These Terms of Service are the agreement between you and the company behind iThriive. They explain what iThriive does and doesn't do, how the free trial and paid plans work, what we expect from you, and what you can expect from us. Please read them carefully, especially the sections on medical care, AI features, the free trial and the deletion of unpaid accounts, and the limits of our liability.
iThriive is not an emergency service and cannot help in an emergency. If you think you may be having a medical emergency, or you are thinking about harming yourself, call your local emergency number immediately (911 in the United States and Canada, or 112 in India), or contact a crisis line such as 988 in the United States and Canada or Tele-MANAS at 14416 in India.
- Wellness, not medicine.iThriive is a planning and general-wellness app. It is not a medical device and does not diagnose, treat or monitor any condition.
- Thriive is an AI.Thriive's answers are generated by AI, can be wrong and are not professional advice. Using Thriive is optional and needs your separate consent.
- 14 days free, then choose a plan.The trial starts when you create your account and costs nothing. To keep using iThriive afterwards you choose Access, Plus or Pro, bought and cancelled through the App Store or Google Play.
- Unpaid accounts are deleted.If you don't choose a plan, your account and its data are deleted about 28 days after sign-up, at least 14 days after we tell you the trial has ended. You can export your data first.
- Your calendars stay untouched.iThriive copies events from the calendars you connect. It never adds, changes or deletes anything in them.
1Your agreement with us
These Terms of Service (the "Terms") form a legally binding agreement between you and Metricsnumero Technology Solutions Ltd., a corporation incorporated under the laws of Ontario, Canada, with its office at 850-36 Toronto St, Toronto, Ontario M5C 2C5, Canada ("Metricsnumero", "we", "us" or "our"). They govern your access to and use of the iThriive mobile application, its AI assistant "Thriive", the related application programming interface, our website at www.ithriive.com and these legal pages, and any related services we provide (together, the "Service").
You accept these Terms by ticking the box that says you agree to them when you start using the Service. If you do not agree, do not use the Service.
These Terms are also available in French: Conditions d’utilisation (version française).
Our Privacy Policy and, where it applies to you, our Consumer Health Data Privacy Policy explain how we handle personal information. They are separate documents, but you should read them with these Terms.
Nothing in these Terms limits any right you have under consumer-protection or other laws of the place where you live that cannot be limited or excluded by contract. Where these Terms conflict with such a law, the law prevails.
2Who can use iThriive
To use the Service, you must:
- be at least 16 years old, or at least 18 years old if you live in India;
- if you are under the age of majority where you live, have your parent or legal guardian review and agree to these Terms with you, and use the Service only with their permission;
- be able to form a binding contract under the law that applies to you or, if you are under the age of majority where you live, have your parent's or legal guardian's permission as described above;
- live in, and use the Service from, the United States, Canada or India, the only countries where the Service is currently offered. It is not offered anywhere else, including the European Economic Area, the United Kingdom and Switzerland;
- not be prohibited from using the Service under the laws of Canada, the United States or any other applicable jurisdiction, including sanctions and export-control laws; and
- not have had your access to the Service previously terminated by us for a breach of these Terms.
The Service is for personal, non-commercial use by individuals managing their own schedule, health and fitness. It is not intended for use by healthcare providers, coaches or employers to manage other people's care or data.
3The Service
iThriive is a planning and wellness app. It lets you bring copies of your calendar events and your health and fitness data together; plan your days around your commitments, goals, sleep and recovery; keep notes and tasks; track workouts, meals, water, habits, goals and anything else you choose to track, such as mood, energy or stress; record short morning and evening check-ins; run simple personal experiments; see a daily readiness estimate and patterns in your own data; and, if you choose, talk to Thriive, an AI assistant that can answer questions, write daily briefings and act on your iThriive account when you ask it to.
Which features you can use depends on your plan (see section 11). We work continuously to improve the Service and may add, change or remove features. We will give you reasonable notice before removing a feature that is central to the Service or to a plan you have paid for, unless we need to act sooner for security, legal or safety reasons. Some features may be offered to some users before others.
Pre-release versions
If you use a pre-release or test version of the Service (for example through Apple TestFlight or a Google Play testing track), it may contain errors, be changed or withdrawn at any time, and be less reliable than a public release. Please don't rely on a pre-release version for anything important, and treat any non-public feature you see as confidential.
4Not medical care
iThriive provides general wellness, fitness and planning information. It does not provide medical advice, diagnosis or treatment, and it is not a substitute for the advice of a doctor, dietitian or other qualified healthcare professional.
- No healthcare relationship. Using the Service does not create a doctor-patient or any other healthcare-provider relationship between you and us or anyone else. We are not a healthcare provider.
- Not a medical device. The Service is intended only for general wellness: to help you plan, keep track of healthy habits and understand your own data. It is not intended to diagnose, treat, cure, monitor, mitigate or prevent any disease or medical condition, and it has not been evaluated, cleared or approved as a medical device by Health Canada, the United States Food and Drug Administration, India's Central Drugs Standard Control Organisation or any other regulator.
- Not mental-health care. Thriive is not a therapist, counsellor, psychologist or crisis service and does not provide therapy, counselling or any mental-health or behavioural-health treatment. Mood, stress and energy tracking and check-ins are for your own reflection, not an assessment of your mental health.
- Talk to a professional first. Consult a qualified healthcare professional before starting or changing any exercise programme, diet, calorie target, fasting or weight-loss plan, sleep routine or supplement, and especially if you are pregnant or breastfeeding, are under 18 or over 65, have or may have a medical condition (including diabetes, heart, kidney or blood-pressure conditions), take medication, or have or have had an eating disorder.
- Never ignore or delay medical advice because of something you read or were told in the Service. Never start, stop or change a medication because of the Service.
- Health-aware adjustments are cautions, not treatment. If you tell iThriive about a condition, medicine, pregnancy or breastfeeding, it makes its general figures more conservative and adds cautions. This does not mean it manages or treats that condition, and it does not replace advice from the professional who does.
- How the figures are calculated. Calorie and energy targets use the Mifflin-St Jeor equation with standard activity factors; heart-rate zones use the Tanaka estimate of maximum heart rate (208 − 0.7 × age) and, when your resting heart rate is known, the Karvonen method; body-mass index is read against World Health Organization ranges (and the lower Asian Indian ranges for users in India); one-repetition maximum is the average of the Epley and Brzycki formulas; hydration starts from about 35 ml per kg of body weight adjusted for activity. These are published population formulas. They give approximations that may not suit you, and the app shows how each figure is calculated.
- Readiness is an estimate. The daily readiness score, from 0 to 100, compares up to six signals with your own last 14 days: last night's sleep, heart rate variability, resting heart rate, bedtime consistency, yesterday's training and the energy you report in your check-in. 70 means a usual day for you. It is a wellness indicator based on consumer-device data, not a clinical measurement, and it can be wrong.
- Patterns and experiments are not medical findings. Patterns the app shows you are statistical associations in your own data (for example, that you report better mood after longer sleep). They do not show that one thing causes another. Experiments are personal self-tracking you run for yourself; they are not clinical trials or medical tests, and their results apply only to your own logged data.
- Device data may be wrong. Data from wearables, Apple Health, Health Connect, Strava and similar sources can be incomplete or inaccurate, and anything the Service tells you based on that data may be affected.
- Listen to your body. Stop exercising and seek medical help if you feel pain, faintness, dizziness, chest discomfort or shortness of breath. You participate in any physical activity at your own risk and are responsible for exercising within your own limits.
- Safety features have limits. Thriive is designed to recognise some signs that you may be at risk and to show crisis resources for your country, but it will not always recognise them, does not monitor you, and does not contact emergency services or anyone else on your behalf. The helplines it shows are chosen from your device's time zone, so when you travel they may be for another country.
5Thriive and other AI features
Thriive, AI-written daily briefings and evening reviews, meal estimates from a typed description, and enhanced voice transcription use artificial intelligence: large language and speech models provided by OpenAI. When you chat with Thriive you are interacting with an AI system, not a person, and the app reminds you of this under the message box at all times.
5.1 AI features are optional
The AI features work only if you give the separate, optional consent to share information with our AI provider described in the Privacy Policy. You can give or withdraw that consent at any time in Profile. Without it, the AI features are off and the rest of the Service keeps working; for example, briefings are then written from a template in the app rather than by AI. Withdrawing consent does not give back messages you have already used (see section 11.3).
5.2 AI makes mistakes
AI-generated content ("Output") is produced automatically and can be inaccurate, incomplete, out of date, inappropriate or inconsistent, even when it sounds confident. Output is not medical, legal, financial or other professional advice. You are responsible for evaluating Output, including checking it with a qualified professional where appropriate, before relying on it. Similar requests from different users can produce similar Output, so Output may not be unique to you. If a reply seems harmful, offensive or wrong, please report it from the reply itself so that our team can review it.
5.3 Thriive can act on your account
When you ask, Thriive can make changes to your iThriive account, such as logging workouts, meals, water, weight, habits or tracker values, recording goal check-ins, creating or changing goals, habits, notes, tasks and scheduling rules, proposing an experiment, updating your profile, and moving or cancelling items in your iThriive schedule, including imported calendar events you have unlocked (see section 7.2). Some actions happen immediately; others are shown to you as a proposal that you must approve. Thriive can misunderstand you. Please check what it does: the app shows each change, and you can undo recent actions. You are responsible for the changes you ask for or approve. Thriive never creates, changes or deletes anything in your Google, Outlook or device calendars, or in Apple Health, Health Connect or Strava.
5.4 Health information in conversations
Thriive works best when it knows relevant facts about you, but you decide what to share. Health information you include in a message is processed as described in the Privacy Policy, including by OpenAI to generate Thriive's replies.
5.5 Don't misuse the AI
You must not use Thriive to generate content that is unlawful or harmful, to obtain instructions for harming yourself or others, to get around its safety measures or reveal its instructions, or to use its Output to develop competing AI models.
6Your account
- You can create an account with an email address and password, or by signing in with Google or Apple. You must give accurate information and keep it up to date.
- Your account is for you alone. Don't share it or let anyone else use it.
- Keep your password and devices secure. You are responsible for activity on your account unless it results from our failure to take reasonable security measures.
- Tell us immediately at aisolutions@metricsnumero.com if you believe your account has been used without your permission.
7Connected services and calendars
7.1 Connected services
The Service can connect to services run by other companies, such as Apple Health, Health Connect, Google Calendar, Microsoft Outlook, your device calendars, Strava and Sign in with Google or Apple ("Connected Services"). By connecting one, you authorise us to read and use the data you allow, as described in the Privacy Policy. iThriive only reads from Connected Services. It never adds, changes or deletes anything in them, including events in your calendars and data in Apple Health, Health Connect or Strava.
Your use of each Connected Service is governed by that provider's own terms and privacy policy, and you must comply with them. We don't control Connected Services and are not responsible for their availability, accuracy, security or what their providers do with your information. A provider may change, limit or stop its service, or its connection with iThriive, which may affect the Service. You can disconnect a Connected Service at any time in the app.
7.2 Calendar events in iThriive
When you connect a calendar, iThriive copies its events into your iThriive schedule and keeps the copies up to date. For each connected calendar account you choose whether its imported events are locked (the default: iThriive plans around them and they can't be changed in iThriive) or unlocked, and you can lock or unlock a single event. An unlocked event can be moved, edited or removed in iThriive, by you or, when you ask or approve it, by Thriive or the planner. Those changes stay in iThriive only: the event in your own calendar is not changed, and other people invited to it are not told. If the event changes in your own calendar later, the calendar's version replaces your iThriive change for the details that changed. iThriive does not move events that involve other people automatically, even when unlocked. Your iThriive schedule may therefore differ from your real calendar; please check your own calendar for what other people expect of you.
8Your content
8.1 You own your content
"Your Content" means everything you put into the Service or that we receive from Connected Services on your behalf: your messages, notes, tasks, goals, logs, tracker entries, check-ins, experiments, profile, health details, memories, feedback and synced data. You keep all rights you have in Your Content.
8.2 The permission you give us
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, adapt and display Your Content, and to have our service providers (including, with your consent, OpenAI) do so on our behalf, only as needed to provide, secure, support and improve the Service for you and as described in the Privacy Policy. This licence ends when Your Content is deleted from our systems, as described in the Privacy Policy. We do not use Your Content to train generalised AI models and do not sell it.
8.3 Output
As between you and us, and to the extent permitted by law, you may use Output for any lawful personal purpose, and we assign to you any rights we may have in Output generated for you. This does not give you rights in our software, designs or other intellectual property.
8.4 Your responsibilities
You confirm that you have the right to provide Your Content, and that Your Content and our use of it under these Terms will not break any law or infringe anyone's rights. Don't put other people's sensitive information, such as their health information, into the Service without their permission.
8.5 Feedback
If you send us suggestions or ideas about the Service, we may use them without restriction or payment to you. This does not give us any additional rights over Your Content or your conversations, which remain governed by the Privacy Policy.
9Acceptable use
You must use the Service lawfully and responsibly. You must not, and must not help anyone else to:
- use the Service in a way that breaks any law or infringes anyone's rights, including privacy and intellectual-property rights;
- use the Service to provide professional, clinical or commercial services to others;
- access or try to access another person's account or data, or any part of the Service you are not authorised to use;
- probe, scan or test the vulnerability of the Service, or breach or get around any security, authentication, usage allowance or rate limit, except as part of a responsible disclosure to us at the address in section 21;
- create more than one account, or delete and re-create an account, to obtain additional free trials or AI messages;
- copy, modify, distribute, sell or lease any part of the Service, or reverse engineer, decompile or try to extract its source code, except where the law expressly permits this despite this restriction;
- access the Service with bots, scrapers or other automated means, or in a way that places an unreasonable load on it;
- introduce malware or interfere with the Service or other users' use of it;
- impersonate anyone or misrepresent your identity, age or affiliation; or
- use the Service to build a competing product, or to train or improve AI models.
10Our intellectual property and your licence
The Service, including its software, design, text, graphics, logos and the names "iThriive" and "Thriive", is owned by us or our licensors and is protected by copyright, trademark and other laws. Except for Your Content, all rights in the Service are reserved.
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use the app on devices you own or control, and to use the Service, for your personal, non-commercial purposes. Open-source components and open data in the app, such as food and exercise databases, are licensed under their own licences, which prevail for those components and are listed in the app under Profile, Licences.
11Free trial, plans and payment
11.1 The free trial
A new account starts with a free trial of 14 days, counted from the moment the account is created. The trial costs nothing and you do not give any payment details to start it. During the trial you can use planning, calendars, notes, habits, goals, tracking, check-ins and the other core features, and you can send 10 messages to Thriive in total (if you have given the AI consent described in section 5.1). Features listed below for Plus and Pro, such as AI-written briefings, enhanced voice transcription, Thriive's memory, meal estimates and experiments proposed by Thriive, are not part of the trial. Each email address can have one free trial: if an account is deleted, its email address cannot start another trial for 24 months (see the Privacy Policy).
11.2 Plans
To keep using iThriive after the trial, you choose one of these plans:
| Plan | Price (United States) | What it includes |
|---|---|---|
| Access | US$1.99 a year | Continued use of the core features described in section 11.1, and of your data. Access does not add Thriive messages: an Access account shares the 10 messages to Thriive that an account has for its whole life, including those used during the trial. |
| Plus | US$4.99 a month or US$52.99 a year | Everything in Access, plus 70 messages to Thriive each calendar month, AI-written morning briefings and evening reviews, enhanced voice transcription (up to 60 minutes a month), Thriive's memory, meal estimates from a description, and experiments proposed by Thriive. |
| Pro | US$9.99 a month or US$106.99 a year | Everything in Plus, with 150 messages to Thriive each calendar month. |
Prices in Canada and India, and any taxes, are set and shown by the App Store or Google Play in your local currency before you buy; the price the store shows you when you confirm is the price you pay. A "message to Thriive" is one message you send to Thriive that Thriive answers; a message that fails before Thriive answers is not counted. Monthly messages reset on the first day of each calendar month (UTC) and unused messages do not carry over. AI-written briefings, voice transcription and meal estimates do not use your messages, but have their own fair-use limits, which the app shows you. Plan features that depend on a feature still being introduced may not be available to everyone at the same time.
11.3 Buying, renewal and cancellation
- Through the stores only. Plans are sold only as in-app purchases through the Apple App Store or Google Play. We do not receive or store your card or bank details. Payment is charged to your Apple Account or Google account when you confirm the purchase.
- Automatic renewal. Every plan, Access included, is an auto-renewing subscription. It renews automatically for the same period (a month or a year) at the then-current price, and your store account is charged within the 24 hours before the current period ends, unless you turn off auto-renewal at least 24 hours before the end of the current period.
- How to cancel. You manage and cancel your plan in your store account: on iPhone, in Settings, then your name, then Subscriptions; on Android, in Google Play, then your profile picture, then Payments & subscriptions, then Subscriptions. Profile, Plan in the app links there. Cancelling stops the next renewal; you keep your plan until the end of the period you have paid for. Deleting your iThriive account does not cancel your subscription; cancel it in the store as well.
- Changing plans. All plans belong to one subscription group, so moving between them is an upgrade or downgrade handled and prorated by the store, not a second subscription.
- Price changes. If the price of your plan changes, the store tells you in advance and, where the store or the law requires, asks for your agreement before charging the new price. If you do not agree, the plan ends at the end of the current period.
- Refunds. Purchases are processed by Apple or Google under their own terms, and refund requests are handled by them: for the App Store at reportaproblem.apple.com, and for Google Play through Google Play's refund process. We cannot issue refunds for store purchases ourselves. This does not affect any right to a refund or cancellation you have under the consumer-protection law where you live.
- Restoring purchases. If you reinstall the app or change device, use Restore purchases on the Plans screen while signed in to the same store account.
11.4 If you don't choose a plan: deletion of unpaid accounts
iThriive keeps accounts only for people who use a plan. If you have not chosen a plan when your trial ends, your account and all its data are permanently deleted, as described below. You can export your data from Profile at any time before then.
- Trial accounts. When the 14-day trial ends without a plan, we tell you in the app and by push notification (if you allow notifications) that the trial has ended and on what date the account will be deleted. That date is at least 14 days later, which is day 28 after sign-up when everything runs on time, and never earlier. About 7 days before it, we remind you again and offer an export of your data. If you choose any plan before that date, nothing is deleted. On that date, an account that is still unpaid is deleted in the same way as if you had deleted it yourself.
- Plans that end. If a plan you paid for (including Access) ends and is not renewed, your account stays available with the features of the trial and your data is kept for 90 days. After that, the same 14-day notice and deletion apply unless you choose a plan.
- Deletion is permanent. We cannot restore a deleted account or its data. Make sure the app can reach you: deletion notices are shown in the app and sent as push notifications, not by email.
If you live in Québec, nothing in this section limits your rights under the Consumer Protection Act (Québec), including for distance contracts.
12Privacy
We handle personal information, including health information, as described in our Privacy Policy and, where it applies to you, our Consumer Health Data Privacy Policy. Processing health information requires your express consent, which you give separately from accepting these Terms, and sharing information with our AI provider requires a further, optional consent that you can withdraw in Profile.
13App stores
If you downloaded the app from the Apple App Store or Google Play, your use of the app and your purchases are also subject to that store's terms, including the Apple Media Services Terms and Conditions or the Google Play Terms of Service. If those terms conflict with these Terms on a matter they require to prevail, they prevail.
Additional terms for the Apple App Store
If you downloaded the app from the Apple App Store:
- These Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the app and its content.
- Your licence to use the app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- We are solely responsible for providing any maintenance and support for the app. Apple has no obligation whatsoever to provide maintenance or support for the app.
- We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app to you. To the maximum extent permitted by law, Apple has 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 are our responsibility, to the extent not effectively disclaimed.
- We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including (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, privacy or similar legislation, including in connection with the app's use of the HealthKit framework.
- In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual-property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
- You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
- Questions, complaints or claims about the app should be directed to us at the address in section 21.
- You must comply with applicable third-party terms when using the app, for example your wireless data service agreement.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
14Disclaimers
We provide the Service with reasonable skill and care, but we can't promise it will always be available, uninterrupted, secure or error-free, that it will meet your particular needs, or that Output, calculations, readiness estimates, patterns, assessments or data from Connected Services will be accurate or complete.
To the maximum extent permitted by applicable law, the Service and all Output are provided "as is" and "as available", and we disclaim all warranties, conditions and representations, express, implied or statutory, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement and accuracy, and any warranties arising from a course of dealing or usage of trade.
Some jurisdictions do not allow the exclusion of certain warranties or conditions. If you live in one of them, some of the exclusions above do not apply to you, and you have the warranties and guarantees that the law of your jurisdiction says cannot be excluded. If you live in New Jersey, this section and section 15 apply only to the extent permitted by New Jersey law.
15Limitation of liability
To the maximum extent permitted by applicable law: (a) neither we nor our directors, officers, employees, agents, licensors or service providers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill or data, arising out of or relating to these Terms or the Service, even if we have been told such damages are possible; and (b) our total liability for all claims arising out of or relating to these Terms or the Service is limited to the greater of the amount you paid for the Service in the twelve months before the event giving rise to the claim and one hundred Canadian dollars (CAD $100).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or intentional misconduct, or for breach of any non-excludable statutory right you have as a consumer. If you are a consumer in Québec, the limitations in this section do not apply to the extent they are prohibited by the Consumer Protection Act (Québec) or the Civil Code of Québec.
16Responsibility for misuse
To the extent permitted by applicable law, you agree to compensate us for reasonable losses, damages and costs (including reasonable legal fees) that we incur because of a third-party claim arising from your breach of these Terms, your misuse of the Service, or your violation of any law or anyone else's rights. This section does not apply to the extent a loss was caused by us, and does not apply to you if the law of the place where you live as a consumer does not permit it.
17Suspension, termination and deletion
17.1 By you
You can stop using the Service at any time and delete your account from your Profile settings in the app. If you can't use the app, you can ask us to delete it as explained at www.ithriive.com/delete-account. Deleting your account deletes your data as described in the Privacy Policy and cannot be undone. It does not cancel a store subscription (see section 11.3) and does not entitle you to a refund from us.
17.2 By us
We may suspend or end your access to the Service if you seriously or repeatedly breach these Terms, if we must do so to comply with the law or a request from a competent authority, or if your use of the Service creates a risk of harm to you, other people, us or the Service. Where reasonable, we will tell you in advance, explain why, and give you an opportunity to fix the problem or export your data. We may also stop offering the Service altogether; if we do, we will give you at least 30 days' notice, where reasonably possible, so that you can export your data, and we will stop renewals of paid plans.
17.3 Unpaid accounts
Accounts without a plan are deleted as described in section 11.4.
17.4 What survives
Sections that by their nature should continue after these Terms end will continue, including sections 4, 5.2, 8.3 to 8.5, 10, 11.3 (as to refunds), and 14 to 20.
18Changes to the Service and these Terms
We may update these Terms to reflect changes to the Service, our business or the law. If a change is material, we will tell you in the app and by email at least 30 days before it takes effect, showing the new wording, the wording it replaces and the date it applies, unless the change is required sooner by law or to protect users' safety or security, and the app will ask you to review and accept the updated Terms before you continue using the Service. You may refuse the change and close your account at no cost before it takes effect. Changes will not apply retroactively. If you do not agree to the updated Terms, you can stop using the Service and delete your account before they take effect. The version and date at the top of this page show which version is current.
If you accept these Terms for the first time before their effective date, for example because you create your account then, they apply to you from the moment you accept them; the notice period protects people who had already agreed to an earlier version, who remain under that version until the effective date.
19Governing law and disputes
19.1 Talk to us first
If you have a problem with the Service, please contact us first at aisolutions@metricsnumero.com. We will try in good faith to resolve it within 30 days. This does not prevent you from contacting a regulator or consumer-protection authority at any time.
19.2 Governing law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. However, if you are a consumer, you also keep the protection of any mandatory provisions of the law of the country, province or state where you live.
19.3 Courts
The courts of the Province of Ontario have jurisdiction over any dispute arising out of or relating to these Terms or the Service. If you are a consumer, you may also bring proceedings in the courts of the place where you live if the law of that place gives you that right, and nothing in these Terms limits any right you have to bring or take part in a class or representative proceeding where the law of the place you live protects that right.
19.4 India
If you live in India, you may also raise a complaint with our Grievance Officer named in the Privacy Policy, and nothing in these Terms limits your rights under the Consumer Protection Act, 2019 or the Digital Personal Data Protection Act, 2023.
20General terms
- Entire agreement. These Terms, together with the documents they refer to, are the entire agreement between you and us about the Service and replace any earlier agreements about it.
- Severability. If any part of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest of the Terms will remain in effect.
- No waiver. If we don't enforce a right immediately, we haven't given it up.
- Assignment. You may not transfer your rights or obligations under these Terms. We may transfer ours to another organisation in connection with a merger, acquisition, reorganisation or sale of assets, provided this does not reduce your rights; we will tell you if this happens.
- Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, pandemics, war, terrorism, labour disputes, government action, or failures of the internet, utilities or third-party infrastructure.
- Notices and electronic communications. We may send you notices by email to the address on your account, within the app or by push notification. You agree that agreements, notices and other communications we provide electronically satisfy any legal requirement that they be in writing. You can send us notices at the contact details in section 21.
- Relationship. These Terms do not create any partnership, employment, agency or fiduciary relationship between you and us.
- Third-party rights. Except as stated in section 13 for Apple, no one other than you and us has any rights under these Terms.
- Export and sanctions. You must comply with all export-control and sanctions laws that apply to your use of the Service.
- Language. These Terms are available in English and in French (Conditions d’utilisation). If you live in Québec, these Terms, our Privacy Policy and the wording you agree to in the app are presented to you in French first, and you may choose to be bound by the English version only after receiving the French one. Si vous résidez au Québec, les présentes conditions vous sont d’abord présentées en français. Both versions have equal force. A Spanish translation is provided for convenience only; if it differs from the English version, the English version prevails.
- Headings. Headings and summaries are for convenience only and do not affect the meaning of these Terms.
21Contact and support
For help with the app, see our support page at www.ithriive.com/support, or choose Contact support in Profile. Questions, complaints, legal notices and reports of security vulnerabilities about these Terms or the Service should be sent to:
Metricsnumero Technology Solutions Ltd. 850-36 Toronto St, Toronto, Ontario M5C 2C5, Canada Email: aisolutions@metricsnumero.comTo delete your account without the app, follow the steps at www.ithriive.com/delete-account.