ThriveCart Terms & Policies

Table of Contents

Terms

Services

These ThriveCart Terms of Service (these “Terms”) apply to the features and functions provided by ThriveCart LLC (“ThriveCart,” “our,” or “we”) via thrivecart.com (the “Site”) (collectively, the “Services”). By accessing or using the Site or the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you are not allowed to use the Site or the Services. The “Effective Date” of these Terms is the date you first use the Site, or access any of the Services. “Documentation” refers to the technical user documentation provided with any of our Services. “Third-Party Platform” refers to any software, data sources or other products or services not provided by ThriveCart which are integrated with Services as described in the Documentation.

If you are using the Site or accessing the Services in your capacity as an employee, consultant or agent of a company or other entity, you represent that you are an employee, consultant or agent of that company or entity, and that you have the authority to bind that company or entity to these Terms. For the purpose of these Terms, you (and, if applicable, the company or entity that you represent) will be referred to as “Customer” or “you”.

ThriveCart reserves the right to change or modify these Terms, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email, posting a notice on the Site, or posting the revised Terms on the Site and revising the date at the top of these Terms. Any changes or modifications will be effective after we provide notice that these Terms have been modified. You acknowledge that your continued use of the Site or any of the Services following such notice constitutes your acceptance of the modified Terms.

ThriveCart reserves the right – at any time, and without notice or liability to you – to modify the Site or the Services, or any part of them, temporarily or permanently. We may modify the Services for a variety of reasons, including, without limitation, for the purpose of providing new features, implementing new protocols, maintaining compatibility with emerging standards, or complying with regulatory requirements.

From time to time, ThriveCart personnel may log in to the Service under Customer’s account in order to maintain or improve the Service, including but not limited to providing Customer assistance with technical issues. Customer hereby acknowledges and consents to such access.

If and when the term ‘lifetime’ is referred to in any marketing materials, website or software, the definition of ‘lifetime’ should be understood as the lifetime of the software platform in its current version. In other words, while it can typically be expected that updates to the platform are often free, certain upgrades may require additional purchases to access. We reserve the right to alter the pricing structure for access to the platform at any time.

These Terms form a binding agreement between you and ThriveCart. Violation of any of the Terms below will result in the termination of your account(s).

Affiliate Terms & Conditions

ThriveCart may offer affiliate programs from time to time. ThriveCart reserves the right to suspend or terminate your account and use of any affiliate program(s) without notice if Thrivecart determines in its sole discretion that there is suspicious activity on your account, activity on your account that could be considered fraudulent, or activity that otherwise violates the Terms. By registering for any of our affiliate programs, you agree to be bound by these Terms as well as the following additional terms and conditions:

You are NOT permitted to conduct email promotions in a 3rd-party system – all email contacts MUST be your OWN opt-in email list. You cannot buy solo ads, use safe lists, use spam techniques, or anything similar.
You must NOT run “negative” PPC, iframe, advertising, or SEO campaigns such as “Product name/author name scam” or any other method to attract controversial clickthrough rates that an ordinary person would deem to portray a negative view of the product. This creates a bad image for our company and the individuals featured in the products and you will be terminated from the program instantly.
You should avoid using the raw affiliate link. All affiliates are encouraged to utilize redirect links in emails and website campaigns and not the direct affiliate link. This increases conversions for both of us.
You cannot earn commission on your own purchase. Any ‘self’ purchase commission may be clawed back.
Sites promoting ThriveCart must have their own branding and be clearly identified as an affiliate. You must NOT clone any part of the official ThriveCart site or create a similar layout or offer which may confuse or mislead visitors into thinking it is the official site.
You are not permitted to use any domain names containing the words ThriveCart or any variation on the name which infringes on our brand unless specially agreed with us in advance.
You are not permitted to provide rebate offers of any kind.
Cookie stuffing” or any other similar method of cookie manipulation will result in an immediate ban from our affiliate program and could result in us pursuing legal action to reclaim falsely claimed affiliate commissions and or damages.
You are not permitted to run any paid ad campaigns that conflict with ThriveCart’s own brand advertising, including the purchase of ads for www.thrivecart.com.
Affiliate payments to qualifying affiliates are made automatically through ThriveCart via PayPal. You must have an active PayPal account to receive commissions and always abide by their rules.
We run a legitimate business, which means that we always correctly illustrate and represent our product(s) and their features and benefits to the customer. Please make sure you do the same. Anyone found using misleading claims, inaccurate information, or false testimonials (or anything that does not comply with FTC guidelines) will have their affiliate account revoked immediately.
We do not take responsibility for your improper use of using your affiliate link or ID, or for any loss of sales resulting from such misuse. It is your responsibility to ensure that your affiliate link and information are correct.
We want you to get the credit you deserve, so ensure you are collecting & placing links correctly from your site to our pages on ThriveCart.com. When a customer finds ThriveCart through your affiliate links and completes a purchase, we’ll count that as your referral. Just remember: if you don’t use your unique affiliate links to promote ThriveCart, we won’t be able to track your successful referrals and give you credit. So always make sure to use your affiliate links whenever you’re promoting ThriveCart. We use cookies for tracking which have a 30-day cookie window.

Contacting us
You may contact our support staff by clicking here and going to this submission page or by emailing support@thrivecart.com. We endeavour to respond to all messages within 24 hours, but depending on the nature of your request, it may take longer.

Privacy

Please see ThriveCart’s privacy policy for information about how we collect, use, and disclose information about users of the Site and the Services. By using the Site and the Services, you consent to our collection, use, and disclosure of information as set forth in our privacy policy, as we may update that policy from time to time.

ThriveCart creates and hosts checkout pages on behalf of our customers. When accessing these pages, we are acting as a data processor in accordance with the instructions of our customer. You will need to refer to the privacy policies of our customers to find out more about how such information is handled by them.

Fraud Prevention

Our vendors may optionally choose to use either Google reCAPTCHA or hCaptcha as browser-based bot detection tools to help prevent fraud. See below for details on how they process data.

reCAPTCHA

reCAPTCHA is a free service from Google that helps protect websites from spam and abuse. A “CAPTCHA” is a turing test to tell human and bots apart. It is easy for humans to solve, but hard for “bots” and other malicious software to figure out. reCAPTCHA analysis in the “invisible mode” may take place completely in the background. Website or app visitors are not advised that such an analysis is taking place if the user is not shown a challenge. Data processing is based on Art. 6(1)(f) of the GDPR (DSGVO): the website or mobile app operator has a legitimate interest in protecting its site from abusive automated crawling and spam. Google acts as a “data processor” acting on behalf of its customers as defined under the GDPR, and a “service provider” for the purposes of the California Consumer Privacy Act (CCPA). When this is enabled, please visit the following links for more information about reCAPTCHA and its privacy policy and terms of use:
https://policies.google.com/privacy
and
https://policies.google.com/terms.

hCaptcha

The hCaptcha anti-bot service (hereinafter “hCaptcha”) may be enabled by a vendor using our services. This service is provided by Intuition Machines, Inc., a Delaware US Corporation (“IMI”). hCaptcha is used to check whether the data entered on our website (such as on a login page, contact form or cart page) has been entered by a human or by an automated program. To do this, hCaptcha analyzes the behavior of the website or mobile app visitor based on various characteristics. This analysis starts automatically as soon as the website or mobile app visitor enters a part of the website or app with hCaptcha enabled. For the analysis, hCaptcha evaluates various information (e.g. IP address, how long the visitor has been on the website or app, or mouse movements made by the user). The data collected during the analysis will be forwarded to IMI. hCaptcha analysis in the “invisible mode” may take place completely in the background. Website or app visitors are not advised that such an analysis is taking place if the user is not shown a challenge. Data processing is based on Art. 6(1)(f) of the GDPR (DSGVO): the website or mobile app operator has a legitimate interest in protecting its site from abusive automated crawling and spam. IMI acts as a “data processor” acting on behalf of its customers as defined under the GDPR, and a “service provider” for the purposes of the California Consumer Privacy Act (CCPA). For more information about hCaptcha and IMI’s privacy policy and terms of use, please visit the following links:
https://hcaptcha.com/privacy/
and
https://hcaptcha.com/terms.

Third-party platforms

The Services may support integrations with certain Third-Party Platforms. In order for the Services to communicate with such Third-Party Platforms, You may be required to input or establish credentials in order for the Services to access and receive relevant information from such Third-Party Platforms. By enabling use of the Services with any Third-Party Platform, Customer authorizes ThriveCart to access Customer’s accounts with such Third-Party Platform for the purposes described in this Agreement. Customer is solely responsible for complying with any relevant terms and conditions of the Third-Party Platforms and maintaining appropriate accounts in good standing with the providers of the Third-Party Platforms. Customer acknowledges and agrees that ThriveCart has no responsibility or liability for any Third-Party Platform or any data exported to a Third-Party Platform, and that ThriveCart provides integrations with such Third-Party Platforms solely as a convenience, with no responsibility for the content, availability nor suitability of such Third-Party Platforms. ThriveCart does not guarantee that the Services will maintain integrations with any Third-Party Platform and ThriveCart may disable integrations of the Services with any Third-Party Platform at any time with or without notice to Customer. For clarity, this Agreement governs Customer’s use of and access to the Services, even if accessed through an integration with a Third-Party Platform.

As an integration partner with certain Third-Party Platforms, neither ThriveCart nor any Third-Party Platform is liable for any fault in the Services or any harm that may result from its installation or use. Third-Party Platforms are not responsible for providing any assistance with the installation or use of ThriveCart Services.

Registration

In order to use many aspects of the Services, you must first complete the ThriveCart registration process via the Site. All information provided is incorporated into these Terms by reference.

You agree: (a) to provide accurate, current and complete information about you as part of the registration process (“Registration Data”); (b) to maintain the security of your password(s); (c) to maintain and promptly update your Registration Data, and any other information you provide to ThriveCart, and to keep it accurate, current and complete; (d) to accept all risks of unauthorized access to your Registration Data, and any other information you provide to ThriveCart, via your account(s) or password(s); (e) that you are responsible for maintaining the security of your account and safeguarding your password(s), and (f) that you will be fully responsible for any activities or transactions that take place using your account(s) or password(s), even if you were not aware of them.

Access to services

Subject to your continued compliance with these Terms, ThriveCart grants you a limited, non-transferable, non-exclusive, revocable right and license to: (i) access and use the Services and its associated documentation, solely for your own internal business purposes, for the applicable contract period for which you have paid the applicable fees for such Services; and (ii) access and use any data or reports that we provide or make available to you as part of your access and use of the Services (collectively, “Reports”), solely in conjunction with your use of the Services. Reports are considered part of the applicable Services, for the purpose of the license granted above. You understand that ThriveCart uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Services, and you agree that ThriveCart is not and will not be liable or responsible for the acts or omissions of such third-party vendors or hosting partners.

Additional services

In addition to access to the Site and Services, we may grant or provide access to social communities run by ThriveCart or its associates. Access to such communities is at ThriveCart’s sole discretion, and You understand and agree that we reserve the right to suspend or revoke access for any reason, including but not limited to, disruption, harassment, abuse, spam, or violation of the rules/guidelines of those communities.

Restrictions

Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Site or the Services; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services or any Report (or any components thereof); (c) offer any part of the Services (including, without limitation, any Report) on a timeshare or service bureau basis; (c) allow or permit any third party to access or use the Services; (d) use the Site or the Services to store or transmit any viruses, software routines, or other code designed to permit anyone to access in an unauthorized manner, disable, erase or otherwise harm software, hardware, or data, or to perform any other harmful actions; (e) build a competitive product or service, or copy any features or functions of the Site or the Services (including, without limitation, the look-and-feel of the Site or the Services); (f) interfere with or disrupt the integrity or performance of the Site or the Services; (g) disclose to any third party any performance information or analysis relating to the Site or the Services; (h) remove, alter or obscure any proprietary notices in or on the Site or the Services, including copyright notices; (i) use the Site or the Services or any product thereof for any illegal or unauthorized purpose, or in a manner which violates any laws or regulations in your jurisdiction; (j) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms that make up the Services or any software, documentation, or data relating to the Services, except to the limited extent that applicable law prohibits such a restriction; or (k) cause or permit any third party to do any of the foregoing.

Content

If you publish or upload data, images, code or content, or otherwise make (or allow any third party to make) material available by means of the Site or the Services (collectively, “Content”), you agree that you are entirely responsible for such Content, and for any harm or liability resulting from or arising out of that Content. Your responsibility applies whether or not the Content in question constitutes text, graphics, audio files, video files, computer software, or any other type of content, and whether or not you were the original creator or owner of the Content. You agree that you will be responsible for all Content on your account(s), even if placed there by third parties. By publishing or uploading Content to the Site or the Services, you represent and warrant that:

the Content does not and will not infringe, violate or misappropriate the Intellectual Property Rights of any third party (where “Intellectual Property Rights” are defined as any patents, copyrights, moral rights, trademarks, trade secrets, or any other form of intellectual property rights recognized in any jurisdiction in the world, including applications and registrations for any of the foregoing);
you have obtained all rights and permissions necessary to publish and/or use the Content in the manner in which you have published and/or used it;
ThriveCart’s use of the Content for the purpose of providing the Services (including, without limitation, downloading, copying, processing, or creating aggregations of the Content) does not and will not (i) violate any applicable laws or regulations, or (ii) infringe, violate, or misappropriate the Intellectual Property Rights of any third party;
you have fully complied with any third-party licenses relating to the Content;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive code;
the Content does not and will not include any: (i) “personal health information,” as defined under the Health Insurance Portability and Accountability Act, unless you have entered into a separate agreement with us relating to the processing of such data; (ii) government issued identification numbers, including Social Security numbers, drivers’ license numbers or other state-issued identification numbers; (iii) financial account information, including bank account numbers; (iv) payment card data, including credit card or debit card numbers; or (iv) “sensitive” personal data, as defined under Directive 95/46/EC of the European Parliament (“EU Directive”) and any national laws adopted pursuant to the EU Directive, about residents of Switzerland and any member country of the European Union, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, or the commission or alleged commission any crime or offense;
the Content is not spam, is not randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or for any other unlawful acts (such as phishing), or for misleading recipients as to the source of the material (such as spoofing);
the Content does not contain threats or incitement to violence, and does not violate the privacy or publicity rights of any third party;
the Content is not being advertised via unwanted electronic messages (such as, by way of example, spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods);
the Content is not named in a manner that misleads (or could mislead) third parties into thinking that you are another person or company (by way of example, your Content’s URL or name should not be confusingly similar to the name of another person or entity);
and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Services or otherwise.

By submitting or uploading Content to the Services, you grant ThriveCart a worldwide, royalty-free, and non-exclusive license (i) to use, reproduce, modify, adapt and publish that Content for the purpose of providing the Services to you; and (ii) to create aggregations and summaries of the Content or portions thereof and to use, disclose, and distribute such aggregations publicly to any third party in support of our business (both during the period that these Terms are in effect, and thereafter), provided that such aggregations and summaries do not directly or indirectly identify you or your Content. If you delete Content, ThriveCart will use reasonable efforts to remove it from the Services. You acknowledge, however, that cached copies or other references to the Content may still be available.

Without limiting any of your representations or warranties with respect to the Content, ThriveCart has the right (but not the obligation) to reject or remove any Content, without liability or notice to you, that ThriveCart believes, in ThriveCart’s sole discretion: (i) violates these Terms or any ThriveCart policy, (ii) violates or misappropriates the Intellectual Property Rights of any third party, or (iii) is in any way harmful or objectionable.

Cancellation

All of your Content will be deleted from the Services within a reasonable time period from when you cancel your account/subscription. Deleted Content cannot be recovered once your account/subscription is cancelled. We do not accept any liability for such loss.

Disclaimer

YOU ACKNOWLEDGE THAT THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THRIVECART DOES NOT WARRANT: (I) THAT THE SITE OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) THAT ANY ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED. THRIVECART SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THRIVECART SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THRIVECART. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON ANY FAILURE OR ERROR OF THRIVECART, IRRESPECTIVE OF FAULT.

Indemnification Obligations

You agree, at your sole expense, to defend, indemnify and hold ThriveCart (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to (i) your Content; (ii) your use of the Site or the Services; (iii) your failure to pay any taxes that you owe under these Terms; and (iv) any other actual or alleged breach of any of your obligations under these Terms (including, among other things, any actual or alleged breach of any of your representations or warranties as set forth herein). You will not settle any such claim in any manner that would require ThriveCart to pay money or admit wrongdoing of any kind without our prior written consent, which we may withhold in our sole discretion.

To the fullest extent permitted by applicable law, you release ThriveCart from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users, the acts or omissions of third parties, or the acts or omissions of ThriveCart itself. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Limitation of Liability

IN NO EVENT WILL THRIVECART’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO THRIVECART IN FEES FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

IN NO EVENT WILL THRIVECART BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR YOUR USE (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

YOU VOLUNTARILY ENGAGE IN THE ACTIVITY OF INTERNET USE AND BEAR THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER, YOUR DATA, ANY CONNECTED ACCOUNTS OR INFORMATION THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL THRIVECART HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT, WHETHER THROUGH SECURITY BREACHES, NEGLIGENCE OR OTHERWISE.

THIS SECTION (LIMITATION OF LIABILITY) WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU SHALL ONLY FILE A CLAIM AGAINST THRIVECART IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS, AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY ATTEMPTED RELIEF SOUGHT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS SHALL BE PROHIBITED AND SUBJECT TO DISMISSAL. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, AND THAT THE PRESIDING COURT SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE RELIEF ON ANY BASIS OTHER THAN AN INDIVIDUAL BASIS.

Ownership; Reservation of Rights

As between the parties: (i) you own all right, title and interest in and to your Content; and (ii) ThriveCart owns all right, title and interest in and to the Site and the Services, and all Intellectual Property Rights therein. The look and feel of the Site and the Services, including any custom graphics, button icons, and scripts are also the property of ThriveCart, and you may not copy, imitate, or use them, in whole or in part, without ThriveCart’s prior written consent. ThriveCart reserves all rights not expressly granted to you in these Terms, and ThriveCart does not grant any licenses to you or to any other party under these Terms, whether by implication, estoppel or otherwise, except as expressly set forth herein.

You acknowledge that any suggestions, comments, or other feedback that you provide to ThriveCart with respect to the Site, the Services, or any other ThriveCart product or service (collectively, “Feedback”) will be owned by ThriveCart, including all Intellectual Property Rights therein, and will be and become ThriveCart’ Confidential Information (as defined below). You acknowledge and agree that ThriveCart will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback as ThriveCart sees fit, without obligation or restriction of any kind. At our request and expense, you agree to execute documents or take such further actions as we may reasonably request to help us acquire, perfect, and maintain our rights in the Feedback.

Term, Termination and Effect of Termination

These Terms will apply to you starting on the Effective Date, and will continue for as long as you are accessing or using the Site or the Services.

ThriveCart, in its sole discretion, has the right to suspend your ability to use and/or access the Site or the Services, without liability, under the following circumstances: (i) for scheduled or emergency maintenance to the Site or the Services, or any part thereof; (ii) if ThriveCart believes that you are using the Site or the Services in violation of these Terms or applicable law; (iii) if ThriveCart believes that your use of the Site or the Services poses a security risk to us or to any third party; (iv) if required by law enforcement or government agency, or otherwise in order to comply with applicable law or regulation; or (v) if you fail to fulfill your payment obligations hereunder. ThriveCart also reserves the right to temporarily or permanently suspend your ability to access the Services, without liability, if ThriveCart determines, in its sole discretion, that you are engaging in abusive or excessively frequent use of the Services.

In the event that ThriveCart temporarily or permanently suspends your ability to use and/or access the Site or Services, no refund of any monies paid to us will be due.

Either of us can terminate these Terms upon notice to the other if the other party breaches any of these Terms and fails to cure the breach within fifteen (15) days of receiving written notice of it from the non-breaching party. We reserve the right to terminate these Terms for cause immediately upon notice to you, and without giving you a cure period, if you breach any of these Terms relating to our intellectual property (including your compliance with the access grant and any restrictions) or our Confidential Information (defined below).

We can terminate any ThriveCart account that you have access to, for any reason and without liability, by providing notice to you that we intend to terminate your account within a period of 90 days.

When these Terms terminate or expire: (i) you will no longer have the right to use or access the Site or the Services as of the date of termination/expiration; (ii) if you owed us any fees prior to such termination/expiration, you will pay those fees immediately; and (iii) each of us will promptly return to the other (or, if the other party requests it, destroy) all Confidential Information belonging to the other.

Support

ThriveCart will provide you with email-based support – just write to our support desk at support@thrivecart.com. While we work hard to respond to you and resolve your issues quickly, we do not warrant that we will respond within any particular timeframe, or that we will be able to resolve your issue. While you are welcome to email us with your questions, we also encourage you to review our support center on the Site, which can provide valuable information to help answer your questions, and may be faster than waiting for our staff to respond.

Confidential Information

For the purposes of these Terms, “Confidential Information” means any technical or business information disclosed by one party to the other that: (i) if disclosed in writing, is marked “confidential” or “proprietary” at the time of disclosure; or (ii) if disclosed orally, is identified as confidential or proprietary at the time of such disclosure, and is summarized in a writing sent by the disclosing Party to the receiving Party within thirty (30) days of the disclosure. For the purposes of these Terms you agree that the Feedback, any Reports we provide to you, and any non-public elements of the Site or the Services (including, without limitation, the source code of any ThriveCart-proprietary software), will be deemed to be ThriveCart’s Confidential Information, regardless of whether it is marked as such.

Neither of us will use the other party’s Confidential Information, except as permitted by these Terms. Each of us agrees to maintain in confidence and protect the other party’s Confidential Information using at least the same degree of care as it uses for its own information of a similar nature, but in all events at least a reasonable degree of care. Each of us agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other party’s Confidential Information, including, without limitation, disclosing Confidential Information only to its employees, independent contractors, consultants, and legal and financial advisors (collectively, “Representatives”): (i) with a need to know such information, (ii) who are parties to appropriate agreements sufficient to comply with this Section, and (iii) who are informed of the nondisclosure obligations imposed by this Section. Each party will be responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable them to contest such order or requirement.

The restrictions set forth in this Section will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party who has a right to disclose it; (iii) is approved by the disclosing party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing party; or (iv) the receiving party independently develops without access to or use of the other party’s Confidential Information.

Trademarks

You acknowledge and agree that any ThriveCart names, trademarks, service marks, logos, trade dress, or other branding included on the Site or as part of the Services (collectively, the “Marks”) are owned by ThriveCart and may not be copied, imitated, or used (in whole or in part) without ThriveCart’s prior written consent. All other trademarks, names, or logos referenced on the Site or the Services (collectively, “Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inure to the benefit of their respective owners. The use of such Third-Party Trademarks is intended to denote interoperability, and does not constitute an affiliation by ThriveCart or its licensors with any company or an endorsement or approval by that company of ThriveCart, its licensors, or their respective products or services.

General Provisions

These Terms, together with any policies incorporated into these Terms by reference, are the complete and exclusive understanding of the parties with respect to ThriveCart’s provision of, and your use of and access to, the Site and the Services, and supersede all previous or contemporaneous agreements or communications, whether written or oral, relating to the subject matter of these Terms (including, without limitation, prior versions of these Terms). Any terms or conditions that you send to ThriveCart that are inconsistent with or in addition to these Terms are hereby rejected by ThriveCart, and will be deemed void and of no effect.

These Terms will be governed by and construed in accordance with the laws of the State of Delaware. Any legal action or proceeding arising under, related to or connected with these Terms will be brought exclusively in the federal or state courts located in New Castle, Delaware, and the parties irrevocably consent to the personal jurisdiction and venue of such court(s). The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply to these Terms. If a party initiates any proceeding regarding these Terms, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs.

You agree that ThriveCart has the right to use your name and logo on the Site or other ThriveCart websites or marketing materials, for the purposes of identifying you as a ThriveCart customer and describing your use of the Services. You also agree that ThriveCart may (but is under no obligation to): (i) issue a press release identifying you as a ThriveCart customer; (ii) inform other potential customers that you are a user of the Services; and (iii) identify you as a customer in other forms of publicity (including, without limitation, case studies, blog posts, and the like).

You may not assign these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of ThriveCart, and any attempted transfer, assignment or delegation without such consent will be void and of no effect. ThriveCart may freely transfer, assign or delegate these Terms, or its rights and duties under these Terms, without notice to you. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies will be without prejudice to its other remedies under these Terms or otherwise. The failure by a party to enforce any part of these Terms will not constitute a waiver of future enforcement of that or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the waiving party.

You agree that any notice that ThriveCart is required to provide pursuant to these Terms can be given electronically, which may include an email to the email address you provide to ThriveCart as part of your Registration Data. These notices can be about a wide variety of things, including responding to your questions, requests for additional information, and legal notices. You agree that such electronic notices satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day the email is sent to you, provided that the email is the same as the email address you provided as part of your Registration Data.

You acknowledge that you are responsible for complying with all applicable laws and regulations associated with your access and use of the Site and Services, including, without limitation, all applicable export control laws and regulations.

We do not develop any technical data or computer software pursuant to these Terms. The Site and the Services have been developed solely with private funds, are considered “Commercial Computer Software” and “Commercial Computer Software Documentation” as described in FAR 12.212, FAR 27.405-3, and DFARS 227.7202-3, and access is provided to U.S. Government end users as restricted computer software and limited rights data. Any use, disclosure, modification, distribution, or reproduction of the Site or the Services by the U.S. Government, its end users or contractors is subject to the restrictions set forth in these Terms.

If any portion of these Terms is held to be unenforceable or invalid, that portion will be enforced to the maximum extent possible, and all other provisions will remain in full force and effect.

Except for payments due under these Terms, neither party will be responsible for any delay or failure to perform that is attributable in whole or in part to any cause beyond its reasonable control, including, without limitation, acts of God (fire, storm, floods, earthquakes, etc.); civil disturbances; disruption of telecommunications, power or other essential services; interruption or termination of service by any service providers used by ThriveCart to host the Services or to link its servers to the Internet; labor disturbances; vandalism; cable cut; computer viruses or other similar occurrences; or any malicious or unlawful acts of any third party.

We are each independent contractors with respect to the subject matter of these Terms. Nothing contained in these Terms will be deemed or construed in any manner whatsoever to create a partnership, joint venture, employment, agency, fiduciary, or other similar relationship between us, and neither of us can bind the other contractually.

ThriveCart Refund Policy

A customer can reach out to support@thrivecart.com for a refund within the first 14 days after purchasing ThriveCart. Refunds after 14 days from purchase will not be considered in any circumstance.

The following criteria must be met:

Customer has not initiated any chargebacks through their financial institution or payment processor for their ThriveCart purchase.
Customer adequately filled out all fields on the refund request form.
No previous refund has been issued to the customer.

Please note: If any of the above requirements are not met, a refund request may not be considered.

Contacting us

You may contact our support staff by clicking here and going to this submission page or by emailing support@thrivecart.com. We endeavour to respond to all messages within 24 hours, but depending on the nature of your request, it may take longer.

Privacy Policy

ThriveCart is a platform designed to make it easy for businesses and marketers to create engaging checkout pages and deliver their products and services to you, their customer.

We are committed to protecting your privacy, and this policy explains how we collect and process personal information about you when you visit our website (thrivecart.com), when you use our products and services (our “Services”), or when you otherwise do business or contact us.

Please read this policy carefully to understand how we handle your personal information.

What information do we collect?

We may collect and process the following personal information from you:

Information you provide to us: We collect personal information when you voluntarily provide us with such information in the course of using our website or Services. For example, when you register to use our Services, we will collect your name, email address, password, organization information, and billing details. We also collect personal information from you when you subscribe to our newsletter, or respond to a survey. If you make an enquiry through our website, or contact us in any other way, we will keep a copy of your communications with us.
Information we collect when you do business with us: We may process your personal information when you do business with us – for example, as a customer or prospective customer, or as a vendor, supplier, consultant, or other third party. For example, we may hold your business contact information and financial account information (if any) and other communications you have with us for the purposes of maintaining our business relations with you.
Information we automatically collect: We may also collect certain technical information by automatic means when you visit our website, such as IP address, browser type and operating system, referring URLs, your use of our website, and other clickstream data. We collect this information automatically through the use of various technologies, such as cookies.
Personal information where we act as a data processor: We also process personal information on behalf of our customers in the context of supporting our products and services. Where a customer subscribes to our Services, they will be the ones who control what data is collected and stored on our systems. For example, they may ask us to request from you basic user data (e.g., email address), but may request more detailed information (e.g. your billing address). In such cases, we are data processors acting in accordance with the instructions of our customers. You will need to refer to the privacy policies of our customers to find out more about how such information is handled by them.
What do we use your information for?

The personal information we collect from you may be used in one or more of the following ways:

To deal with enquiries, requests and technical support (your information helps us respond to your individual needs)
To create and administer records about any online account that you register with us
To provide you with information and access to resources that you have requested from us
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you), including to improve the navigation and content of our sites
For website and system administration and security
For general business purposes, including to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs), to help us improve the content and functionality of our Services, to better understand our users, to protect against wrongdoing, to enforce our Terms of Service, and to generally manage our business
To process transactions and to provide Services to our customers and end-users
For recruitment purposes, in the event you apply for a job with us
To administer contests, promotions, surveys, or other content across our site
To send periodic transactional emails. The email address you provide to process your order and purchase a product will only be used to send you information and updates pertaining to your order. Where it is in accordance with your marketing preferences, we will send occasional marketing emails about our products and services, which you can unsubscribe from at any time using the link provided in the message

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential. During and after a transaction, none of your private information (e.g., credit card numbers, social security numbers, financials) are transmitted to nor stored on our servers.

Do we use cookies?

Yes. Please see our cookie policy for more information.

Do we disclose any information to outside parties?

We will only share your information with third parties in certain circumstances:

We engage certain trusted third parties to perform functions and provide services to us, including cloud hosting services, off-site backups, email service providers, and customer support providers. We will only share your personal information with third parties to the extent necessary to perform these functions, in accordance with the purposes set out in this Privacy Policy and applicable laws.
In the event of a corporate sale, merger, reorganization, dissolution, or similar event, your personal information may be sold, disposed of, transferred, or otherwise disclosed as part of that transaction.
We may also disclose information about you to third parties where we believe it necessary or appropriate under law, for example: (1) to protect or defend our rights, interests, or property or that of third parties; (2) to comply with legal process, judicial orders, or subpoenas; (3) to respond to requests from public or government authorities, including for national security and law enforcement purposes; (4) to prevent or investigate possible wrongdoing in connection with the Services or to enforce our Terms of Service; (5) to protect the vital interests of our users, customers, and other third parties.
We may use and share aggregated non-personal information with third parties for marketing, advertising, and analytics purposes.

We do not sell or trade your personal information to third parties.

As noted, the ThriveCart platform creates and hosts checkout pages for our customers. When visiting such pages, we are data processors acting in accordance with the instructions of our customers. You will need to refer to the privacy policies of our customers to find out more about how such information is handled by them.

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. If you access other websites using the links provided, the operators of these websites may collect information from you that will be used by them in accordance with their privacy policies. These third party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

International Transfers

If you are visiting our website or using our Services from outside the United States (U.S.), please be aware that you are sending personal information to the U.S. where our servers are located. The U.S. may not have data protection laws that are as comprehensive or protective as those in your country of residence. However, our collection, storage, and use of your personal information will at all times be in accordance with this Privacy Policy.

Your Rights

You may have the right to access a copy of the personal information we hold about you, or to request the correction, amendment, or deletion of such information where it is inaccurate. To make such a request, please contact us at the contact details at the bottom of this document.

We will consider and respond to your request in accordance with applicable laws.

Furthermore, we commit to giving you an opportunity to opt-out if your personal information is to be disclosed to any other independent third parties, or to be used for a purpose materially different from those that are set out in this Privacy Policy. Where sensitive personal information is involved, we will always obtain your express opt-in consent prior to using such information. If you otherwise wish to limit the use or disclosure of your personal information, please write to us at the contact details at the bottom of this document.

You may also unsubscribe from our marketing communications at any time by following the instructions or unsubscribe mechanism in the email message itself.

Data Retention

We may retain your personal information as long as you continue to use the Services, have an account with us, or for as long as is necessary to fulfil the purposes outlined in the policy. You can ask to close your account by contacting us at the details at the bottom of this document, and we will delete your personal information on request.

We may, however, retain personal information for an additional period as is permitted or required under applicable laws, for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes.

Data Protection Officer

The Data Protection Officer for ThriveCart may be reached via email at dataprotection@thrivecart.com. He will respond to questions or concerns within 30 days.

Changes to our Privacy Policy

If we decide to change or update our privacy policy, we will post those changes to this page, and update the Privacy Policy modification date at the top of this document.

Contacting us

Developer Terms & Conditions

By using the ThriveCart API (the “ThriveCart API” or “API”), you and, if applicable, the company you represent (collectively, “you”) accept and agree to be bound by the following terms and conditions (the “Terms of use” or “Terms”) for developing your application (“app”). It is important that you read these Terms as they form a legal agreement between you and ThriveCart LLC. (“ThriveCart”, “we”, or “us”).

By signaling your agreement to these Terms, you also signal your acceptance and adherence to the following:

ThriveCart terms and conditions
ThriveCart privacy policy
If you disagree with anything in these Terms, do not access or use the ThriveCart API.

ThriveCart reserves the right, with or without notice to you and at any time, to change or update these Terms. The most current version of the Terms will supersede all previous versions and is available at this URL. By using the ThriveCart API after changes are made to the Terms you agree to be bound by those changes. Your only recourse, if you disagree, is to discontinue your use of the API.

Access & limitations

1.1 Use of the ThriveCart API is subject to limitations on volume of requests over a period of time. The rate limit is applied per connected ThriveCart account. Example: if the rate limit is 60 requests per minute and your application has 2 different ThriveCart accounts using it, your app would be able to make 60 requests per minute for each customer account (for a total of 120 requests per minute).
1.2 You shall take care to develop your application in such a way that does not create more calls than are strictly necessary to the ThriveCart API. ThriveCart may ask you to modify how your app works to be more resource friendly to prevent degradation of the ThriveCart service.
1.3 If your application is deemed to be in violation of any part of these Terms or the access limitations, your access may be temporarily or permanently revoked.
1.4 If your application causes or induces ThriveCart accounts to violate the ThriveCart Terms and Conditions in any way, it may be suspended or terminated.
1.5 You shall not use or access the ThriveCart API for the purposes of monitoring availability, performance, or functionality of any of ThriveCart’s products and services or for any other benchmarking or competitive purposes.
Note: It is important that you maintain an up-to-date contact email address and contact number in your ThriveCart account should we need to contact you about your application.

ThriveCart branding

2.1 Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable license during the Term to display our trade names, trademarks, service marks, logos, and domain names to promote or advertise your integration of the ThriveCart API in your application.
2.2 You agree that use of the ThriveCart branding will be consistent at all times with the guidelines for use.
2.3 You agree not to display our branding in any way that is misleading, disparaging, defamatory, infringing, libellous, obscene, or otherwise objectionable to ThriveCart.
2.4 You agree not to use our branding in a way that implies a relationship, affiliation or endorsement by ThriveCart, other than your use of the API.
2.5 You agree not to use our branding to promote another service similar in whole or in part to ThriveCart. This includes, but is not limited to, other providers of cart or ecommerce platforms.
2.6 You agree not to use our branding on a website or other medium that violates any law or regulation.
2.7 You agree that when naming your application, product, or domain name:
You must

Name your app, product or domain something unique.
Include an explanation that your app is built to work with ThriveCart.

You must not

Register a domain containing ThriveCart or misspellings of ThriveCart.
Mislead people to believe that your app is the official ThriveCart app.
Use the ThriveCart name in your app name, product name, or domain name.
Use the trademarks or brand marks of other entities for which you do not have permission.

Data Privacy

3.1 You must not request or store passwords of ThriveCart users in any way. The ThriveCart API provides authentication via OAuth, which uses secure access tokens for communication. This mechanism must not be circumvented.
3.2 You must clearly disclose what you are doing with any information you collect from users and what you intend to do with data from ThriveCart accounts.
3.3 You must not request, cache, or store ThriveCart user data that is not needed for the proper function of your app.
3.4 Your application shall not send out email or any other type of communications to data or contacts derived from the ThriveCart API without explicit user permission. Usage of your app does not imply permission and your application must explicitly ask and receive permission to send any such communication.
3.5 Your application shall not collect the details of, or send email or any other type of communication to, customer data obtained via the ThriveCart API without explicit permission from the connected account owner. At all times, you will be operating as a data subprocessor and within the parameters of that relationship. This includes, but is not limited to, communicating with customers or affiliates listed inside a connected account. Explicit and direct permission from the connected account owner is the only condition under which you may use customer data obtained via ThriveCart.

Restrictions
In addition, you agree not to do any of the following unless explicitly permitted by ThriveCart in writing:

4.1 Use the API for any illegal, unauthorized or otherwise improper purposes, or breach any laws or regulations, or violate any rights of third parties, in your use of the API.
4.2 Sell, share, lease, transfer, sublicense, or fail to protect the confidentiality of the API or content posted by ThriveCart users.
4.3 Copy, reformat, adapt, reverse-engineer, disassemble, translate, decompile or otherwise modify the API.
4.4 Use the API in an application that competes with products or services offered by ThriveCart.

ThriveCart development
You understand and acknowledge that ThriveCart may be independently creating applications, content and other products or services that may be similar to or competitive with your app and its content, and that nothing in these Terms will be construed as restricting or preventing ThriveCart from creating and fully exploiting such applications, content and other items, without any obligation to you. If you elect to provide us with any feedback on the ThriveCart API or ThriveCart platform as a whole, you assign all right, title and interest in and to such feedback to us, and acknowledge that we will be entitled to use, implement and exploit any such feedback in any manner without limitation, and without any obligation of confidentiality, attribution or compensation or other duty.
Termination
Your license to the ThriveCart API under these Terms of use continues until terminated by yourself or ThriveCart. You may terminate by discontinuing use of the ThriveCart API. ThriveCart may terminate the license to the ThriveCart API without liability at any time for any reason, with or without notice. Your right to use the ThriveCart API will terminate immediately if you violate any of the terms and conditions. Upon termination you shall immediately discontinue any and all use of the ThriveCart API.

Cookie Policy

We believe in transparency about how we collect and use data. This policy details how and when we use cookies for these purposes.

Note: Capitalized terms used in this policy but not defined have the meaning set forth in our Terms & Conditions or our Privacy Policy, which also includes additional details about the collection and use of information at ThriveCart.

What is a cookie?
Cookies are small text files sent by us to your computer or mobile device. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire.

To find out more about cookies, visit this site.

Does ThriveCart use cookies?
Yes. ThriveCart uses cookies and similar technologies like single-pixel GIFs and web beacons. We use both session-based and persistent cookies. ThriveCart sets and accesses our own cookies on the domains operated by ThriveCart and its corporate affiliates (collectively, the “Sites”). In addition, in some instances, we use third-party cookies, such as Google Analytics.

How does ThriveCart use cookies?
Some cookies are associated with your account and personal information in order to remember that you are logged in and which accounts you are logged into. Other cookies are not tied to your account but are unique and allow us to carry out analytics and customization, among other similar things.

Cookies can be used to recognize you when you visit a Site or use our Services, remember your preferences, and give you a personalized experience consistent with your settings. Cookies also make your interactions faster and more secure.

Authentication cookies allow us to show you the correct information, personalize your experience and verify your access to your account
Some cookies enable and support security features to help us detect malicious activity on our website
Some cookies allow us to retain your choice of language in certain areas, and may provide features, insights or other customizations.

We may also use cookies to help us deliver marketing campaigns and track their performance (e.g., a user visited our Help Center and then made a purchase). Similarly, our partners may use cookies to provide us with information about your interactions with their services, but use of those third-party cookies would be subject to the service provider’s policies.

Performance, Analytics and Research Cookies help us learn how well our Sites and Services perform. We also use cookies to understand, improve, and research products, features, and services, including to create logs and record when you access our Sites and Services from different devices, such as your work computer or your mobile device.

How are cookies used for advertising purposes?
Cookies and other advertising technology such as beacons, pixels, and tags help us market more effectively to users that we and our partners believe may be interested in ThriveCart. They also help provide us with aggregated auditing, research, and reporting, and know when content has been shown to you.

What can you do if you don’t want cookies to be set?
Some people prefer not to allow cookies, which is why most browsers give you the ability to manage cookies to suit you. In some browsers you can set up rules to manage cookies on a site-by-site basis, giving you more fine-grained control over your privacy. What this means is that you can disallow cookies from all sites except those that you trust.

Browser manufacturers provide help pages relating to cookie management in their products. Please consult the documentation that your browser manufacturer provides for details on this.

You may opt-out of third-party cookies from Google Analytics on their website.

You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (https://youradchoices.com). In addition, on your iPhone, iPad or Android, you can change your device settings to control whether you see online interest-based ads.

If you limit the ability of websites and applications to set cookies, you may worsen your overall user experience and/or lose the ability to access the Services, since it will no longer be personalized to you. It may also stop you from saving customized settings, like login information.

Does ThriveCart respond to Do Not Track Signals?
Our Sites and Services do not collect personal information about your online activities over time and across third-party websites or online services. Therefore, “do not track” signals transmitted from web browsers do not apply to our Sites or Services, and we do not alter any of our data collection and use practices upon receipt of such a signal.

Are other cookies set when using ThriveCart?
Additional cookies may be set on individual checkout pages as created by our users. These are not controlled by ThriveCart and you would have to refer to that particular user’s own privacy policy and/or terms and conditions for more details.

Data Processing Addendum

This Data Processing Addendum (this “DPA”), effective as of the DPA Effective Date (defined below), is entered into by and between ThriveCart LLC (“we”, or “us”) and the customer that electronically accepts or otherwise agrees or opts-in to this DPA (“Customer”, or “you”). You have entered into one or more agreements with us (each, as amended from time to time, an “Agreement”) governing the provision of the ThriveCart checkout platform, described in further detail at thrivecart.com (the “Service”). This DPA will amend the terms of the Agreement to reflect the parties’ rights and responsibilities with respect to the processing and security of Customer’s data under the Agreement.
If you are accepting this DPA in your capacity as an employee, consultant or agent of Customer, you represent that you are an employee, consultant or agent of Customer, and that you have the authority to bind Customer to this DPA.

Definitions
The following definitions apply to this DPA:

“Customer Data” means data you submit to, store on, or send to us via the Service.
“Data Incident” means a breach of ThriveCart’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data on systems that are managed and controlled by ThriveCart. Data Incidents will not include unsuccessful attempts or activities that do not compromise the security of Customer Data, including, without limitation, pings, port scans, denial of service attacks, network attacks on firewall or networked systems, or unsuccessful login attempts.
“DPA Effective Date” means either (i) May 25, 2018, if the date on which you electronically accept or otherwise agree or opt-in to this DPA is prior to that date; or (ii) the date on which you electronically accept or otherwise agree or opt-in to this DPA, if that date is after May 25, 2018.
“EEA” means the European Economic Area.
“European Data Protection Legislation” means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
“Model Contract Clauses” or “MCCs” means the standard data protection clauses for the transfer of personal data to processors established in third countries that do not ensure an adequate level of data protection, as described in Article 46 of the GDPR.
“Non-European Data Protection Legislation” means data protection or privacy legislation other than the European Data Protection Legislation.
“Notification Email Address” means the email address(es) that you designate to receive notifications when you create an account to use the Service. You agree that you are solely responsible for ensuring that your Notification Email Address is current and valid at all times.
“Personal Data” means any personal data (as that term is defined by European Data Protection Legislation) contained within the Customer Data.
“Subprocessor” means a third party that we use to process Customer Data in order to provide parts of the Service and/or related technical support.
“Term” means the period from the DPA Effective Date until the date the Agreement terminates or expires.

The terms “personal data”, “sensitive personal data” “data subject”, “processing”, “controller”, “processor” and “supervisory authority” as used in this DPA have the meanings given in the GDPR, and the terms “data importer” and “data exporter” have the meanings given in the MCCs, in each case irrespective of whether the European Data Protection Legislation or Non-European Data Protection Legislation applies.

Data Processing

Section 1: Roles, Compliance and Authorization
Processor and Controller Responsibilities: If European Data Protection Legislation applies to the processing of Customer’s Personal Data, the parties acknowledge and agree as follows: (i) that the subject matter and details of the processing are described in Appendix 1 hereto; (ii) that ThriveCart is a processor of Customer’s Personal Data under European Data Protection Legislation; (iii) that you are a controller or processor, as applicable, of the Personal Data under European Data Protection Legislation; and (iv) that each of us will comply with our obligations under applicable European Data Protection Legislation with respect to the processing of the Personal Data.

Authorization by Third Party Controller: If European Data Protection Legislation applies to the processing of Personal Data and you are a processor of the Personal Data, you warrant to us that your instructions and actions with respect to that Personal Data, including your appointment of ThriveCart as another processor, have been authorized by the relevant controller.

Responsibilities Under Non-European Legislation: If Non-European Data Protection Legislation applies to either party’s processing of Personal Data, the parties acknowledge and agree that each of us will comply with any applicable obligations under that legislation with respect to the processing of Personal Data.

Section 2: Scope of Processing
Customer Authorization: By entering into this DPA, you hereby authorize and instruct us to process the Personal Data: (i) to provide the Service, and related technical support; (ii) as otherwise permitted or required by your use of the Service and/or your requests for technical support; (iii) as otherwise permitted or required by the Agreement, including this DPA; and (iv) as further documented in any other written instructions that you give us, provided we acknowledge those instructions in writing as constituting processing instructions for the purposes of this DPA. We will not process the Personal Data for any other purpose, unless required to do so by applicable law or regulation.

Authorized Users: By entering into this DPA, if you invite or are invited to join an account as an Authorized User, and you accept the invitation, you are agreeing that certain parts of your information will be shared with the account holder and other members within the account. In particular, the account holder will have access to your name, email address, avatar (if any) and visibility of your products, upsells, downsells and other created content within the Service, and other members may have access to your name, email address and avatar (if any). Any information you create as an Authorized User in an account, including Customer Data or Third-Party Services you link to, will be available to some or all members of that account. You are solely responsible for any information you create in this account, which is posted at your own risk.

Prohibition on Sensitive Data. You will not submit, store, or send any sensitive data or special categories of Personal Data (collectively, “Sensitive Data”) to us for processing, and you will not permit nor authorize any of your employees, agents, contractors, or data subjects to submit, store, or send any Sensitive Data to us for processing. You acknowledge that we do not request or require Sensitive Data as part of providing the Service to you, that we do not wish to receive or store Sensitive Data, and that our obligations in this DPA will not apply with respect to Sensitive Data.

Section 3: Deletion
Deletion During Term: We will enable you to delete Personal Data during the Term in a manner that is consistent with the functionality of the Service. If you use the Service to delete any Personal Data in a manner that would prevent you from recovering the Personal Data at a future time, you agree that this will constitute an instruction to us to delete the Personal Data from our systems in accordance with our standard processes and applicable law. We will comply with this instruction as soon as reasonably practicable, but in all events in accordance with applicable law.

Deletion When Term Expires: When the Term expires, we will either destroy or return to you any Customer Data in our possession or control. This requirement will not apply to the extent that we are required by applicable law to retain some or all of the Customer Data, in which event we will isolate and protect the Customer Data from further processing except to the extent required by law. You acknowledge that you will be responsible for exporting, before the Term expires, any Customer Data you want to retain after the Term expires.

Section 4: Data Security
Security Measures: We will implement and maintain appropriate technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access (collectively, the “Security Measures”). The Security Measures will have regard to the state of the art, the costs of implementation, and nature, scope, context and purposes of the processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. The Security Measures will include, as appropriate: (i) the pseudonymization and/or encryption of Personal Data; (ii) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of data processing systems and services; (iii) the ability to restore the availability and access to Personal Data in a timely manner, in the event of a Data Incident; and (iv) a process for regularly testing, accessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of data processing. We may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Service.

Security Compliance by our Staff: We will take appropriate steps to ensure that our employees, contractors, and Subprocessors comply with the Security Measures to the extent applicable to their scope of performance, including ensuring that all persons authorized to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligations of confidentiality.

Data Incidents: If we become aware of a Data Incident, we will notify you promptly and without undue delay, and will take reasonable steps to minimize harm and secure Customer Data. Any notifications that we send you will be sent to your Notification Email Address and will describe, to the extent possible, the details of the Data Incident, the steps we have taken to mitigate the potential risks, and any suggestions we have for you to minimize the impact of the Data Incident. We will not assess the contents of any Customer Data in order to identify information that may be subject to specific legal requirements. You are solely responsible for complying with any incident notification laws that may apply to you, and to fulfilling any third party notification obligations related to any Data Incident(s). Our notification of or response to a Data Incident under this Section will not constitute an acknowledgement of fault or liability with respect to the Data Incident.

Your Security Responsibilities: You agree that, without prejudice to our obligations: (i) you are solely responsible for your use of the Service, including making appropriate use of the Service to ensure a level of security appropriate to the risk in relation to Customer Data, securing any account authentication credentials, systems, and devices you use to use the Service, and backing up your Customer Data. You understand and agree that we have no obligation to protect Customer Data that you elect to store or transfer outside of our or our Subprocessors’ systems (e.g., offline or on-premise storage). You are solely responsible for evaluating whether the Service and our commitments under this Section meet your needs, including with respect to your compliance with any of your security obligations under European Data Protection Legislation and/or Non-European Data Protection Legislation, as applicable. You acknowledge and agree that – taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of the processing of Personal Data, as well as the risks to individuals – the Security Measures that we implement in this DPA provide a level of security appropriate to the risk in respect to the Customer Data.

Audit Rights: If European Data Protection Legislation applies to the processing of Personal Data, we will allow an internationally-recognized independent auditor that you select to conduct audits to verify our compliance with our obligations in this DPA. You must send any requests for audits under this Section to legal@thrivecart.com. Following our receipt of your request, the parties will discuss and agree in advance on the reasonable start date, scope, duration, and security and confidentiality controls applicable to the audit. You will be responsible for any costs associated with the audit. You agree not to exercise your audit rights more than once in any twelve (12) calendar month period, except (i) if and when required by a competent data protection authority; or (ii) an audit is necessary due to a Data Incident.

Section 5: Data Subject Rights; Data Export
Access; Rectification; Restricted Processing; Portability. During the Term, we will, in a manner consistent with the functionality of the Service, enable you to: (i) access the Customer Data; (ii) rectify inaccurate Customer Data; (iii) restrict the processing of Customer Data; (iv) delete Customer Data; and (v) export Customer Data.

Cooperation; Data Subjects’ Rights: We will provide you, at your expense, with all reasonable and timely assistance to enable you to respond to: (i) requests from data subjects who wish to exercise any of their rights under European Data Protection Legislation; and (ii) any other correspondence, enquiry or complaint received from a data subject, regulator or other third party in connection with the processing of the Customer Data. In the event that any such request, correspondence, enquiry or complaint is made directly to us, we will promptly inform you of it via your Notification Email Address and provide you with as much detail as reasonably possible.

Section 6: Data Transfers
Data Storage and Processing Facilities: You agree that we may, subject to Section 6.2, store and process Customer Data in the United States and any other country in which we or our Subprocessors maintain facilities.

Transfers of Data out of the EEA; Your Responsibilities: If the storage and/or processing of Personal Data as described in Section 6.1 involves transfers of Personal Data out of the EEA and European Data Protection Legislation applies to the transfers of such data (collectively, “Transferred Personal Data”), we will, at our sole discretion, either (i) ensure that we (as the data importer) have entered into MCCs with you (as the data exporter), and that the transfers are made in accordance with the MCCs; or (ii) ensure that the transfers are made in accordance with an Alternative Transfer Solution. With respect to Transferred Personal Data, you agree that if we reasonably require you to enter into MCCs with respect to such transfers as required by European Data Protection Legislation, you will promptly do so; similarly, if we reasonably require you to use an Alternative Transfer Solution and we request that you take any action (including, without limitation, execution of documents) required to give full effect to that solution, you will promptly do so.

Section 7: Subprocessors
Consent to Engagement: You specifically authorize us to engage third parties as Subprocessors. Whenever we engage a Subprocessor, we will enter into a contract with that Subprocessor to help ensure that the Subprocessor only accesses and uses Customer Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement and this DPA.

List of Subprocessors: A list of our current Subprocessors are:

Amazon Web Services – data warehousing and hosting
Bunny – used for caching and performance
Github – used for issue tracking, which may reference customer names
PayPal – payment services
Postmark – transactional emails
SendGrid – internal email routing
Slack – internal team communication
Stripe – payment services
Zendesk – customer support
Zapier – used to synchronize data between other subprocessors

We will update this list from time to time upon written notice to you, as our Subprocessors change.

Objections; Sole Remedy: Within ninety (90) days of our engagement of any Subprocessor (as determined by the date that we update the list of Subprocessors described in Section 7.2, above), you have the right to object to the appointment of that Subprocessor by providing documentary evidence that reasonably shows that the Subprocessor does not or cannot comply with the requirements set forth in this DPA (each, an “Objection”). If we do not remedy or provide a reasonable workaround for your Objection within a reasonable time, you may, as your sole remedy and our sole liability for your Objection, terminate the Agreement for your convenience, and without further liability to either party. We will not owe you a refund of any fees you have paid in the event you decide to terminate the Agreement pursuant to this Section.

Section 8: Additional Information
You acknowledge that we are required under European Data Protection Legislation (i) to collect and maintain records of certain information, including, among other things, the name and contact detail of each processor and/or controller on whose behalf we are acting and, where applicable, of such processor’s or controller’s local representative and data protection officer; and (ii) to make such information available to the supervisory authorities. Accordingly, if European Data Protection Legislation applies to the processing of Personal Data, you will, when requested, provide this additional information to us, and ensure that the information is kept accurate and up-to-date.

Section 9: Data Protection Impact Assessment
If we believe or become aware that our processing of Customer Data is likely to result in a high risk to the data protection rights and freedoms of data subjects, we will promptly inform you of that risk, and provide you with reasonable and timely assistance as you may require in order to conduct a data protection impact assessment and, if necessary, consult with the relevant data protection authority.

Section 10: Miscellaneous
There are no third party beneficiaries to this DPA. Except as expressly provided herein, nothing in this DPA will be deemed to waive or modify any of the provisions of the Agreement, which otherwise remains in full force and effect. Specifically, nothing in this DPA will affect any of the terms of the Agreement relating to ThriveCart’s limitations of liability, which will remain in full force and effect. If you have entered into more than one Agreement with us, this DPA will amend each of the Agreements separately. In the event of a conflict or inconsistency between the terms of this DPA and the terms of the Agreement, the terms of this DPA will control.

Appendix 1 to Data Processing Addendum
Subject Matter: ThriveCart’s provision of the Service to the Customer, and related technical support.

Processing Duration: Throughout the Term of the Agreement.

Nature and Purpose of the Processing: ThriveCart will process Personal Data submitted to, stored on, or sent via the Service for the purpose of providing the Service and related technical support in accordance with this DPA.

Categories of Data: Personal data submitted to, stored on, or sent via the Service may include, without limitation, the following categories of data: IP addresses, browser agents, email addresses, usernames, full names, browser and operating system identifiers, and any other personal data that Customer chooses to send us related during the course of our provision of the Service and technical support.

Data Subjects: Personal data submitted, stored, sent or received via the Service may concern the following categories of data subjects, without limitation: Customer’s employees, contractors, and agents; the personnel of Customer’s customers, suppliers and subcontractors; and any other person who transmits data via the Service.

ThriveCart Beta Program Terms

Last Updated Sept 2024

These beta program Terms of Service (these “Terms”) apply to the features and functions provided by ThriveCart LLC, a Delaware Limited Liability Company (“ThriveCart”) through https://thrivecart.com/ (the “Site”) and govern your use of the Beta Services. By registering for any of our beta programs, you agree to be bound by these Terms. The “Effective Date” of these Terms is the date you first register your account as a beta user. These Terms govern your access to and use of certain software and related services offered by ThriveCart through the Site solely for testing and evaluation purposes (collectively, the “Beta Services”). Capitalized terms used but not defined below, shall have the meaning set forth in the ThriveCart Terms of Service (accessible at [https://thrivecart.com/legal/thrivecart ] (“ToS”). Further description and related details of the Beta Services may be provided to you at the time you access or engage with the Beta Services, or at a later time in ThriveCart’s sole discretion. By accessing or using the Beta Services, you acknowledge that you have fully read and agree to be bound by these Terms. Carefully reading and accepting these terms is an essential prerequisite for access and use of the Beta Services. If you do not agree with these terms, please exit the Site immediately and do not use or access the Beta Services.

Terms of Use. You acknowledge and agree that your access and use of the Beta Services will be subject to the ToS and Privacy Policy (accessible at [https://thrivecart.com/legal/thrivecart] (“Privacy Policy”), both of which are incorporated herein by reference, and the Beta Services are part of the Services (as such term is defined in the ToS) for purposes of the ToS and Privacy Policy. In the event of a conflict between the terms of these Terms and any terms of the ToS, these Terms supersede the ToS with respect to the conditions on which the Beta Services are provided, its warranties and disclaimers, and your access to and use of it. ThriveCart will provide the Beta Services to you or any other person it chooses, subject to its sole and absolute discretion, and free of charge.
Scope of Beta Services
1. Specific Purpose. You acknowledge that the Beta Services are not generally available to the public, that you will only use the Beta Services for the specific purposes ThriveCart states in writing from time to time, and that you will not use the Beta Service to add to an existing online ThriveCart account or to integrate to a system or account not eligible for the Beta Services as authorized by ThriveCart.
2. Acknowledgment of Beta Services Limitations. You acknowledge that: (a) the Beta Services have not been made commercially available by ThriveCart; (b) the Beta Services may not operate properly, be in final form or fully functional; (c) the Beta Services may contain errors, design flaws or other problems; (d) it may not be possible to make the Beta Services fully functional as intended; (e) use of the Beta Services may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss; and (f) ThriveCart has no obligation to release a commercial version of any of the Beta Services or otherwise introduce the Beta Services to a production environment. You assume all risk arising from any use of the Beta Services.
3. Availability Limitations. ThriveCart may limit access to or suspend the Beta Services at any time and for any reason at its sole discretion, either for maintenance, bug fixes, system analysis or data review, or for business reasons, or for no reason at all. You acknowledge that ThriveCart shall have no liability for any interruption, suspension or termination of the Beta Services for any reason.
Obligations under Third-Party Agreements. In using and accessing the Beta Services, you are solely responsible that your use and access complies with any third party agreements to which you are a party and the laws governing any such third party agreements. .
1. License Grant. Subject to your compliance with these Terms, ThriveCart hereby grants to you a limited, nonexclusive, nontransferable, revocable license to access and use the Beta Services solely for the purposes of testing and evaluation, and not for general production or commercial use.
2. Restrictions. You acknowledge that the Beta Services contain trade secrets of ThriveCart and its licensors, and, in order to protect such trade secrets and other interests that ThriveCart and its licensors may have in the Beta Services, you agree not to, or attempt to, either directly or through a third-party: (i) reverse engineer, decompile or disassemble the Beta Services or authorize a third party to do any of the foregoing, (ii) modify the Beta Services, (iii) distribute, sell, sublicense or otherwise transfer or share the Beta Services, or (iv) copy the Beta Services. Unless otherwise stated by ThriveCart in writing you may not share or provide access to the Beta Services to any third-party or the general public.
Feedback.
1. Feedback Definition. Any suggestions, information, ideas, or feedback concerning the Beta Services, including but not limited to, a report of any errors, comments, and suggestions for improvements which you discover while using a ThriveCart solution (broadly understood as any of ThriveCart’s platform, websites, APIs, or any other software proprietary of, or made available by, ThriveCart), the Beta Services or any related documentation is referred to herein as “Feedback”.
2. You agree to (a) test the Beta Services and cooperate with ThriveCart in evaluating the Beta Services, and (b) provide ThriveCart with Feedback as reasonably requested from time to time. Such Feedback will be the sole and exclusive property of ThriveCart.
3. You agree to assign, and hereby assign, all right, title and interest worldwide in the Feedback, and the related intellectual property rights.
4. Further, to the extent the foregoing transfers less than all your rights in any Feedback or in any other intellectual property necessary for ThriveCart to practice any Feedback, you hereby grant ThriveCart a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Ownership of the Beta Services. As between the parties, ThriveCart is the sole and exclusive owner of all rights, title and interest in and to the Beta Services, including all intellectual property rights therein and any derivative works. You will not acquire or attempt to acquire any rights or licenses in the Beta Services or ThriveCart’s Confidential Information, except as expressly provided in Section 7 of these Terms.
Confidentiality.
1. For purposes of these Terms, “Confidential Information” means the Beta Services and any information or materials disclosed by or on behalf of ThriveCart to you that (a) is marked “confidential” or “proprietary” or with a similar designation at the time of such disclosure, or (b) due to its nature or the circumstances of its disclosure, a person exercising reasonable business judgment would understand to be confidential or proprietary, which include all documentation or code related to the Beta Services or any deliverables shared with you. You agree: (i) to maintain all Confidential Information in strict confidence and safeguard it in the same manner that you protect your own confidential information, but not to a lesser degree than a commercially reasonable standard of protection; (ii) not to disclose Confidential Information to any third parties; and (iii) not to use any Confidential Information for any purpose except for the purpose of testing and evaluating the Beta Services in accordance with these Terms and the ToS.
2. The obligations and restrictions in Section 7.1 will not apply to any information or materials that: (a) were, at the date of disclosure, or have subsequently become, generally known or available to the public through no act or failure to act by you; (b) were rightfully known by you prior to the disclosure of such information or materials from ThriveCart; (c) are rightfully acquired by you from a third party who has the right to disclose such information or materials without breach of any obligation of confidentiality or restricted use to ThriveCart; or (d) are independently developed by you without access to any Confidential Information.
3. Upon termination of these Terms, or earlier upon ThriveCart’s request, you will promptly return to ThriveCart, or, at ThriveCart’s option and request, destroy, all tangible items and embodiments containing or consisting of Confidential Information and all copies thereof. All Confidential Information remains the sole and exclusive property of ThriveCart. ThriveCart may request at its own reasonable discretion a written confirmation by you of the destruction of any confidential information that was still in your power.
4. You agree that any breach of these Terms by you may result in irreparable harm to ThriveCart, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, ThriveCart shall be entitled to seek equitable relief, including injunction, in the event of such breach. In the event that you become legally compelled to disclose any such Confidential Information, you will provide ThriveCart with prompt written notice as soon as legally permitted so that ThriveCart may seek a protective order or other appropriate remedy, or both, or waive compliance with the provisions of these terms. In the event that ThriveCart is unable to obtain a protective order or other appropriate remedy, or if it so directs you, you will furnish only that portion of the Confidential Information that you, as advised by written opinion of its counsel, are legally required to furnish and will exercise its reasonable best efforts to obtain reliable assurance that confidential treatment will be accorded such Confidential Information.
Termination. ThriveCart reserves the right to modify or terminate the Beta Services, these Terms, or your use of the Beta Services, or to limit or deny access to the Beta Services, at any time, in its sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Beta Services at any time. Upon any termination, discontinuation or cancellation of the Beta Services, these Terms or your access, the following sections of these Terms will survive: 2, 3, 4.2, 5, 6, 7, 9, 10 and 11.
Warranty Disclaimers. YOU ACKNOWLEDGE THAT THE BETA SERVICES ARE BEING PROVIDED “AS IS.” THRIVECART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THRIVECART MAKES NO WARRANTY THAT ANY OF THE BETA SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE BETA SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES THRIVECART MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BETA SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE BETA SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE BETA SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Limitation on Liability. IN NO EVENT WILL THRIVECART BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE BETA SERVICES OR FOR ANY ERROR OR DEFECT IN THE BETA SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THRIVECART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THRIVECART’S LIABILITY HEREUNDER IS LIMITED TO $50.00.
Miscellaneous. These Terms will be governed by and construed in accordance with the laws of the State of Delaware. Any legal action or proceeding arising under, related to or connected with these Terms will be brought exclusively in the federal or state courts located in Wilmington, Delaware, and the parties irrevocably consent to the personal jurisdiction and venue of such court(s). The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply to these Terms. If a party initiates any proceeding regarding these Terms, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs. These Terms, together with the ToS and Privacy Policy, constitute the entire understanding of agreements between you and ThriveCart with respect to the subject matter hereof. If any provision of the Terms is held invalid, that provision will be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of the Terms will continue in full force and effect. . These Terms may be modified by ThriveCart at any time, and any such modification shall apply immediately from and after the effective date thereof, and your continued use of the Site and the Beta Services will indicate your acceptance of the revised Terms. No term or provision hereof will be considered waived by ThriveCart, and no breach excused, unless the waiver or consent is in writing signed by ThriveCart. No consent by ThriveCart to, or waiver of, a breach, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach. You shall not assign or transfer your access to the Beta Services without ThriveCart’s prior consent, and any attempt by you to assign or transfer the Beta Services or these Terms, without ThriveCart’s consent, will be null and of no effect. ThriveCart may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. The section headings appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such paragraph or in any way affect such section.

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