Terms of Use

Effective as of 9 February 2026.

Welcome to Thrivea!

Thrivea (as defined below) is an HR application designed to help organizations manage employee-related data and streamline key human resources processes, including workforce organization, task and reminder management, performance tracking, and time-off administration. Thrivea is owned by Thrivea d.o.o. Novi Sad, Novosadskog sajma 2, Novi Sad, the Republic of Serbia, CIN: 21938947, TIN: 113874616, and its affiliated companies (hereinafter: “Company”, “us”, or “we”). By accessing, using, or attempting to use Thrivea, you enter into a legally binding contract with Company and agree to these Terms of Use and Privacy Policy, including any supplemental terms that accompany the Platform (as defined in Section 1), any documents and any linked terms in the Terms of Use.

All the following terms are equally important and together create this Contract (as defined below) that applies to you. If you find anything in this text that you do not agree with, please stop using the Thrivea immediately.

IN ADDITION, THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 22 OF THE TERMS OF USE. YOU ALSO UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THESE PROVISIONS AFFECT YOUR RIGHTS TO RESOLVE DISPUTES WITH COMPANY AND WE STRONGLY SUGGEST YOU REVIEW IT CAREFULLY.

In case you are interested in knowing about how we process your personal data, please see our Privacy Policy.

1. Definitions

In these Terms of Use, the listed terms shall have the following meaning:

TERM	MEANING
Account	Client Account and/or Employee Account.
Admin	A User designated by the Client as the administrator of the Client Account, who is authorized to: – manage the Client Account; – assign Employees to the Client Account; – configure platform settings; – assign or modify Permission Groups; – access and manage all data, settings, and content associated with Accounts linked to that Client Account, subject to applicable law.
Thrivea or Platform	An HR Platform available as software as a service, its updates, upgrades, enhancements, modifications, extensions, new features, and possible replacements provided by Company, now existing or later developed, and other programs and tools, developed in conjunction therewith, including cloud-based service, whereby Company is making available the Platform, Client Account, Employee Account and Content on-demand.
Contract	The contract concluded between the Company and the Client, which includes these Terms of Use and the Privacy Policy, and, where applicable, any separate commercial or enterprise agreement governing the use of Thrivea.
Client	A company (legal entity) represented by the Admin, and other Users registered on its behalf, who enters into the Contract with Company, as well as any supplemental license terms that accompany the Platform and any terms linked in this document.
Client Account	The account assigned to the Client, whose purpose is to enable the Client to access and use Service.
Client Data	Data in electronic form input or collected through Platform or Service by or from any Client, including all personal data (as defined in Privacy Policy), and in particular including (but not limited to) any personal data provided by any Employee.
Clients’ Policies	The Client’s internal policies applicable to Employees, including but not limited to policies regulating time off, absences, holidays, sick leave, and other employment-related rules as configured within Thrivea. Client Policies may be amended exclusively by an Admin.
Content	All the Thrivea’s features and technical resources available to the Users, including but not limited to information, data and text generated, provided, or otherwise made accessible on or through Thrivea.
Client Content	Any content provided by the User/Client within the Platform, Employee Account/Client Account, including any entered, uploaded, recorded, stored, used, controlled, modified, disclosed, transmitted, or erased information or documents.
Dispute	Any dispute, controversy, claim, action, or dispute between User/Client and Company arising out of or related to: – this Contract, – the Website, – the Service, – the breach, enforcement, interpretation, or validity of this Contract.
Employee	Any natural person engaged by the Client as an employee, consultant, or contractor who is registered on Thrivea for HR management purposes and who is invited, authorized, or otherwise permitted by the Client (through an Admin or applicable Permission Groups) to access the Platform via an Employee Account.
Employee Account	An account created by an Employee upon Admin’s invitation to link with the Client Account.
Free Plan	Subscription plan provided by Company without any charge to the Client.
Paid Plan	Subscription plan provided by the Company to the Client in exchange for payment of the applicable fees, as specified on the Website, within Thrivea, or in a separate agreement concluded between the Company and the Client.
Intellectual Property Rights	Any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or another intellectual property right, and all similar or equivalent rights or forms of protection, in any part of the world.
Party or Parties	Company and/or You.
Permission Groups	Mean authorization groupings within Thrivea that define a User’s access rights to specific modules and data categories. Each Permission Group may determine: – which Thrivea modules are accessible (e.g., Communications, Core HR, Time Off, Performance, Settings); – the type of access granted (e.g., view, create, edit, approve); – the scope of access to personal data of other Employees, including which categories of data may be viewed or edited and in relation to which Employees (e.g., all Employees, subordinates, teams, organizational units). A User may be assigned to one or more Permission Groups. If a User belongs to more than one Permission Group, Thrivea applies an inclusive OR authorization principle, meaning: – permissions are cumulative; – if any Permission Group grants a specific permission, the User will have that permission in the Platform; – Thrivea does not apply any “deny” permission that would override access granted in another group.
Privacy Policy	The policy that explains how we collect, share, and use your personal data, as well as how you can exercise the rights you have as a data subject. Visit our Privacy Policy by clicking here.
Service	Making the Platform available to Users, and Clients, in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs, and tools.
Subscription Term	Period for which the Paid Plan is made available to a Client, provided that Client adheres to the obligations arising from the Contract. The subscription can be monthly or annual.
Terms of Use or TOU	These rules governing the use of the Service and the Platform.
User, you or yours	Any person or entity, other than Company that uses, accesses, possesses, controls, or receives the Service or the Platform any part thereof. The term User encompasses different categories of users which: 1) may be divided based on the access level (Admin or Employee and any other persons granted access through Permission Groups) or 2) are using the Platform as natural persons or legal entities. The term User also includes those that access the Platform. Users should interpret the term as referring to them unless the context suggests otherwise.
Website	Website located at https://thrivea.com/

2. Who can use Thrivea?

Service is solely intended for legal entities that have full legal capacity.

Our Service is primarily aimed at businesses and companies, and Employees may use the core functionalities of the Platform only when they are invited by the Client.

In case you enter into a Contract on behalf of a Client, you warrant that:

You have the full legal authority to bind the Client to TOU;
You have read and understood the TOU;
You have the Client’s permission and authority to use the Client Content;
You agree to the TOU on behalf of the Client that you represent.

Please note that, if you subscribe to the Service with an email address of a company you are a part of (for example, containing a corporate email domain), you will be deemed to represent such company and the word “Client” or “you” in these TOU shall refer to that legal entity. In such a case, Client and the individual who subscribed on behalf of the Client are jointly responsible for the use of Service and Thrivea.

An Admin must ensure that any User, who is a natural person, whom he causes to become a User (for example, by inviting the Employee to access the Service), has full active legal capacity.

3. Service

User shall be bound by this Contract in any of the following situations, whichever occurs first:

Upon creating a Client Account, i.e., accessing Thrivea as a Client. Creating a Client Account, i.e., accessing Thrivea as a Client, entails an obligation to verify the Client’s email address.
In case the User agrees to or is deemed to have agreed to the Contract. Any use, access, or attempt to use or attempt to access Platform or Service shall be deemed to agree.
In case the Client makes the payment for the Service in accordance with the Contract.
Upon execution of any separate commercial, enterprise, or other agreement governing the use of Thrivea between the Company and the Client.

The Company will make Service available to You pursuant to this Contract and (where applicable) in accordance with the Paid Plan. We will use commercially reasonable efforts to make Service available 24 hours a day, 7 days a week, except:

during planned downtime (of which we will give advance notice); or
for any unavailability caused by circumstances beyond our reasonable control, including, for example, a force majeure event; or
as necessary to update the Service to ensure its security and integrity and provide the Service in accordance with applicable law.

Downtime excludes performance issues with individual features, external network or equipment problems outside of our reasonable control, or issues that are related to external apps or third parties.

You acknowledge that Company may modify the features and functionality of the Service during the term of the Contract. Company shall provide You with commercially reasonable advance notice of any deprecation of any material feature or functionality.

If You are dissatisfied with the terms of this Contract or any modifications to this Contract or the Service, You agree that your sole and exclusive remedy is to terminate your subscription and discontinue use of the Service. In case of termination of this Contract, any other agreement you have concluded with Company will be terminated (if applicable).

User shall be solely responsible for providing, maintaining, and ensuring compatibility with the Platform, all hardware, Platform, electrical, and other physical requirements for User’s use of the Platform, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs, and services required to access and use the Platform.

Client Account

In order to use the Service, an authorized representative of the Client must create an account via Thrivea and establish a dedicated tenant environment for the Client.

Upon registration, Thrivea will request certain basic information (such as name, surname, and email address). Additional profile information is optional and may be provided by Users at their discretion.

Thrivea provides an email verification functionality within the Platform. The Client and Users may be requested to verify their email address after gaining access to the Service.

The Company reserves the right to conduct all necessary background checks in order to confirm whether the Client is duly registered in accordance with applicable laws and currently valid (e.g., not subject to bankruptcy proceedings), as well as whether the registering User has the authority and capacity to represent the Client.

Once a Client Account has been created, an Admin may invite Employees to join the Client Account on the Platform and create Employee Accounts, subject to the Permission Groups and access rights configured within Thrivea.

Employee Account

Each Employee may use an Employee Account on Thrivea and update certain profile information. Employee data may be initially entered by an Admin or another authorized User. Access to view or edit other Employees’ information is not based on job titles but on Permission Groups assigned by the Client. Users may only manage Employee Account information to the extent permitted by their assigned permissions.

4. Modifications of Thrivea and the TOU

To provide you with the best possible user experience, we may change and update Thrivea occasionally. Such changes primarily involve adjusting the Content and functionalities of the Platform, but also interrupting the operation of the Services or removing certain parts of Thrivea. In addition, the Company reserves the right to amend, limit, or delete any part of the Platform, as it finds appropriate.

Please note that in such situations, Thrivea may be temporarily unavailable. We will make the maximum effort to shorten the time during which the Platform is unavailable and enable its functioning again as soon as possible.

Besides, the Company may revise and update these Terms of Use or any part of the Contract at any time. We caution you to review the TOU posted on Thrivea periodically.

Any changes shall enter into force upon being published in the Platform (including information delivered via email / Thrivea app itself) and/or after at least 10 days upon the receipt of the notification from us.

If you do not agree to the new TOU, you must notify Company within 10 days of receipt of such notification or delete your Account. If you fail to send such notification to Company or delete your Account, your continued use will be deemed as acceptance to the new TOU.

5. Electronic Communication

By accepting these TOU, you agree to be bound by this Contract – made in an electronic form, except if you signed a separate agreement with Company, in which case the additional terms stipulated by such agreement shall apply. Additionally, visiting the Platform or sending emails to the Company shall constitute electronic communications. Under these TOU User gives consent to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications that are provided by the Company electronically (via email or mobile), satisfy any legal requirement that such communications be in writing.

6. Intellectual Property

Unless otherwise indicated in the Contract, the Service, Thrivea and its entire Content (including but not limited to the original source code, Website, images, graphic elements, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work and other related materials) are protected by Intellectual Property Rights of Company.

Users have only the rights specified under this Section 6 of this Contract. Users may not acquire any other Intellectual Property Rights under this Contract. Platform is made available on a limited-access basis, and no ownership right may be conveyed to any User, irrespective of the use of terms such as “purchase” or “sale” in Terms of Use or anywhere on the Platform.

Any unauthorized use of the Platform, Content, and/or any part of it, without the permission of the Company, shall be deemed an infringement of Intellectual Property Rights. Within the shortest term upon the acknowledgment of any unauthorized use, Company shall take all legal remedies to protect its Intellectual Property Rights.

Except for the rights granted under this Section 6 of these Terms of Use, any copying of Content or downloading Content in part or whole is permitted only by written consent from Company.

The Company also reserves all Intellectual Property Rights not expressly granted in this Contract.

If you believe that any material on Thrivea, including any material posted by other Users, violates your copyright, please notify us at support@thrivea.com.

Any other use of the Platform or the Services, not specifically mentioned in this Contract, by any User, is forbidden. For example, you may not:

publish, copy, rent, lease, lend, sell, create derivative works or transfer in any way the Platform, Website, Services or any portion(s) of the foregoing;
distribute, transmit, publish, or otherwise disseminate the Platform, Website, Services, or any portion(s) of the foregoing;
attempt to access or derive the source code or architecture of the Platform or work around any technical restrictions or limitations in the Platform;
reverse engineer, decompile, or disassemble the Platform, or attempt to do so;
when using internet-based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner;
attempt to probe, scan or test the vulnerability of the Website, Services and/or Platform, or any associated system or network, or to breach any security or authentication feature or measures, and, if you are blocked by Company from accessing the Platform or Services, you will not implement any measures to circumvent such blocking.

For the purpose of clarity, Users may not obtain access to source code under the Contract and should not attempt to do so.

7. Authorization to Use

In consideration of your acceptance of this Contract and payment of all applicable fees (if applicable), Company grants you a limited, non-exclusive, non-transferable (or restrictedly transferable), revocable authorization to access and make use of the Service solely for your internal business purposes, in accordance with the Contract and any other instructions on the Website.

Nothing in this Contract obligates Company to deliver or make available any copies of computer programs or code to the User of the Platform, whether in object code or source code form. You agree to use the Service only in compliance with all applicable local, state, national, and international laws, rules, and regulations.

The authorization to access enables the Admin to invite the Employees to link with the Client Account, conditioned on the acceptance of these Terms and, if applicable, with the payment in accordance with the Price Plan.

Any other use of the Platform or the Service, not specifically mentioned in this Contract, by any User, is forbidden. For example, the authorization to use does not give you any right to, and You may not:

publish, copy, rent, lease, lend, sell, create derivative works, or transfer in any way the Platform, Website, Service, or any portion(s) of the foregoing;
distribute, transmit, publish, or otherwise disseminate the Platform, Website, Service, or any portion(s) of the foregoing;
attempt to access or derive the source code or architecture of the Platform or work around any technical restrictions or limitations in the Platform;
reverse engineer, decompile, or disassemble the Platform, or attempt to do so;
when using Internet-based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner;
attempt to probe, scan or test the vulnerability of the Website, Service and/or Platform, or any associated system or network, or to breach any security or authentication feature or measures, and, if you are blocked by Company from accessing the Site, Platform or Service (including by blocking your IP address), you will not implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

8. Subscription

Upon creating a Client Account, you will be able to subscribe in accordance with the applicable Free Plan or Paid Plan.

Anyone who subscribes to any Paid Plan or anyone who permits or causes another person to make an order on their behalf will be liable for the payment arising from such a subscription. The same rules will apply to anyone who is permitted to be designated as a payer for a Paid Plan.

Paid Plans for Thrivea are charged monthly or annually, as chosen upon subscription.

Prices set out in the Paid Plan are subject to change at any time. Any price may change at any time and will become binding on the Client provided that the Company has sent a 10-day period notice.

Such notice may be sent to a Client by email to your most recently provided email address or posted on Thrivea or by any other manner chosen by Company in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on Thrivea on the day following the date it was posted.

9. Payment

General. Anyone who subscribed to the Service or anyone who has permitted or caused another person to make a subscription on their behalf is deemed to have agreed to and accepted liability for the payments under such Paid Plan.

The payment of the Service shall be made before the commencement of the Subscription Term.

The order and payments are handled by Stripe – Global Payment Processing Platform.

The Company is not responsible for the processing of the Client’s payment and shall not be liable for any matter in connection therewith.

Therefore, you need to comply with the payment processor’s legal terms: Stripe Services Agreement—General Terms.

Please note that in case the chosen Paid Plan includes a recurring payment of a fee, unless the Client notifies us before the payment has been made that Client wishes to cancel/does not want to automatically renew the subscription, such subscription shall automatically continue and it shall be deemed that the Client has authorized us (without notice to the Client, unless required by the applicable law), to collect the then-applicable fees and taxes using any payment instrument of Client’s we have previously collected.

All sums payable to Company hereunder shall be paid in full, without deducting or allowing the deduction of any currency conversion, wire transfer, remittance, applicable tax, or other charges related to the payment. All fees for our Service are exclusive of any VAT or other taxes and public duties, save where the Company has explicitly stated to the contrary. Each Client is responsible to bear all public duties related to the purchase of the Service. Please note that VAT/GST will be calculated and charged automatically upon payment.

Client hereby authorizes Company to charge to the respective Client Account, and Client agrees to pay all such fees in accordance with TOU

Billing Data. Client is obliged to keep all the billing data complete and accurate at all times (such as a change in billing address, credit card number, or credit card expiration date) and must promptly change its billing data via Thrivea or inform Company by sending an email to support@thrivea.com in case of changes in the payment methods, as well as if the Client becomes aware of a potential security breach, such as the unauthorized disclosure or use of name or password. In case of, for instance, loss or theft of the payment instrument, the Client is also obliged to inform its bank. If the Client fails to provide any of the foregoing information, the Client agrees that the payment processor (Stripe) may continue charging for any use of the Service unless the User has terminated the Contract in accordance with the Contract.

In case the Client’s default payment instrument is declined for any reason, we may deny access to the Paid Plan immediately.

No Refunds. Fees paid for our Service are non-refundable. In case the Contract or Paid Plan is terminated or varied within a certain billing period, the Client shall not be entitled to any refund concerning that billing period. Any payments paid for the future billing periods will not be refunded unless the Parties explicitly agree otherwise.

The Client understands that the Client shall not be entitled to any refund in case the Client stops using the Service. In case the Client does not use our Service, we would kindly ask to cancel the subscription to any Paid Plan.

10. Upgrading or Downgrading Paid Plan

In case Client wishes to upgrade or downgrade the chosen plan before the expiry of the then-current Subscription Term (to the extent applicable), please file the request via support@thrivea.com. Please note that termination prior to the expiration of the Subscription Term does not entitle you to any refund of the paid fees.

For more information about Upgrade and Downgrade of the Plan, please visit Click or tap here to enter text.

11. Acceptable use of Thrivea

Users are obliged to comply with the following rules of acceptable use:

Information provided by Client must be complete, accurate, and up-to-date. This pertains to all the information necessary for registration purposes, as well as to the contact information.
Client Account may be used solely by Client, and Client is obliged to prevent any third parties from using Client Account individually or simultaneously with Client.
Client is obliged to undertake all necessary measures to maintain the security of Client Account and Employee Account and credentials for logging in to Client Account and Employee Account, which shall be shared solely with the authorized individuals. Client is responsible for any use of Website, Service, and Thrivea through Client Account, regardless of whether such use is authorized or not. Company shall not be held liable for any loss, damages, or expenses arising from Client’s failure to comply with this obligation. The Client shall be solely liable for any losses, damages, liabilities, and outlays incurred by the Company or any third party that are the result of unauthorized use of the Client Account. In case of discovery of any unauthorized use of the Client Account, please notify us without delay by sending an email to support@thrivea.com.
Client shall not be engaged in any activity violating the privacy of others, or any misuse of unlawful processing of personal data, nor will publicly display or use Thrivea to share any inappropriate content or material. Clients are obliged to refrain from violating any applicable law or regulations in connection with their use of Platform, Service, or Website.
Client shall not conduct web or data scraping on or related to Platform, including, without limitation, collection of data through any Platform simulating human activities, any bot or web crawler.
Client is obliged not to automate access to Website or Service, including, without limitation, through the use of APIs, bots, scrapers, or other similar devices.
Client shall not access Service or Platform with the purpose of building a competitive product or service, a product using similar ideas, features, functions, or graphics, or to copy any ideas, features, functions, or graphics.

Admin grants for every employee registered/approved by the Admin within the Client Account, that such a person shall comply with all legal requirements applicable to the use of Service and Thrivea, particularly these TOU.

The Client is fully responsible for all the activities and conduct that occur under its Client Account.

12. Client Content, Client Data, and Personal Data Protection

Client understands that the Client is solely responsible for any Client Content uploaded, processed, entered, or otherwise transmitted in connection with Client’s use of Service and/or Platform. By entering into this Contract, Client warrants, represents, and covenants that Client is the owner or has obtained a valid and enforceable license to use all Client Content.

Client Content shall not infringe, misappropriate, or violate the rights of any subject (including both natural persons and entities), or any applicable law, rule, or regulation of any government authority of competent jurisdiction.

Without limiting the foregoing, any feature(s) of Service and/or Platform that may permit Client to temporarily save or otherwise store Client Content is offered solely for Client’s convenience and Company does not guarantee that Client Content will be retrievable. The Client is solely responsible for saving, storing, and otherwise maintaining Client Content, including by making backup copies on the appropriate independent systems not relying on Service and/or Platform.

If an Employee submits or creates content within Thrivea, the Employee acknowledges that the Admin and other authorized Users of the Client Account may access, manage, modify, or remove such content and administer Employee Account access, as permitted under the Client’s assigned Permission Groups.

Company holds the right to refuse, limit, or cancel Service, disable Client Accounts, or remove or edit Client Content at its sole discretion. Therefore, in the event of the investigation of purported violations of the Contract, Company reserves the right to review Client Content to resolve the issue (for instance, to prevent harmful or illegal activity). The Company may also access Client Content when providing technical support or when performing other legal obligations under this Contract.

Nevertheless, the Company has no obligation to monitor Client Content and shall make no attempt to do so. Also, the Company is not obliged to remove any Client Content.

Company shall not be held liable for any loss, damage, expense, or other harmful consequences to any Client resulting from Client Content.

Exposure risk

The Client understands and agrees that providing and using cloud-based services involves risks of unauthorized disclosure or exposure of data, and by accessing and using the Platform, Client accepts such risk. The Company offers no representation or warranty that Client Content (particularly including Client Data) will not be exposed or disclosed through omissions, errors, or the unlawful activities of third parties.

Data accuracy

The Company has no responsibility for the accuracy of data uploaded to the Platform by Client, including, without limitation, Client Data and any other data uploaded by the Client.

Use of Client Data

Company shall not, unless previously explicitly authorized by Client:

access, process, or otherwise use Client Data other than as necessary to provide Service and use of Platform or in accordance with DPA (as defined in Privacy Policy),
intentionally grant any third-party access to Client Data, including, without limitation, other Clients, with the exception of the subcontractors subject to a reasonable non-disclosure agreement.

Notwithstanding the foregoing, Company may disclose Client Data as required by applicable law or by proper legal or governmental authority. Company shall give Client prompt notice of any such legal or governmental demand and reasonably cooperate with Client in any effort to seek a protective order or otherwise to contest such required disclosure, at Client’s expense.

As between the Parties, Client retains the sole ownership of Client Content.

Compliance with data protection laws

Providing the Service by Company involves the processing of Clients’ personal data (as defined in the Privacy Policy), including the processing of personal data of Admins and Employees invited or enabled to use Thrivea by the Client. Purposes and means of processing are determined by Client and not by Company, resulting in the Client being the data controller. By providing the Service, Company acts as a data processor and processes personal data on behalf of and according to instructions provided by Client. In some cases, Company may act as a data controller, and in such an event, Company shall ensure that it has a valid legal ground for the processing of data and that the personal data are collected solely for the purposes permitted under the applicable data privacy law.

According to all the applicable privacy legislation, the Client is fully responsible to ensure the legal grounds for processing the personal data as defined in the Privacy Policy, as well as for properly assessing the proportionality of the personal data processing. By entering into the Contract, the Client warrants and grants to Company that the Client has secured a valid purpose and legal basis to process personal data via the Service.

Client warrants and grants that it has informed the data subjects (as defined in Privacy Policy) on all aspects of the processing via Service or Platform prior to the beginning of the processing, and that it has adopted the adequate policies and/or has undertaken necessary steps stipulated by the applicable data protection legislation, if applicable (such as, for instance, conducting DPIA).

Each Client shall indemnify, defend, and hold harmless Company in full and on demand from and against any and all liabilities, claims, demands, damages, losses, or expenses (including legal and other professional adviser’s fees and disbursements), interests and penalties incurred by Company arising out of or in connection with Client’s breach of the obligations stipulated in this paragraph.

Consequences of the unlawful use of Client Content

The Company may, at its sole discretion, disable, close, or temporarily or permanently limit access to any Client Account without any notice to Client in case the Company becomes aware of:

the illegal Client Content,
activities that infringe third parties’ Intellectual Property Rights, personal data, or any other right,
any activities infringing these TOU.

Company shall not be liable for any loss, damage, or undesirable consequences arising from such action.

If Client Account is delinquent, suspended, or terminated for 90 (ninety) days or more, Company may irreversibly suspend Client Account, i.e., the account of Client in accordance with Section 16 (Termination – headline Client Data download and deletion).

Security breach

External breach. In case of an accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure of, or access to Client Data, conducted by any subject other than Client’s employees, contractors, or agents, upon the discovery of such security breach Company shall:

initiate remedial actions compliant to applicable law and consistent with industry standards,
notify the Client of the security breach, its nature, and scope, the remedies Company will undertake, as well as the timeline projected by Company in terms of the security breach remedy.

The client is responsible for fulfilling its obligations under the applicable law.

Internal breach. In the event of a security breach (as defined by applicable law) conducted by Client’s affiliate, employee, contractor, or agent, or which has occurred as a result of Client’s failure to maintain its systems, network, or Client Data in an appropriately secure manner, Client shall be solely responsible for initiating remedial actions. Additionally, the Client shall notify Company immediately of such a security breach and of the following steps which Client will undertake to remedy such breach. Company keeps sole discretion to take any actions, including suspension of Client’s access to Service, in order to prevent any harm to Client, Company, Service, Platform, or third parties. The Client waives any right to file a claim against Company for possible losses incurred as a result of Company’s actions undertaken in accordance with this paragraph.

13. Warranties Disclaimer

Service is provided on an “as is” and “as available” basis. User understands that they use the Platform at their sole risk.

Company hereby disclaims, to the fullest extent permitted under the applicable law, all statutory warranties, including warranties arising from the course of dealing, course of performance, or usage of trade. Warranties of the Company related to Platform or Service, which are not explicitly stated herein, shall be deemed withheld.

You will be solely responsible for any damages that you may suffer resulting from the use of the Service. No written or oral information or advice provided by Company, or its authorized representatives, shall be deemed as a warranty or in any way extend the scope of Company’s obligations.

Without prejudice to the generality of the previous provisions, Company does not warrant:

fitness for a particular purpose, nor that the Service will meet your specific requirements;
accuracy or reliability of the results obtained from the use of the Service;
correction of any errors in the Service which may occur.

The Company makes every effort to ensure that the Service will be uninterrupted, timely, secure, error-free, and of satisfactory quality. However, there is a possibility that the Service will not fulfill these expectations, and the Company will not warrant these expectations.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, continuity, timeliness, and accuracy of the Platform and Service.

Without limiting the foregoing, the Platform is not designed for use in hazardous environments requiring fail-safe controls (for example, aircraft navigation/communication systems, air traffic control, medical device and life support machines, or weapon systems) in which the failure of Thrivea may result in death, personal injury, or physical and/or environmental damage. Accordingly, the Contract excludes any high-risk activities (including previously enlisted examples), and User and Client agree not to use Thrivea in connection with such high-risk activities.

The Company does not represent or warrant that the Service or Platform are free of viruses, Platform bugs, or other harmful components.

14. Limitation of Liability

General. Company and/or its suppliers, employees, and representatives shall not be liable (to the maximum extent permitted by the applicable law) in any event for the following:

any losses, damages, expenses, or other harmful consequences that occurred as a result of any subject’s use or inability to use Thrivea;
any installation, implementation, customization, or modification of Platform not conducted by Company;
any failure to apply available updates, service packs, fixes, or upgrades that would prevent the harmful event;
any unauthorized access to Client Content;
any unauthorized use of Client’s credentials for access to Thrivea.

To the greatest extent permitted by the applicable law, under no circumstances shall Company and/or its suppliers, employees, and representatives be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for the loss of use, data, or profits, or business interruption) arising out of or in any way connected with:

the use or performance of Thrivea,
the delay or inability to use Thrivea and/or Service, including the provision of or failure to provide Service,
Platform, Website, Service, any products, information, or related graphics obtained through Thrivea, or otherwise arising out of the use of Thrivea, whether based on contract, tort, negligence, strict liability, or otherwise.

In case any of the foregoing limitations occur to be unenforceable or in the event any liability of Company is established, to the maximum extent permitted under the applicable law, Client agrees that the entire aggregate liability of Company and Client’s sole remedy arising out of or related to Contract, Platform, or Service shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount paid (if any) by that Client within twelve months preceding the delivery of the notice to Company regarding the dispute for which the remedy is sought. In the event Client did not have any obligations including any payments during such period, as well as in the case this section applies to Users, monetary damages shall not in aggregate exceed the sum of 100 EUR (one hundred Euros).

Client hereby understands and agrees that this limitation of liability represents a reasonable allocation of risk and is the fundamental element of the agreement between Company and Client. Client additionally understands that Platform, Service, and Website would not be provided without such limitations.

Taking into account that some of the limitations of liability stated in this section may not be applicable to the Client, due to the fact that certain countries do not allow the limitation of particular damages, the Client may have some additional rights. Regardless, in case any part of this section is held to be invalid under the applicable law, the invalidity of such portion shall not affect the validity of the remaining parts of the applicable sections.

Exceptions. Mandatory liability of the Company shall not be excluded in the following cases:

if Company commits a willful breach of any of its obligations arising from the Contract,
in the event of death or personal injury caused by a defective item provided or produced by Company.

Force Majeure. Neither Party shall be liable for any violation of the obligations arising from this Contract due to a circumstance that could have not been reasonably foreseen and which is beyond the control of Parties, such as, for instance, the force of nature, an act of a legislative or executive authority, war, civil unrest, the act of terror, strike, non-trivial cyber-attack, failure of a third-party hosting, internet failure, or any other circumstance qualifying as a force majeure under the applicable law. This exception shall apply solely to the extent that the respective circumstance prevented or hindered the Party’s performance.

For the avoidance of doubt, this section:

has no intention of derogating or limiting the application of any statutory limitation or exclusion of liability,
shall not be construed to limit the amount of or excuse Client from any payment obligation arising from Contract.

The Company does not provide legal advice in terms of compliance, data privacy, or other relevant applicable laws in the jurisdictions in which Client uses the Service.

Any statements made by the Company to Client shall not constitute legal advice.

15. Indemnification

You agree to indemnify and hold Company harmless from any and all demands, losses, liabilities, claims, or expenses (including any attorneys’ fees) made against Company by any third party due to, or arising out of, or in connection with your use of Platform and Service. This also applies to the Client in connection with the use of Platform and Service by Users linked with the Client Account (including Admin). Your obligation includes, but is not limited to, demands, losses, liabilities, claims, or expenses arising out of:

Use of Service and/or Platform in violation of this Contract and/or any applicable law, and/or arising from a breach of this Contract and any applicable law;
any third-party claim of infringement of copyright or other Intellectual Property Right, or invasion of privacy arising from hosting Client Content on Thrivea, and/or making available Client Content to other Users of Thrivea, and/or the actual use of Client Content by other users of Platform or related Service in accordance with the Contract;
any activity related to the Employee Account /Client Account (undertaken by you or another person accessing the Employee Account /Client Account, with or without your consent) unless such activity was caused by the act or default of Company.

Additionally, you shall defend, indemnify, and hold harmless Company, its officers, directors, employees, contractors, agents, and representatives from and against all claims made by, and all damages, liabilities, penalties, fines, costs, and expenses payable to any third party, arising from the:

breach of Contract,
use of Service,
processing of personal data,
contributions to Service,
infringement of any Intellectual Property Right or any proprietary or personal right.

16. Termination

The Contract shall remain in force and continue until:

Terminated by the Company; or
You cancel your subscription and/or request for your Client Account and all Employee Accounts to be deactivated, or if you terminate the separate agreement concluded with Company in accordance with the termination rules from that agreement (if applicable).

Termination by the Client

The Client may cancel the subscription at any time via the Admin account. If the Client cancels upon the subscription renewal date, the Client will not receive a refund for any amounts that have previously been charged. Cancellation will be effective at the end of the then-current Subscription Term, subject to applicable law, and Client may use the Service until the cancellation is effective, unless the access is suspended or terminated in accordance with the Contract or applicable law.

In case the Client uses a Paid Plan involving a recurring payment of a fee, the Company will stop charging fees for Service from the moment the Client notifies us that the Client wishes to cancel or that the Client does not want to automatically renew the subscription. Until such cancellation, Client understands that Company has the right to automatically continue with the collection of the then-applicable fees and any taxes using any payment instrument of Client’s we have previously collected, in accordance with Section 9 (Payment) herein. Unless otherwise required by the applicable law, Company may exercise this right without any notice to the Client.

The Client understands that cessation of use of the Service does not entitle the Client to any refund. Client not using the Service shall cancel the subscription to any Paid Plan and terminate the use of Thrivea completely.

The Client is aware and accepts that the termination of use of Thrivea does not necessarily mean that the Client Account and all linked Employee Accounts will be automatically deleted. This is also applicable to Client Content provided by that Client. Please see Section Client Data download and deletion.

Termination by Company

Client hereby agrees that Company may immediately terminate the Contract in case Client does not pay the fees when due in accordance with the Paid Plan.

The Company reserves the right to cancel the Client’s subscription and Client’s use of Platform and/or Service.

In case Client engages in any conduct or activities that are identified by Company (at its sole discretion) as a violation of Contract or the rights of Company or third parties, or otherwise inappropriate, Company may deny access to all or any part of Service or terminate Client Account with or without prior notice. The Company is entitled to deny Client’s access to Service, terminate this Contract, or suspend Client Account without limitations.

The Company has the right to, at its sole discretion, at any time and regardless of the reason, terminate Service, this Contract, or suspend or terminate any Client Account. In such a case, Company shall notify Client via the email address designated by Client when creating Client Account, or any other email address Client may have provided to Company.

In case you are an Employee, the Client may decide to revoke or terminate your authorization to access the Platform.

Survival in case of termination

In case the Contract is terminated, the following provisions shall survive:

any provision stipulating Client’s obligation to pay for Service,
Section 6 (Intellectual Property),
Section 13 (Warranties Disclaimer),
Section 14 (Limitation of Liability),
Section 15 (Indemnification),
Section 21 (Governing Law & Competent Court; Dispute Resolution),
Section 22 (No Class Action),
as well as any other provision of the Contract that must survive for the Contract to fulfil its essential purpose.

Client Data download and deletion

In case the Contract is terminated, Client may request from Company via email support@thrivea.com all information (including entire Client Content) provided, inputted, or uploaded to Thrivea databases.

Upon termination of the Contract, Client Account and all linked Employee Accounts shall be irreversibly suspended, and all Client Content and Client Data will be anonymized in order to make Client Content unreadable. Client understands that Client Content and Client Data shall not be deleted but retained in anonymized (unreadable) form by Company for statistical purposes. Please note that statistical data do not contain any personal data. Without regard to the previous sentence, all Client Content, including Client Data, except anonymized and statistical data that do not contain personal data, shall be deleted upon the expiration of 90 days after the termination of the Contract, unless otherwise defined under the Privacy Policy.

Employees understand that all Client Data remains under the Client’s control and may be managed, edited, retained, or removed by Admins or other authorized Users in accordance with the Permission Groups configured within Thrivea.

17. Severability

In case any provision of this Contract is found invalid by any court or arbitration having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Contract, which shall remain in full force and effect.

If any provision of the Contract violates any mandatory rule of the applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible.

18. Notices

User and Client may deliver notices to Company to the following address: Novosadskog sajma no. 2, Novi Sad, the Republic of Serbia, or via email to: support@thrivea.com.

The Company may give notices to the User/Client via the email address associated with their account or (exceptionally) by mail or courier to the address provided for that Client within the information on the Client Account, as applicable.

Notice shall be deemed to have been received:

the next day if given via notice on the Client Account/Employee account or via email,
five workdays after posting the notice via courier or registered post. Workday shall have the meaning of workdays at the Company’s registered seat.

19. No Waiver

Failure by Company to exercise or enforce any right or provision of TOU shall not constitute a waiver of such right or provision.

20. Third-party Services and Websites

In case the Company enables access to data from another service provider through linking, the Company does not carry any responsibility for such information.

Thrivea may contain links to other websites that are in the ownership of other legal or natural persons. Each of such websites has its terms of use and privacy policy on handling personal data, and such terms and policies may differ significantly from the ones applicable to the use of Thrivea. The Company has no control over such websites and shall not carry any responsibilities, either for the availability of those websites or for the terms of use and privacy policies applicable to their visitors and users.

Placing links to third-party websites on Thrivea does not represent any kind of recommendation or approval of services or products offered through such websites by the Company.

21. Governing Law & Competent Court; Dispute Resolution

Governing Law. Contract and any matter or dispute arising out of or related to the subject matter of Contract shall be governed, construed, and enforced in accordance with the laws of the Republic of Serbia, without regard to its conflict of laws rules. Specifically excluded from application to this Contract is the law known as the United Nations Convention on the International Sale of Goods.

Mandatory negotiations. Taking into account the high cost of arbitration, Parties agree to the following dispute resolution procedure: in the event of any Dispute, the Party asserting the Dispute shall first try in good faith to settle such Dispute by delivering the written notice to the other Party by email, first-class or registered mail. Such notice shall comprise the description of the facts and circumstances (including any relevant documentation) of the Dispute, and allow the receiving Party 30 days in which to respond to or settle the Dispute.

Notice shall be delivered in accordance with Section 18 (Notices), in particular to the following addresses:

to Company: Novosadskog sajma no. 2, Novi Sad, the Republic of Serbia, and
to the Client: Client’s last used address provided within Client Account or the address of the registered seat of Client. In case no such address exists, or the delivery to such an address is unsuccessful, the notice shall be sent to the email address connected to Client Account.

The Parties mutually agree that the above-described dispute resolution procedure is a condition precedent that must be satisfied before the initiation of any arbitration or the filing of any claim against the other Party.

Dispute Resolution. In case Parties fail in resolving Dispute as described above, any disputes arising out of or in connection with the Contract shall be finally settled by arbitration organized in accordance with the Rules of the Belgrade Arbitration Center (the Belgrade Rules). The number of arbitrators shall be one. The place of arbitration shall be Belgrade, the Republic of Serbia. The language to be used in the arbitral proceedings shall be English.

In case the Parties’ agreement with respect to arbitration proves to be void or unenforceable, all Disputes to which it was intended to apply shall be subject to the exclusive jurisdiction of the competent court in Belgrade, the Republic of Serbia. Regardless, in such a case, the mandatory negotiation clause shall remain applicable as a precondition to initiation of the court resolution of the Dispute.

This Section shall survive termination of the Contract.

Notwithstanding the provisions above, Company may, at its absolute discretion, assert and seek the protection of its Intellectual Property Rights and rights concerning confidential information or data processing anywhere in the world.

22. No Class Actions

With the exceptions of events explicitly prohibited by law, as a condition of the use of Platform and/or Service, you agree that any and all Disputes shall be resolved individually, without resorting to any form of class action.

Any arbitration under these TOU shall take place on an individual basis. Class arbitrations and class/representative/collective actions are not permitted.

PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN EACH INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Unless both Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

23. Entire Contract

This Contract (as amended from time to time) constitutes the entire contract between you and Company relating to the subject matter hereof and supersedes all prior agreements and understandings between the Parties with respect to that subject matter.

In case of conflict between any provision of the Contract and any statement, representation, or other information published on Thrivea or contained in any other materials or communications, the provision of the Contract shall prevail.