HeyThrivy Terms of Service
Welcome to HeyThrivy, we can’t wait to work with you! Thank you for taking the time to review our Terms of Service, we want you to be *insanely happy* with HeyThrivy and that starts with knowing what to expect.
1. Terms of Service. By activating your account to use the services of HeyThrivy LLC (“HeyThrivy”), the user of the services (“you”) agree to the terms and conditions of this Services Agreement (the “Service Agreement”) governing your use of HeyThrivy’s website (https://www.heythrivy.com/ or the “Site”) and mobile application (the “Service App”) (collectively, the “HeyThrivy Platform”). HeyThrivy reserves the right to change, modify, add, or remove portions of this Service Agreement at any time. We will post any changes to this Service Agreement on our Site as a replacement Service Agreement. Your continued use of HeyThrivy following the posting of any changes will mean that you have accepted the changes.
2. Account Services. Through your subscription, HeyThrivy will provide the following services: perform certain household chores, run errands, make reservations, coordinate travel arrangements, conduct research, and coordinate third party services, (collectively, the “Services”). The Services may include the sourcing and hiring of other third-party service workers or vendors (e.g. house cleaners / landscapers, etc.). In addition to the Services set forth in this section, you may request any additional service and HeyThrivy, in its sole discretion, may agree to perform that service as part of your monthly Service.
The Service App enables you to schedule, manage and have certain household chores and other errands performed on your behalf via a HeyThrivy Assistant. Upon payment of Service fees, you will be assigned one or more individuals who will perform those tasks (such as picking up drying cleaning or household touch up) requested by you via the Service App (each, a “Task”). To schedule a Task, you must input the required information as requested through the Service App. You agree to provide all the relevant information needed to complete a Task and this information is true, accurate, current and complete.
3. Account Holders. By signing up for our services, you are considered the “Primary Account Holder.” You may designate additional people over the age of 18 who have permission to submit tasks through the HeyThrivy Platform (“Additional Account Holders”). Additional Account Holders are subject to the same rights and responsibilities that you are under these Terms of Service. As the primary account holder, you confirm that you are at least 18 years old and that any Additional Account Holder(s) are also at least 18 years old.
4. Service Hours. HeyThrivy hours are 8:00 A.M. to 5:00 P.M. Pacific Time, Monday through Friday. Services requested outside of normal business hours will be responded to and fulfilled based on availability and at the discretion of HeyThrivy.
5. Vehicle Related Errands. HeyThrivy Assistants are happy to help you with vehicle related errands however, as HeyThrivy Assistants will be utilizing your vehicle to complete this errand, you are fully responsible for any claims, incidents, injuires, accidents, etc. related to the service. In order to access this service you agree to the following additional terms:
a) You have auto liability insurance for additional drivers of your vehicle.
b) You acknowledge that you are solely responsible for contacting your auto insurance provider that HeyThrivy Assistants may have access to the vehicle for limited purposes.
c) You acknowledge and agree that in the event of any incident, property or bodily damage, injury or otherwise it is solely your responsibility and you are responsible for all costs and expenses including those not covered by insurance.
6. Code of Conduct. The purpose of this Code of Conduct is simple: to ensure the safety, comfort and enjoyment of all involved, including you and our HeyThrivy team members, when you use the HeyThrivy Platform and Services. Accordingly, you agree that you shall not: (i) physically harm, threaten to harm, or intentionally or recklessly cause harm to our HeyThrivy team members, or create a condition that endangers the health and safety of our HeyThrivy team members,; (ii) make or attempt any unwanted sexual advance or statement to our HeyThrivy team members,; (iii) threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behavior against our HeyThrivy team members, (iv) use any vulgar or obscene language or otherwise engage in behavior that is likely to make others feel uncomfortable, embarrassed, or offended; or (v) engage in any behavior that discriminates against our HeyThrivy team members, because of the individual’s race, color, sex, age, national origin, handicap, sexual orientation, or religion.
To the extent permitted by applicable law, we reserve the right to deny or terminate service to any client at our discretion for any violation of this Code of Conduct.
7. Service Subscription Fees. You will be responsible for payment of the applicable fees for any Services (each, a “Subscription Fee”) at the time you create your Account and select your monthly package, as applicable (each, a “Service Commencement Date”). All fees for the Tasks and Services are non-refundable. No contract will exist between you and the Company for the Services until the Company accepts your order by a confirmatory email, text message, via the App, or other appropriate means of communication.
8. Billing Cycle. Your Service will automatically renew each billing cycle and you will be automatically billed using the credit card information you provide at the time you signed up for your Service. You will not be notified of the renewal prior to being billed, however you can always view your billing cycle dates in the Account tab in the HeyThrivy app. Therefore you consent and allow HeyThrivy to charge your credit card each billing cycle unless and until you notify HeyThrivy that you wish to cancel your subscription. Once a subscription has been billed, there are no refunds unless there was an error committed by HeyThrivy in billing.
9. Automatic Renewal and Cancellation. Your subscription will continue indefinitely until cancelled in accordance with this section. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “renewal commencement date”) and continue for an additional equivalent period, at the company’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the renewal commencement date by contacting us via email (email@example.com). If you do not wish your Account to renew automatically, or if you want to change or cancel your subscription, please contact us via email (firstname.lastname@example.org). If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if the Company does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
10. Payment. We partner with Stripe to manage payments; by using our Service you agree to provide Stripe with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) and also agree to Stripe's [Terms of Service] (https://stripe.com/us/terms). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities. By providing Stripe with your credit card number and associated payment information, you agree that the Company is authorized to immediately invoice your Account for all fees and charges due and payable to the Company. You agree to update your payment details in Stripe is there is any change in your billing address or the credit card used for payment.
You also commit to honoring any charges from the Additional Account Holder on your account. You additionally agree to pay our 3.0% fee on all goods and services purchased on your behalf; this fee is to cover the miscellaneous payment processing fees which we are required to pay when paying vendors.
You must comply with third party cancellation policies including restaurants and spa appointments. While we do not pick vendors based on commissions, we may sometimes be paid a finder’s fee or commission from a vendor.
11. Cancellation and Refunds. There will be no refunds for Services properly billed under this Service Agreement. There will also be no refunds for charges related to subscription fees, third party vendors, service providers, or merchandise purchased upon request and on your behalf. When you ask HeyThrivy representatives to make purchases on your behalf, you acknowledge and agree that under no circumstances will HeyThrivy, or any of its representatives, be held liable, in any manner, for the product or service being purchased on your behalf. Please review all refund policies with the service providers you intend for HeyThrivy to retain on your behalf, and the exchange policies for all purchases made on your behalf, PRIOR to asking HeyThrivy to make any purchases of any kind on your behalf. HeyThrivy will not be held accountable, liable or responsible in any way for any purchases on your behalf that are lost during shipping, hand-delivery, tickets arriving late, goods damaged in the mail, or other consequential damages. HeyThrivy is not liable for any breach of data so long as it maintained industry-standard policies in regards to protecting sensitive information.
You agree to be aware of and comply with any third party cancellation policies including restaurants, spa appointments, etc and agree to pay any applicable cancellation fees associated if you do not comply with policies.
12. Charges on Your Behalf. Any fees listed by HeyThrivy are for services rendered directly by HeyThrivy and do not include charges for third party vendors, service providers or merchandise purchased upon request. Any fees (other than Subscription) that are charged through HeyThrivy and then charged back to your account will include a 3% Service Fee.
13. Passwords and Account Access. You agree not to give anyone else access to your account including username and password. Additional Account Holders are only to be added through your account in the Service App and will be subject to the terms of this Service Agreement.
14. Termination of Service. At our sole discretion, we can terminate, limit, or suspend your right to use the HeyThrivy Platform if we believe you have breached this agreement. Termination, limitation, or suspension will be effective when we deliver notice of the breach to you.
15. Use of Feedback Submitted. Any suggestions, comments or other feedback you give us about HeyThrivy services and HeyThrivy app (the "Feedback") will constitute information for our use. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
16. No Warranties. The HeyThrivy Platform and Services are provided “as is,” with all faults, and HeyThrivy makes no express or implied representations or warranties, of any kind related to the HeyThrivy Platform or the materials contained on the Website, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus. Additionally, nothing contained on the Website will be construed as providing consult or advice to you.
We take no responsibility and assume no liability for any Content that you or any other user or third party posts or transmits using the Website. You understand and agree that you may be exposed to Content that is inaccurate or otherwise unsuited to your purpose.
HeyThrivy does not warrant any goods or services purchased on your behalf.
HeyThrivy provides background and credit checks on its representatives but does not provide any warranties or guarantees regarding its representative’s accreditation, registration, or professional licenses.
17. Limitations on Services. By agreeing to the terms of this Service Agreement, you acknowledge and agree that there are inherent limitations to the services HeyThrivy is able to provide through your Service. HeyThrivy will not make illegal purchases on your behalf or represent you in any unlawful or illegal way. For purchases made on your behalf, HeyThrivy nor its employees will not be held accountable or liable for returns, refunds, or guarantees on behalf of the products or services being purchased. HeyThrivy will also not provide false information on your behalf for any reason or be liable for any of your personal, business, financial or other actions. HeyThrivy is not a personal driving or transportation service company. While HeyThrivy may arrange for transportation services on your behalf (through a recognized carrier such as a licensed town-car service or taxi company), HeyThrivy will not provide for the direct transportation of children or other individuals. HeyThrivy will also not transport pets unless special arrangements have been made in advance (at the sole discretion of HeyThrivy). HeyThrivy reserves the right to refuse to perform any task or service that it views, in its sole discretion, beyond the scope of accepted personal concierge duties.
18. Limitation of Liability. To the maximum extent permitted by law, we will not be liable to you for anything arising out of or in any way connected with your use of the HeyThrivy Platform or Services, whether such liability is under contract, tort, or otherwise, and we will not be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of the HeyThrivy Platform or Services. This limitation includes damages or loss resulting from (a) your access to or use of or inability to access or use the HeyThrivy platform; (b) any conduct or content of any third party on the HeyThrivy platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your transmissions or content. In no event will HeyThrivy's aggregate liability for all claims relating to the HeyThrivy platform exceed one hundred U.S. dollars (U.S. $100.00).
19. Indemnification. You indemnify HeyThrivy to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of this Service Agreement.
20. General Terms
For any dispute you have with HeyThrivy, you agree to first contact us and attempt to resolve the dispute with us informally. If HeyThrivy has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Service Agreement by binding arbitration by the American Arbitration Association under its rules for consumer-related disputes. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the HeyThrivy Platform.
All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that by entering into these terms, you and HeyThrivy are each waiving the right to a trial by jury or to participate in a class action.
To the extent any claim, dispute, or controversy regarding HeyThrivy or the Services isn’t arbitrable under applicable laws or otherwise, we both agree that any claim or dispute regarding HeyThrivy will be resolved exclusively in accordance with the jurisdiction provision below.
Jurisdiction, Conformance, and Severability
This Service Agreement is intended to be construed under the laws of Washington State. Washington State courts will have exclusive jurisdiction.
If any provision of this Service Agreement violates any statute or rule of law of Washington State, it is considered modified to conform to that statute or rule of law.
If any part of the Service Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
Contact Us: If you have any questions about these Terms, please contact us at Hello@HeyThrivy.com.