Terms and conditions - Thrive

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CONTENTS LEGAL WARNING ..................................................................................................................................... 2 RISK OF REGULATORY ACTIONS IN ONE OR MORE JURISDICTIONS ....................................................... 2 RISK OF INSUFFICIENT INTEREST IN THE THRIVE PLATFORM OR DISTRIBUTED APPLICATIONS ............. 2 RISK THAT THE THRIVE LABS PLATFORM, AS DEVELOPED, WILL NOT MEET THE EXPECTATIONS OF USER ........................................................................................................................................................ 3 RISK OF WEAKNESSES OR EXPLOITABLE BREAKTHROUGHS IN THE FIELD OF CRYPTOGRAPHY ............. 3 RISK OF RAPID ADOPTION AND INCREASED DEMAND ........................................................................... 4 RISK OF RAPID ADOPTION AND INSUFFICIENCY OF COMPUTATIONAL APPLICATION PROCESSING POWER ON THE THRIVE PLATFORM ....................................................................................................... 4 RISK OF TEMPORARY NETWORK INCOHERENCE .................................................................................... 4 DISPUTE RESOLUTION ............................................................................................................................. 5 FORCE MAJEURE ..................................................................................................................................... 5 SECURITY WARNINGS.............................................................................................................................. 6

1|THRIVE TERMS & CONDITIONS V0.1

LEGAL WARNING The Following Terms and Conditions (“Terms”) govern the use of the Thrive Labs software (“Thrive Labs Platform”). Prior to any use of the Thrive Labs Platform, the User confirms to understand and expressly agrees to all of the Terms and Conditions that follow.

All capitalized terms in this agreement will be given the same effect and meaning as in the Terms.

The group of developers and other personnel that is now, or will be, employed by Thrive is termed the “Thrive Team.”

The user acknowledges the following serious risks to any use of Thrive’s Platform and expressly agrees to neither hold Thrive’s Team nor the Thrive Advisor liable should any of the following risks occur:

RISK OF REGULATORY ACTIONS IN ONE OR MORE JURISDICTIONS The Thrive Labs Platform could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Thrive to continue to develop the Thrive Platform, or which could impede or limit the ability of a User to use Thrive Labs Platform. RISK OF ALTERNATIVE, UNOFFICIAL THRIVE NETWORKS

It is possible that alternative Thrive -based networks could be established, which utilize the same open source code and open source protocol underlying the Thrive Labs Platform. The Thrive network may compete with these alternative, Thrive -based networks, which could potentially negatively impact the Thrive Platform.

RISK OF INSUFFICIENT INTEREST IN THE THRIVE PLATFORM OR DISTRIBUTED APPLICATIONS It is possible that the Thrive Labs Platform will not be used by a large number of external businesses, individuals, and other organizations and that there will be limited public interest in the creation and development of distributed applications. Such a lack of interest could impact upon the development of the Thrive Labs Platform and its potential usage. It cannot predict the success of its own development efforts or the efforts of other third parties.


RISK THAT THE THRIVE LABS PLATFORM, AS DEVELOPED, WILL NOT MEET THE EXPECTATIONS OF USER The User recognizes that the Thrive Platform is under development and may undergo significant changes before release. The User acknowledges that any expectations regarding the form and functionality of the Thrive Labs Platform held by the user may not be met upon release of the Thrive Labs Platform, for any number of reasons including a change in the design and implementation plans and execution of the implementation of the Thrive Labs Platform. RISK OF SECURITY WEAKNESSES IN THE THRIVE LABS PLATFORM CORE INFRASTRUCTURE SOFTWARE

There is a risk that the Thrive Team or the Thrive Advisor, or other third parties not directly affiliated with Thrive, may introduce weaknesses or bugs into the core infrastructural elements of the Thrive Platform causing the system to lose coins stored in one or more User accounts or other accounts or lose sums of other valued tokens issued on the Thrive Labs Platform.

RISK OF WEAKNESSES OR EXPLOITABLE BREAKTHROUGHS IN THE FIELD OF CRYPTOGRAPHY Cryptography is an art, not a science. And the state of the art can advance over time. Advances in code cracking, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies and the Thrive Labs Platform, which could result in the theft or loss of coins or tokens. To the extent possible, Thrive Labs intends to update the protocol underlying the Thrive Labs Platform to account for any advances in cryptography and to incorporate additional security measures, but it cannot predict the future of cryptography or guarantee that any security updates will be made in a timely or successful manner. RISK OF ETHER MINING ATTACKS

As with other cryptocurrencies, the blockchain used for the Thrive Labs Platform is susceptible to mining attacks, including but not limited to: •

Double-spend attacks

•

Majority mining power attacks,

•

“Selfish-mining” attacks

•

Race condition attacks.

Any successful attacks present a risk to the Thrive Labs Platform, expected proper execution and sequencing of ETH transactions, and expected proper execution and sequencing of contract


computations. Despite the efforts of the Thrive Labs Team, known or novel mining attacks may be successful.

RISK OF RAPID ADOPTION AND INCREASED DEMAND If the Thrive Labs Platform is rapidly adopted, the demand for coins could rise dramatically and at a pace that exceeds the rate with which coins miners can create new ones. Under such a scenario, the entire Thrive Platform could become destabilized, due to the increased cost of running distributed applications. In turn, this could dampen interest in the Thrive Labs Platform. Instability in the demand of for coins may lead to a negative change of the economical parameters of a Thrive Labs based business which could result in the business being unable to continue to operate economically or to cease operation.

RISK OF RAPID ADOPTION AND INSUFFICIENCY OF COMPUTATIONAL APPLICATION PROCESSING POWER ON THE THRIVE PLATFORM If the Thrive Labs Platform is rapidly adopted, the demand for transaction processing and distributed application computations could rise dramatically and at a pace that exceeds the rate with which coins miners can bring online additional mining power. Under such a scenario, the entire Thrive Platform could become destabilized, due to the increased cost of running distributed applications. In turn, this could dampen interest in the Thrive Platform and its coins. Insufficiency of computational resources and an associated rise in the price of coins could result in businesses being unable to acquire scarce computational resources to run their distributed applications. This would represent revenue losses to businesses or worst case, cause businesses to cease operations because such operations have become uneconomical due to distortions in the crypto-economy.

RISK OF TEMPORARY NETWORK INCOHERENCE We recommend any groups handling large or important transactions to maintain a voluntary 24 hour waiting period on any ether or coin deposited. In case the integrity of the network is at risk due to issues in the clients, we will endeavor to publish patches in a timely fashion to address the issues. We will endeavor to provide solutions within the voluntary 24 hour waiting period.


DISPUTE RESOLUTION All disputes or claims arising out of, relating to, or in connection with the Terms, the breach thereof, or use of the Thrive Labs Platform shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. All claims between the parties relating to these Terms that are capable of being resolved by arbitration, whether sounding in contract, tort, or otherwise, shall be submitted to ICC arbitration. Prior to commencing arbitration, the parties have a duty to negotiate in good faith and attempt to resolve their dispute in a manner other than by submission to ICC arbitration. The arbitration panel shall consist of one arbitrator only, unless the ICC Court of Arbitration determines that the dispute is such as to warrant three arbitrators. If the Court determines that one arbitrator is sufficient, then such arbitrator shall be a Swiss resident. If the Court determines that three arbitrators are necessary, then each party shall have 30 days to nominate an arbitrator of its choice -- in the case of the Claimant, measured from receipt of notification of the ICC Court’s decision to have three arbitrators; in the case of Respondent, measured from receipt of notification of Claimant’s nomination. All nominations must be a Swiss resident. If a party fails to nominate an arbitrator, the Court will do so. The Court shall also appoint the chairman. All arbitrators shall be and remain “independent” of the parties involved in the arbitration. The place of arbitration shall be Zug, Switzerland. The language of the arbitration shall be English. In deciding the merits of the dispute, the tribunal shall apply the laws of Switzerland and any discovery shall be limited and shall not involve any depositions or any other examinations outside of a formal hearing. The tribunal shall not assume the powers of amiable compositeur or decide the case ex aequo et bono. In the final award, the tribunal shall fix the costs of the arbitration and decide which of the parties shall bear such costs in what proportion. Every award shall be binding on the parties. The parties undertake to carry out the award without delay and waive their right to any form of recourse against the award in so far as such waiver can validly be made.

FORCE MAJEURE Thrive Labs is finally not liable for: •

Unavoidable casualty

•

Delays in delivery of materials

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Embargoes

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Government orders

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Acts of civil or military authorities

•

Lack of energy


SECURITY WARNINGS You are responsible for your own actions. If you mess something up or break any laws while using this software, it's your fault, and your fault only. You are responsible for your own computer security. If your machine is compromised you will lose your coins or tokens, access to any contracts and possibly more. You are responsible for your own karma. Don't be a jerk and respect the rights of others. What goes around comes around. Acknowledgment, Acceptance of all Risks and Disclaimer of Warranties and Liabilities THE USER EXPRESSLY KNOWS AND AGREES THAT THE USER IS USING THE Thrive Labs PLATFORM AT THE USER’S SOLE RISK. THE USER REPRESENTS THAT THE USER HAS AN ADEQUATE UNDERSTANDING OF THE RISKS, USAGES AND INTRICACIES OF CRYPTOGRAPHIC TOKENS AND BLOCKCHAIN-BASED OPEN SOURCE SOFTWARE, ETH PLATFORM AND ETH or ALTCOINS. THE USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO RISKS OF, USE OF, OR INABILITY TO USE, COINS OR THE Thrive Labs PLATFORM UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT Thrive Labs TEAM NOR THRIVE Labs Advisors SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO A USER. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY USER OR EXCLUDE INJURY ARISING FROM ANY WILLFUL MISCONDUCT OR FRAUD OF Thrive Labs.
