The Mevii team values the trust you place in Mevii on your journey. A solid foundation of understanding the terms of what we offer in Mevii, and what is expected of Mevii’s users, helps sustain that trust as you use the App.
The App is a self-help application. We encourage you to consult your health care provider before using this or any other self-help application to determine if it is right for your needs. The App and the services are not intended to be used for treating or diagnosing any medical condition.
If you are in need of medical treatment or emergency care, OR experiencing severe mental or emotional distress or have worsening of those symptoms, seek care immediately by contacting your healthcare provider or by going to the emergency department of a nearby qualified healthcare facility. In the event of an emergency in the United States , call 911 right away to reach your nearest first responder. The services do not provide medical treatment, medical advice or psychological therapy services, and Thrive 4-7 is not a healthcare provider. Additional mental health resources are listed on the Resources page in the menu page of the App.
We reserve the right to change these Terms at any time by posting the changes on our Sites and/or within the App. Your continued use of Services following such modifications will be conclusively deemed acceptance of any changes to these Terms.
Copyrights and Trademarks
You acknowledge that Thrive 4-7 and its licensors solely own all rights in and to the Services, and the associated content, software, scripts, graphics, photos, video, sound, source code, algorithms, data structures, methods, screen formats, and concepts, including all related patent, copyright, trade secret, trademark, and other intellectual property rights. You will not remove any copyright or other proprietary notices from the Services or any copies thereof. Thrive 4-7 reserves all rights not expressly granted hereunder. The license granted herein does not constitute a sale of any intellectual property associated with the Services. You agree not to challenge Thrive 4-7’s ownership or rights in and to the Services and related materials, including without limitation, all copyrights and other proprietary rights. You acknowledge and agree that any violation of the terms of this Section would irreparably harm Thrive 4-7 and that Thrive 4-7 may enforce the terms of this Section through injunctive relief, without limitation to any other rights and remedies available to it.
The license granted under this Agreement covers any future releases and updates of the Services that you may acquire, unless any such release is subject to a separate license agreement. Your rights to the previously-installed release terminate once an update has been installed.
You agree to access the Services and associated data only through the interface that is provided by us for use in accessing the Services. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, offline readers, and screen scraping tools, to access, monitor, download or copy any part of the Services, including without limitation any content associated with the Services, unless we have provided prior written consent.
All rights in the product names, company names, trade names, logos, service marks, and trade dress, whether or not appearing in large print or with the trademark symbol (collectively the “Trademarks”), displayed in connection with the Services belong exclusively to Thrive 4-7 or their respective owners and you are prohibited from imitation, dilution, or confusing or misleading uses. The use or misuse of the Trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under the Trademarks or any other intellectual property of Thrive 4-7 or any third party.
Permission is granted to paid subscribers and authorized users designated by an enterprise customer of Thrive 4-7, but not to the user of any free trial, to display, copy, and download the materials on the Sites for personal, noncommercial use only; provided you do not share, distribute or modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, share, distribute, copy, reproduce, display, republish, download, or transmit any material on the Sites for use by any person other than the paid subscriber or for any commercial use without prior written approval of Thrive 4-7. Use of images of people and places displayed on the Sites for commercial or non-commercial purposes is strictly prohibited.
Right to Use
Thrive 4-7 grants you a non-exclusive, non-transferable, limited license to use the App in executable form for your personal, non-commercial use only on any mobile device or tablet that you own or control (and, if you own or control an Apple iPhone, iPad or iPod) as permitted by the Usage Rules of the App Store Terms and Conditions (the “Usage Rules”)). This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may use the App only for your personal, non-commercial benefit, and not to assist or aid any other person.
Thrive 4-7 grants you a non-exclusive, non-transferable, limited license to access and display the Sites solely on your computer or other personal device for your personal, non-commercial use of the Sites. You may print a copy of online materials and contents from the Sites for your own personal, non-commercial use. Except for such permitted access, display and use, you may not copy, reproduce, republish, transmit, distribute, use or create derivative works of the Sites without Thrive 4-7’s express prior written consent. This grant of permission is conditioned on your not modifying the content displayed on the Sites and your keeping intact all copyright, trademark, and other proprietary notices.
You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy (except as expressly permitted by this license and if applicable the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of our rights and the rights of our licensors. If you breach this restriction, you may be subject to prosecution and damages.
You agree to use the Services in compliance with all applicable laws, rules, regulations and standards, including but not limited to laws, rules, regulations and standards relating to the privacy of individually identifiable information.
Software, functionality and other materials that are made available for downloading, access, or use on or from the Services may, in addition, have their own license terms, conditions, and notices, and you agree to be governed by such terms, conditions, and notices. Your use of the Services is conditioned upon your acceptance and compliance with these Terms and any other applicable terms, conditions, and notices.
In addition to the disclaimers at the beginning of these Terms, the following disclaimers apply to use of the App and the Services.
The articles, videos, self-help tips and other support resources and tools found within the Services are for general informational purposes and not intended to provide a diagnosis or take the place of consultation or advice from a health care professional.
Developments in medical research may impact the information in the Services. No assurance can be given that the information contained in the Services will always include the most recent findings or developments with respect to the particular material.
All self-assessments in the Services are only guides to assist you in understanding your well-being and are not a substitute for a detailed assessment typically provided by a mental health professional. For an accurate diagnosis of a mental health problem, you should be seen by a qualified mental health professional. The self-assessments on the Services are not appropriate for, and should not be completed by, persons under the age of 18. Persons under the age of 18 are not permitted to use the Services, and are advised to talk with their parents or guardians about seeing a physician or qualified mental health professional for a complete evaluation.
The Services and all related content are provided as is, and your use of the services is at your own risk. Thrive 4-7 and its officers, directors, employees, affiliates and agents make no representation or warranty relating to the services, the sites, the App, and information and content or any other content accessible directly or indirectly from the services. Thrive 4-7 disclaims to the maximum extent permitted by law any and all such representations and warranties. Without limiting the foregoing, Thrive 4-7 disclaims all warranties: (a) of merchantability and fitness for a particular purpose, (b) against infringement of any third party intellectual rights, (c) related to the transmission or delivery of the services or its content, (d) relating to the accuracy, reliability, timeliness, correctness, or completeness of the services, and (e) otherwise relating to the performance of the services.
Thrive 4-7 does not warrant that the functioning of the Services will be uninterrupted or that the Services and any associated information will meet your requirements. No oral or written information or advice given by Thrive 4-7 or any of its employees, representatives, agents or distributors will create a warranty.
Confidentiality and Privacy
To use the Services, you will need to register and provide basic information to us, such as your email address, zip code, and your choice for password. You represent that the information that you provide about yourself as requested in the account registration process is complete and accurate. You agree to share your account information including your current email address, so that you may receive notifications and other account-related communications.
You are responsible for keeping your password confidential, keeping private all personal information, including any of your personal medical information, you deem private and for promptly notifying us if your password has been hacked or stolen. You may not register for an account on behalf of an individual other than yourself, and you may not register on behalf of any entity.
Prohibited Uses Generally
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services.
You further agree not to:
• delete or revise any material or other information included by us on the Services, except where expressly allowed by the Services;
• access any information about other users, including e-mail addresses;
• take any action that unreasonably or disproportionately utilizes the Services’ infrastructure or interferes with the proper working of the Services;
• solicit other users to join outside sites or online sites or organizations;
• engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services;
• violate or attempt to violate the security of the Services;
• knowingly include or use any false or inaccurate information in any profile;
• upload, post, email or otherwise transmit any advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
• upload, post, email or otherwise transmit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
• upload, post, email or otherwise transmit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); or
• encourage or instruct any other person or entity to do any of the foregoing.
Communication Services; User Contributions
The Services may include e-mail services or other communication facilities designed to enable you to communicate with Thrive 4-7 (each a “Communication Service”). You agree to use the Communication Services only to send and receive messages and materials (each a “User Contribution”) that are proper and comply with these Terms.
You agree not to provide any User Contribution that is illegal, misleading, defamatory, indecent or obscene, inappropriate, threatening, abusive, degrading, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable. You agree not to supply any User Contribution that includes any virus, worm or other harmful code or software. You will not create a false identity, impersonate any person, or misrepresent your affiliation with any other person or entity including Thrive 4-7. You agree not to forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any User Contribution.
Thrive 4-7 has the right, but not any obligation, to monitor and/or review all User Contributions. Thrive 4-7 also reserves the right at all times to disclose any information as Thrive 4-7 deems necessary to satisfy any applicable law, regulation, legal process or governmental request or refuse to post or to remove any information or materials for any reason.
You agree to be careful about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information about others in your submissions to our Communication Services. In using the Communication Services, you agree to respect other persons’ privacy rights.
The App and certain Services may be available for a fee, which are described on the App and/or the Sites and may be changed from time to time. All fees paid are nonrefundable except to the extent may be required by third party sales channel.
If there are recurring fees associated with your account, your account and fees will automatically renew monthly (or other time period described in the Services) and continue until your account is terminated, suspended or deactivated. You consent to and accept responsibility for all recurring charges, without further authorization from you and without further notice except as required by law. You acknowledge that the amount of the recurring fee may change upon notice to you.
Unless otherwise stated, all fees are in U.S. dollars. You are responsible for paying all taxes associated with the Services and any transactions entered in connection with the Services. If your payment method fails or your account is past due, we may terminate or suspend your use of the Services.
You should consider that standard email is not a secure means of communication. There is some risk that any PHI contained in email may be disclosed to, or intercepted, printed, or stored by, unauthorized third parties. Thrive 4-7 cannot ensure the security or confidentiality of messages sent by email. From time to time, we may send you service-related emails, such as a welcome email when you register with our App.
Limitation of Liability
Thrive 4-7’s liability for breach of these Terms or any other cause of action arising under these Terms is limited to your right to terminate use of the Services. In no event will Thrive 4-7, its affiliates, officers, employees, or any party involved in creating, producing, or delivering the Services be liable for any damages of any kind, including without limitation any direct, incidental, consequential, indirect, special, or punitive damages, for any personal injury or death, or damages resulting from lost data (including, without limitation, in the case of all of the above-described damages, damages to any phones, tablets, hardware or software and damages related to viruses that may infect your phones, tablets, hardware or software) arising out of or in connection with your use of the Services. Without limiting the foregoing, you agree that in no event shall Thrive 4-7 be liable to you in an amount exceeding the prior three (3) months of fees paid by you (if any) in connection with the Services. In the event that you have a dispute with another user of the Services, you release Thrive 4-7 from any claims, demands, and damages of any kind arising from such dispute. We do not guarantee or warrant that access to the Services will not result in, or that files available for download from the Services will be free of, infection from viruses, worms, Trojan horses or other destructive code or code that could result in adverse consequences to your phones, tablets, hardware or software.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Thrive 4-7 has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Thrive 4-7’s liability in such jurisdictions shall be limited to the extent permitted by law.
THRIVE 4-7 ASSUMES NO LIABILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE SERVICES.
You agree to defend, indemnify, and hold harmless Thrive 4-7, its officers, directors, employees, affiliates, agents and its third party partners and suppliers (including, without limitation third parties who contribute to the Services) from any loss, damage, expense, or cost (including, without limitation, reasonable attorney’s fees) resulting from or relating to:
(a) your access to or use of the Services;
(b) your violation of any of the provisions of these Terms;
(c) any activity related to your account by you or any other person accessing the Services through your account, including, without limitation, negligent or wrongful conduct; or
(d) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
Thrive 4-7 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Choice of Law and Jurisdiction
We operate and control the Services from our location in the State of North Carolina, United States of America. We make no representation that any information, materials or functions included on or through our Services are appropriate for use outside of the United States. If you choose to access our Services from locations other than the United States, you do so on your own initiative and are responsible for compliance with applicable laws and regulations.
These Terms and the relationship between you and us are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (USA) do not apply to this Agreement. You and Thrive 4-7 each irrevocably agrees that the exclusive venue for any action or proceeding arising out of or relating to these terms of service or our relationship with you, regardless of theory, shall be the state and federal courts located in Durham County, North Carolina. You and Thrive 4-7 each irrevocably consent to the personal jurisdiction of these courts and waive any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you agree that Thrive 4-7 may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction.
The Services are not intended or licensed for use by children under age 18. We will not knowingly collect personally identifiable information in connection with the Services from children under 18. If you are under 18 years old, please do not use the Services.
We may modify and enhance our Services from time to time without notice to you. The Services may be temporarily unavailable from time to time for maintenance and other reasons. Thrive 4-7 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, or alteration of user communications.
We may discontinue offering the Services and we may suspend or terminate your right to use the Services at any time, for any or no reason. We may also suspend or terminate your right to use the Services in the event we determine in our sole discretion that you have breached these Terms. After such termination, we will have no further obligation to provide the Services to you.
Your violation of these Terms or unauthorized use or access of our intellectual property and/or systems may also result in your civil liability (including, without limitation, monetary damages) and/or your criminal liability.
Any suspension, termination, or cancellation will not affect provisions in these Terms which by their nature are intended to survive such suspension, termination, or cancellation, including without limitation the Sections entitled “Copyrights and Trademarks”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Choice of Law and Jurisdiction”, and “Additional Terms”.
Apple iOS Terms
The terms in this Section apply only if you are using the App on an Apple iOS device (iPhone, iPod, or iPad).
This Agreement is between you and Thrive 4-7 only, and not with Apple. In the event that this Agreement provides usage rules that are less restrictive than the Usage Rules set forth for Apps in, or otherwise are in conflict with, the Apple App Store Terms and Conditions (which you acknowledge you have had an opportunity to review), then the App Store Terms and Conditions shall take precedence.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Thrive 4-7’s sole responsibility.
You and Thrive 4-7 acknowledge that: (a) Thrive 4-7, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and (b) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Thrive 4-7, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted to Thrive 4-7 relating to modifying or improving the Services (“Feedback”), whether solicited or unsolicited, are non-confidential and shall become our sole property. Thrive 4-7 shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow intellectual property rights to be transferred as described above, you hereby grant to Thrive 4-7 a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback.
You may not use or otherwise export or re-export the App or any software associated with the Services except as authorized by United States law and the laws of the jurisdiction in which the App or such software was obtained. In particular, but without limitation, the App and such software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Thrive 4-7 respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Thrive 4-7 will respond expeditiously to claims of copyright infringement committed using the App that are reported to our Designated Copyright Agent identified below. If you are a copyright owner or an agent thereof and believe that your copyright has been infringed you may submit a DMCA notification by filing a notice with our Designated Agent. To file a copyright infringement notification with us, please send a written communication that includes the following:
• Identification of the copyrighted work that you believe has been infringed.
• Identification of the material that you claim is infringing or which you claim is the subject of infringing activity.
• Sufficient information to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as name, address, telephone number and email address.
• The following statement: “I have a good faith belief that use of the copyrighted materials in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
• The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Your physical or electronic signature.
Such written notice should be sent to us by Email: connect@Thrive47.com or letter to the following designated copyright agent:
Thrive 4-7, LLC
3000 Perimeter Park Dr.
Morrisville, NC 27560
Attention: Chief Executive Officer
Please contact us at the contact information below if you have any questions concerning our Terms. Note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
Thrive 4-7, LLC
3000 Perimeter Park Dr.
Morrisville, NC 27560
Attention: Chief Executive Officer
Last Revised: July 2016