligations under these Terms without restriction.
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the courts of British Columbia, and you hereby irrevocably submit to the jurisdiction of such courts.
Questions and Complaints
If you have any questions about these Terms, please contact us:
privacy@thrive.health
250 - 25th Street, West Vancouver, British Columbia, V7V 4J1
If you have a complaint about our privacy practices, you may contact the Information and Privacy Commissioner of British Columbia, the Information and Privacy Commissioner of Ontario, or the equivalent commissioner in your province or territory.
Last updated: June 26, 2020
