Terms of Service

Agreement to Terms

By accessing or using ThrivingFam ("the Service", "the App", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

1. Description of Service

ThrivingFam is a health management platform designed to help families with neurodiverse children track health data, access AI-powered insights, and manage care coordination.

Core Features

• Daily health logging (medications, sleep, food, activities, reflections)
• AI-powered behavioral analysis
• AI Coach (Sage) for personalized guidance
• Research article recommendations
• Report generation for teachers and healthcare providers
• Collaborator access for family members and caregivers
• Care team management

• The Service is for information and organizational purposes only
• AI insights are educational and should NOT replace professional medical advice
• Always consult qualified healthcare professionals for medical decisions
• Do NOT use the Service for medical emergencies - call 911 or your local emergency number

2. Eligibility

You must be at least 18 years old to create an account and use ThrivingFam.

• By creating an account, you represent that you are 18 or older
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities under your account
• You may create log user profiles for minors (children) in your care

3. Account Registration

Creating an Account

• You must provide accurate, current, and complete information
• You must keep your account information up to date
• You may not share your account credentials with others
• You may not create accounts for fraudulent or illegal purposes

Account Security

• You are responsible for safeguarding your password
• Notify us immediately of any unauthorized account access
• We are not liable for losses from unauthorized account use
• We may suspend or terminate accounts that violate these Terms

4. Subscription and Billing

Free Trial

• New users receive a 7-day free trial
• No credit card required for trial
• You can cancel anytime during the trial without charge

Paid Subscriptions

• After the trial, continued use requires a paid subscription
• Subscription fees are charged monthly or annually based on your plan
• Payment is processed through Stripe, our payment processor
• You authorize us to charge your payment method on a recurring basis
• Prices are subject to change with 30 days notice

Cancellation and Refunds

• You may cancel your subscription at any time through the app or customer portal
• Cancellation takes effect at the end of the current billing period
• You will retain access until the end of the paid period
• We do not provide refunds for partial subscription periods
• Lifetime memberships are non-refundable

Special Access

• Lifetime Members: Permanent access without recurring fees
• Test Users: Temporary access with expiration date (for testing purposes)
• Collaborators: Free access to shared log user data (up to 3 per account)

5. Acceptable Use

You May

• Use the Service for personal, non-commercial purposes
• Log health data for yourself and minors in your legal care
• Invite up to 3 collaborators to view specific log user data
• Generate and share reports with educators and healthcare providers
• Export your data at any time

You May NOT

• Use the Service for any illegal purpose
• Violate any local, state, national, or international law
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to the Service
• Use automated systems (bots, scrapers) without permission
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any copyright or proprietary notices
• Share your account with others
• Use the Service to harass, abuse, or harm others
• Upload malicious code, viruses, or harmful content
• Misuse or abuse our AI features for purposes other than intended
• Create log users for individuals you do not have legal authority to track

6. Intellectual Property

Our Rights

ThrivingFam owns all rights to the Service, including:

• Software code and architecture
• User interface and design
• AI models and algorithms (where applicable)
• Logos, trademarks, and branding
• Documentation and help content

Your Rights

• You retain ownership of all data you input into the Service
• You grant us a license to use your data solely to provide the Service
• We may use anonymized, aggregated data for service improvement
• You can export or delete your data at any time

Feedback

• If you provide feedback or suggestions, we may use them without obligation to you
• We do not claim ownership of your original content

7. Data and Privacy

Your Data

• You own all health data you log in the Service
• We process your data in accordance with our Privacy Policy
• We do NOT sell, rent, or share your personal data
• You can delete your account and all data at any time

HIPAA Compliance

• We implement appropriate safeguards to protect health information
• Our infrastructure complies with HIPAA security and privacy requirements
• See our Privacy Policy for detailed information

Data Backup and Retention

• We perform regular encrypted backups for disaster recovery
• Deleted data is removed from production systems within 30 days
• Backups are retained for 90 days for recovery purposes

8. Third-Party Services

The Service integrates with third-party services:

• AWS: Cloud infrastructure and hosting
• Anthropic (Claude AI): AI analysis and coaching
• Stripe: Payment processing
• PubMed/NIH: Research article retrieval
• SendGrid/AWS SES: Email delivery

Your use of these services may be subject to their own terms and policies.

9. Disclaimers

No Medical Advice

THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

• Always seek the advice of qualified healthcare providers
• Never disregard professional medical advice because of information from the Service
• Never delay seeking medical advice because of information from the Service
• The Service is not intended to diagnose, treat, cure, or prevent any disease

AI-Generated Content

• AI-generated insights and recommendations are for educational purposes only
• AI may make errors or provide incomplete information
• Always verify AI-generated information with healthcare professionals
• We are not responsible for decisions made based on AI insights

No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or reliability of data

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE ARE NOT LIABLE FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER

This limitation applies even if we have been advised of the possibility of such damages.

Exceptions

Some jurisdictions do not allow limitation of liability for personal injury or certain types of damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless ThrivingFam and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your data or content posted through the Service

12. Termination

By You

• You may terminate your account at any time through the app settings
• You may cancel your subscription through the customer portal
• Upon termination, your access ends at the end of the current billing period

By Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account has been inactive for 2+ years
• We discontinue the Service (with 30 days notice)

Effect of Termination

• You lose access to the Service immediately (or at end of billing period)
• We will delete your data in accordance with our Privacy Policy
• You may export your data before termination
• Certain provisions survive termination (warranties, liability limitations, indemnification)

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Sending email to your registered address
• Displaying a notice in the app
• Updating the "Last Updated" date

Your continued use after changes constitutes acceptance of the new Terms. If you do not agree to changes, you must stop using the Service and cancel your account.

14. Dispute Resolution

Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

Informal Resolution

Before filing a claim, you agree to contact us to seek informal resolution. Email us at support@thrivingfam.com with a detailed description of the dispute.

Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except you may assert claims in small claims court if they qualify.

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.

15. Miscellaneous

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and ThrivingFam.

Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment

We may assign these Terms, but you may not assign them without our written consent.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

Survival

Provisions that by their nature should survive termination (warranties, liability, indemnification) will survive.

16. Contact Information

For questions about these Terms:

• Email: support@thrivingfam.com
• Website: https://www.thrivingfam.com