Terms of Service

Our terms and conditions

1. Introduction

Overview of Media Thrive

Welcome to Media Thrive. We are a technology company dedicated to enhancing content delivery and audience engagement for media organizations. Our platform offers AI-driven solutions that transform written news into immersive audio and video formats. By featuring lifelike avatars and voice cloning of trusted hosts, we help news sites reach diverse audiences with content available in multiple languages and formats. Our services seamlessly integrate into your website, providing an enriched user experience directly on your platform.

Our mission is to empower media companies to connect more meaningfully with their audiences by providing innovative tools that enhance content delivery, personalization, and engagement.

Acceptance of Terms

By accessing or using the services provided by Media Thrive ("Services"), you ("Customer") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Media Thrive. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

You must be at least 18 years old and possess the legal capacity to enter into a binding agreement to use our Services. If you do not agree to these Terms, you must not access or use our Services.

Modification of Terms

Media Thrive reserves the right to update or modify these Terms at any time at its sole discretion. Any changes will become effective immediately upon posting the revised Terms on our website. We will make reasonable efforts to notify you of any significant changes, such as by sending a notification to the email address associated with your account or by placing a prominent notice on our website.

It is your responsibility to review these Terms periodically for any changes. Your continued use of the Services after any modifications signifies your acceptance of the revised Terms.


2. Definitions

For the purposes of these Terms, the following definitions apply:

  • "Media Thrive" refers to Media Thrive, Inc., including its subsidiaries, affiliates, officers, agents, and employees.

  • "Services" means all products and services provided by Media Thrive, including but not limited to automatic audio generation for news articles, human-curated AI video generation, comprehensive media monitoring, and any other services offered through our platform.

  • "Customer" refers to any individual or entity that registers for or uses the Services provided by Media Thrive.

  • "End-User" means any individual who accesses or interacts with the content provided by the Customer through the use of Media Thrive's Services.

  • "Content" includes all text, audio, video, images, data, and other materials generated, provided, or made available through the Services.

  • "Avatar Cloning" refers to the process of creating AI-driven, lifelike avatars that replicate the physical appearance and expressions of real individuals, used to present news content.

  • "Voice Cloning" means the technology that replicates the voice of a real individual to produce synthetic speech that closely resembles the original voice.

  • "Embedded JavaScript" is the JavaScript code provided by Media Thrive that Customers embed on their websites to integrate the Services and monitor End-User interactions.

  • "CDN" (Content Delivery Network) refers to the network of servers used by Media Thrive to efficiently distribute media content to End-Users. Terms of Service for Media Thrive


3. Eligibility and Account Registration

Eligibility Criteria

  • Legal Age Requirements

    To register for and use the Services provided by Media Thrive, you must be at least 18 years old. By creating an account, you represent and warrant that you are at least 18 years of age. If you are under 18, you are not permitted to access or use our Services.

  • Authority to Enter into Agreement on Behalf of an Organization

    If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. In such cases, the terms "you" and "your" refer to the entity. If you do not have such authority, you must not accept these Terms or use the Services on behalf of the entity.

Account Setup

  • Registration Process

    To access certain features of our Services, you are required to create an account. The registration process involves providing us with certain information, such as your name, email address, organization name, and other contact details. You agree to follow the prompts and provide all required information accurately and completely.

  • Providing Accurate and Complete Information

    You agree to provide true, accurate, current, and complete information about yourself and your organization as prompted by the registration process. You are responsible for maintaining and promptly updating your account information to keep it true, accurate, current, and complete. Media Thrive is not responsible for any liability or damages arising from your failure to provide accurate information.

Account Security

  • Responsibility for Account Activity

    You are solely responsible for all activities that occur under your account, whether authorized by you or not. This includes any actions taken by individuals or entities who have obtained access to your account, whether through your negligence or otherwise.

  • Obligation to Maintain Confidentiality of Login Credentials

    You are responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree not to disclose your login credentials to any third party. If you suspect any unauthorized access to or use of your account, you must notify Media Thrive immediately at [email protected].


4. Description of Services

Automatic Audio Generation

  • Conversion of Text Articles into Audio

    Media Thrive offers a service that automatically converts your text-based news articles into high-quality audio formats. This allows your audience to consume your content audibly, providing an alternative and accessible means of engagement.

  • Text Adaptation Features

    Our platform includes text adaptation features that may modify or optimize your articles to enhance clarity and flow when converted to audio. These adaptations are designed to preserve the original message while improving the listening experience.

  • Voice Cloning Capabilities

    We provide voice cloning technology that replicates the voices of your existing hosts or designated speakers. This feature ensures consistency with your brand identity and offers a familiar auditory experience for your audience. Use of voice cloning requires you to obtain all necessary consents and comply with applicable laws.

Human-Curated AI Video Generation

  • Creation of Branded Video Content

    Media Thrive enables the creation of AI-generated video content that aligns with your brand. This service produces videos that can be seamlessly integrated into your platforms, enhancing your content offerings.

  • Use of AI Avatars Resembling Media Hosts

    Our AI technology allows for the creation of lifelike avatars that resemble your media hosts. These avatars can present news content, providing a personalized and engaging visual experience. You are responsible for obtaining explicit consent from individuals whose likenesses are used.

  • Inclusion of Dynamic B-Rolls

    The videos generated may include dynamic b-roll footage that complements the main content. This feature enhances the visual appeal and engagement level of the videos.

  • Multilingual Support

    Our Services support multiple languages, allowing you to deliver content to a diverse, global audience. This feature helps you expand your reach and cater to different language preferences.

Comprehensive Media Monitoring

  • Tracking Global News Sources

    Media Thrive offers tools to monitor news sources from around the world. This service helps you stay informed about global events and trends relevant to your industry or interests.

  • Content Suggestion Algorithms

    Our platform utilizes algorithms to suggest relevant content based on your specified interests and historical preferences. This assists you in curating and delivering timely and pertinent content to your audience.

  • Real-Time Alerts on Selected Topics

    You can set up real-time alerts for specific topics of interest. This feature ensures you receive immediate notifications about developments in areas that matter to you.

Integration and Embedding

  • JavaScript-Based Embedding Process

    We provide a JavaScript code snippet that you can embed into your website or application. This code enables the integration of our audio and video content directly into your platforms, offering a seamless user experience.

  • Compatibility with Customer Websites

    Our embedding process is designed to be compatible with a wide range of website platforms and technologies. We provide documentation and support to assist you with the integration process and to address any compatibility issues.

Media Delivery via CDN

  • Fast and Reliable Content Distribution

    All media content generated through our Services is delivered via Media Thrive's Content Delivery Network (CDN). The CDN ensures that your content is delivered quickly and efficiently to your audience, regardless of their geographic location.

  • Scalability and Performance Features

    Our CDN infrastructure is built to handle varying levels of traffic, scaling seamlessly to accommodate high demand. This ensures consistent performance and availability of your content, even during peak usage times. Terms of Service for Media Thrive


5. Avatar and Voice Cloning

Permissions and Consents

  • Requirement of Explicit Consent from Individuals

    Before utilizing our Avatar and Voice Cloning Services, you must obtain explicit, written consent from any individual whose likeness or voice will be used. This consent must comply with all applicable laws and regulations, including rights of privacy, publicity, and intellectual property. You are responsible for maintaining records of all obtained consents and providing copies to Media Thrive upon request.

  • Legal Documentation Support Provided by Media Thrive

    Media Thrive may offer guidance and templates to assist you in preparing the necessary consent documents. However, this support is for informational purposes only and does not constitute legal advice. You are solely responsible for ensuring that all legal requirements are met and that the consents obtained are valid and enforceable.

Use of Customer-Provided Media Files

  • Guidelines for Submitting Media Files

    When submitting media files for Avatar and Voice Cloning Services, you must adhere to the following guidelines:

    • Quality Standards: Provide high-quality audio and video recordings that meet our technical specifications.
    • Content Restrictions: Ensure that the media does not contain any offensive, illegal, or infringing material.
    • Format Requirements: Submit files in the formats specified by Media Thrive to facilitate processing.
  • Assurance of Lawful Ownership and Rights

    By submitting media files, you represent and warrant that:

    • You own all rights, titles, and interests in the media files, or have obtained all necessary rights and permissions to use them.
    • The use of the media files by Media Thrive for the purposes of providing the Services does not and will not infringe upon or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
    • You agree to indemnify, defend, and hold harmless Media Thrive from any claims, liabilities, damages, or expenses arising from your breach of these representations and warranties.

Customization and Adaptability

  • Physical Appearance Replication

    Our Avatar Cloning technology can create lifelike avatars that replicate the physical appearance of the individuals featured in the provided media files. This includes replicating facial features, gestures, and other identifiable characteristics to maintain brand consistency and audience familiarity.

  • Facial Expressions and Tone Adjustments

    The avatars can be programmed to exhibit a range of facial expressions and vocal tones to match the context and emotion of the content. This adaptability enhances the engagement and relatability of the media content delivered to your audience.

Data Storage and Security

  • Secure Storage of Avatar and Voice Data

    All avatar and voice data derived from your media files are stored securely using industry-standard encryption and security measures. We implement administrative, technical, and physical safeguards to protect your data from unauthorized access, disclosure, alteration, or destruction.

  • Exclusive Use for Customer's Content Production

    The avatar and voice models created from your media files are used exclusively for generating content for your use. Media Thrive will not use, share, or disclose your avatar or voice data for any other purposes without your explicit written consent.


6. Data Storage and Security

AI Model Training

  • Use of Customer Data Solely for Model Training

    The data you provide, including media files and other content, will be used solely for the purpose of training AI models to deliver the Services to you. We do not use your data to train models for other customers or for any purposes outside the scope of providing Services to you.

  • Exclusivity of AI Models for Each Customer

    AI models developed using your data are exclusive to your account. These models are not shared with or accessible to other customers, ensuring that your content and branding remain unique to your organization.

Encryption and Protection Measures

  • Industry-Standard Encryption Protocols

    We employ industry-standard encryption protocols to safeguard your data:

    • Data at Rest: Your data is encrypted using robust encryption algorithms (such as AES-256) when stored on our servers.
    • Data in Transit: All data transmitted between you and Media Thrive is encrypted using Secure Sockets Layer (SSL) or Transport Layer Security (TLS) protocols.
  • Prevention of Unauthorized Access

    Access to your data is restricted to authorized personnel who require it to perform their job functions. We implement access controls, authentication protocols, and regular security assessments to prevent unauthorized access and ensure the integrity of your data.

Data Retention Policy

  • Duration of Data Storage

    We retain your data only for as long as necessary to fulfill the purposes outlined in these Terms or as required by law. The standard retention period is defined as follows:

    • Active Service Period: Data is retained for the duration of your active use of the Services.
    • Post-Termination Period: Upon termination of Services, data is retained for a period necessary to comply with legal obligations or to resolve disputes, typically not exceeding 180 days.
  • Procedures for Data Deletion Upon Request

    You have the right to request the deletion of your data at any time. To initiate a deletion request:

    1. Submit a Written Request: Contact us at [email protected] with your deletion request, providing sufficient information to verify your identity and authority.
    2. Verification and Processing: We will verify your request and identity. Upon successful verification, we will proceed to delete your data from our systems.
    3. Confirmation: We will provide written confirmation once the data deletion process is completed.

    Please note that certain data may be exempt from deletion requests if required to be retained for legal compliance, dispute resolution, or enforcement of agreements.

Terms of Service for Media Thrive


7. Embedded JavaScript and End-User Tracking

Media Usage Tracking

  • Logging of Audio and Video Interactions

    Media Thrive provides a JavaScript code snippet ("Embedded JavaScript") that you integrate into your website to facilitate the delivery of our Services. This code enables the logging of End-User interactions with the audio and video content provided through our platform.

  • Metrics Collected

    The Embedded JavaScript collects metrics such as play, pause, completion rates, and repeat interactions. These metrics help you understand how your audience engages with your content, allowing for optimization of user experience and content strategy.

User Fingerprinting

  • Creation of Anonymous End-User Fingerprints

    To analyze user interactions without collecting personally identifiable information ("PII"), the Embedded JavaScript creates anonymous, unique identifiers (fingerprints) for End-Users. This method allows tracking of user behavior across sessions while maintaining user anonymity.

  • Compliance with GDPR and Privacy Regulations

    Media Thrive is committed to complying with the General Data Protection Regulation ("GDPR") and other applicable privacy laws. The data collected through the Embedded JavaScript does not include PII and is processed in a manner that respects user privacy and data protection rights. For detailed information, please refer to our GDPR Compliance Policy and Privacy Policy available on our website.

Behavioral Analysis

  • Analysis of Content Preferences and Trends

    The aggregated data collected is used to analyze content preferences and trends among your audience. This analysis assists you in understanding which types of content are most engaging, enabling you to tailor your offerings accordingly.

  • Personalization of Content Recommendations

    Based on the behavioral analysis, Media Thrive provides insights and tools that allow you to personalize content recommendations for your End-Users, enhancing engagement and satisfaction.

Machine Learning Improvements

  • Use of Aggregated, Anonymized Data

    Aggregated, anonymized data from End-User interactions may be used to improve and refine Media Thrive’s machine learning models. This data helps us enhance the quality and relevance of the Services we provide.

  • Enhancement of Recommendation Algorithms and User Experience

    Improvements to our algorithms contribute to a better End-User experience by delivering more accurate content recommendations and optimizing media content generation across customer websites.


Please note that our detailed Cookie Policy is provided in a separate document. The following is a summary relevant to these Terms.

Use of Cookies

  • Types of Cookies Used

    Media Thrive and its partners may use cookies and similar tracking technologies on our websites and Services. These may include:

    • Functional Cookies: Necessary for the operation of our Services.
    • Analytical Cookies: Used to understand how users interact with our Services to improve functionality and user experience.
  • Purpose of Cookies in Improving User Experience

    Cookies help us enhance the functionality of our Services, remember user preferences, and provide analytics that improve the overall user experience.

  • Cookie Consent Banner Implementation

    We implement a cookie consent banner on our websites and embedded services to inform users about the use of cookies and to obtain their consent where required by law.

  • Options for Users to Manage Cookie Preferences

    Users can manage their cookie preferences through the consent banner or by adjusting their browser settings. Instructions on how to manage cookies are provided in our Cookie Policy.

Third-Party Cookies

  • Disclosure of Any Third-Party Cookie Usage

    We may use third-party service providers that set cookies on our behalf to perform analytics and other functions necessary for delivering our Services.

  • Links to Third-Party Privacy Policies

    For information about how these third parties handle data, please refer to their respective privacy policies linked in our Cookie Policy.


9. GDPR Compliance

Please note that our detailed GDPR Compliance Policy is provided in a separate document. The following is a summary relevant to these Terms.

Data Transparency

  • Information on Data Collected and Processing Purposes

    Media Thrive is committed to transparency about the data we collect and how it is used. We collect data to provide and improve our Services, as described in our Privacy Policy.

  • Access to Privacy Policy Detailing Data Practices

    Our Privacy Policy provides detailed information about our data collection, use, disclosure, and protection practices. It is available on our website.

User Rights

  • Right to Access Personal Data

    Users have the right to request access to the personal data we hold about them.

  • Right to Data Portability and Deletion

    Users may request the portability or deletion of their personal data, subject to certain conditions and exceptions as outlined in our GDPR Compliance Policy.

  • Procedures for Exercising Rights

    Instructions for exercising these rights are provided in our GDPR Compliance Policy and Privacy Policy.

  • Obtaining Explicit Consent Where Required

    Where required by law, we obtain explicit consent from users before collecting or processing their personal data.

  • Process for Withdrawing Consent

    Users may withdraw their consent at any time by following the procedures outlined in our GDPR Compliance Policy.

Data Protection Measures

  • Description of Security Measures in Place

    We employ appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. This includes encryption, access controls, and regular security assessments.

  • Data Breach Notification Procedures

    In the event of a data breach involving personal data, we will notify the affected users and relevant supervisory authorities as required by law.


Note: For comprehensive details regarding our data protection practices, including how we handle cookies and comply with GDPR, please refer to our dedicated Cookie Policy and GDPR Compliance Policy available on our website. Terms of Service for Media Thrive


10. Customer Obligations and Responsibilities

Compliance with Laws

  • Adherence to All Applicable Laws and Regulations

    You agree to use the Services in compliance with all applicable local, national, and international laws, regulations, and conventions. This includes, but is not limited to, laws related to intellectual property, data protection, privacy, and export control.

  • Responsibility for Obtaining Necessary Rights and Permissions

    You are solely responsible for obtaining all necessary rights, consents, and permissions required to use any content, data, or materials that you submit, upload, or otherwise make available through the Services. This includes obtaining explicit consent from individuals for avatar and voice cloning, as outlined in Section 5.

Content Standards

  • Prohibition of Illegal, Harmful, or Offensive Content

    You agree not to upload, post, transmit, or otherwise make available any content that:

    • Is unlawful, defamatory, libelous, harassing, threatening, abusive, inflammatory, or fraudulent.
    • Contains hate speech, discrimination, or promotes violence against individuals or groups.
    • Infringes upon or violates any intellectual property rights, privacy rights, or other proprietary rights of any party.
    • Contains viruses, malware, or any other harmful code that could damage or interfere with the Services or the systems of Media Thrive or its users.
  • Guidelines for Acceptable Content

    All content you provide or generate using the Services should adhere to professional standards appropriate for news and media organizations. Content should be accurate, reliable, and presented in a manner consistent with ethical journalism practices.

Prohibited Uses

  • Misuse of Services

    You agree not to use the Services to:

    • Create, publish, or distribute fake news, misinformation, or content intended to deceive or mislead End-Users.
    • Produce or disseminate adult content, including pornography or explicit sexual material.
    • Engage in activities that could harm or exploit minors.
  • Restrictions on Reverse Engineering or Interfering with Services

    You shall not:

    • Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Services.
    • Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
    • Access the Services through unauthorized means, such as hacking or using automated means like bots or scrapers.

Indemnification

  • Customer's Obligation to Indemnify Media Thrive for Breaches

    You agree to indemnify, defend, and hold harmless Media Thrive, its affiliates, officers, agents, employees, and partners from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

    • Your access to or use of the Services.
    • Your violation of these Terms.
    • Your infringement of any third-party rights, including intellectual property rights, privacy rights, or other proprietary rights.
    • Any content you submit, post, transmit, or otherwise make available through the Services.

11. Intellectual Property Rights

Ownership

  • Media Thrive's Ownership of Platform and Services

    Media Thrive retains all rights, title, and interest in and to the Services, including all related software, technology, algorithms, user interfaces, trade secrets, trademarks, logos, and other intellectual property rights. These Terms do not grant you any rights to use the Media Thrive name or any of its trademarks, logos, domain names, or other brand features.

  • Customer's Ownership of Their Content

    You retain all rights, title, and interest in and to the content you submit, upload, or generate using the Services, including any intellectual property rights therein, subject to the licenses granted to Media Thrive under these Terms.

Licenses Granted

  • License to Media Thrive to Use Customer Content for Service Delivery

    By submitting, uploading, or otherwise making content available through the Services, you grant Media Thrive a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, translate, and create derivative works from your content solely for the purpose of providing, maintaining, and improving the Services.

  • Limitations and Scope of Licenses

    The license granted to Media Thrive is limited to the scope necessary to perform its obligations under these Terms. Media Thrive will not use your content for any purposes outside of providing the Services without your explicit consent.

Restrictions

  • Prohibition on Unauthorized Use of Media Thrive's Intellectual Property

    You agree not to:

    • Copy, modify, distribute, or create derivative works based on the Services or any part thereof.
    • Use any of Media Thrive's intellectual property, including trademarks or logos, without prior written consent.
    • Remove, alter, or obscure any proprietary notices or labels on the Services.
  • Guidelines on Trademarks and Branding

    Any use of Media Thrive's trademarks, logos, or branding materials must comply with our branding guidelines and requires prior written approval. Unauthorized use may result in termination of Services and legal action.


12. Monitoring and Enforcement

Usage Monitoring

  • Media Thrive's Right to Monitor Service Usage

    Media Thrive reserves the right to monitor your use of the Services to ensure compliance with these Terms and to protect the integrity and security of the Services.

  • Methods of Monitoring

    Monitoring may include automated systems, audits, and other reasonable methods. Media Thrive will conduct monitoring in accordance with applicable laws and with respect for your confidentiality and privacy rights.

Policy Enforcement Actions

  • Right to Block, Delete, or Ban Accounts

    Media Thrive reserves the right, at its sole discretion, to suspend or terminate your access to the Services, or to block or remove any content, if we determine that you have violated these Terms or any applicable laws.

  • Procedures for Addressing Violations

    In the event of a suspected violation, Media Thrive may:

    • Provide you with notice of the violation and an opportunity to remedy the issue.
    • Immediately suspend or terminate your access to the Services without prior notice if the violation poses a significant risk to the Services, End-Users, or third parties.
  • Notification Process for Enforcement Actions

    We will make reasonable efforts to notify you of any enforcement actions taken, unless prohibited by law or if such notification could result in further harm.

Reporting Violations

  • Mechanism for Reporting Misuse or Violations

    If you become aware of any misuse of the Services or any violations of these Terms, you are encouraged to report them to Media Thrive promptly at [email protected].

  • Media Thrive's Commitment to Address Reports Promptly

    Media Thrive is committed to investigating reported violations in a timely and thorough manner. We will take appropriate actions based on our findings, which may include contacting the parties involved, removing content, or taking enforcement actions as described above.

Great! Here’s a detailed outline for each of these sections that you can share with your legal advisor. This provides the structure and intent behind each point, which they can expand with precise legal language:


13. Limitation of Liability

Disclaimers

  • Services Provided "As Is"
    Media Thrive provides its services on an "as is" and "as available" basis, with no guarantees regarding the performance, functionality, or accuracy of the services. Users acknowledge that they rely on the services at their own risk.

  • Disclaimer of Implied Warranties
    Explicitly disclaim all implied warranties, such as merchantability, fitness for a particular purpose, or non-infringement, to clarify that Media Thrive does not make any assurances beyond those explicitly stated.

Liability Limits

  • Cap on Damages Recoverable
    Set a maximum amount for damages recoverable, typically limiting liability to the amount paid for services in the prior 12 months. This cap protects the company from unlimited claims and specifies the limit of its financial liability.

  • Exclusion of Certain Types of Damages
    Exclude liability for indirect, incidental, punitive, consequential, or special damages, such as loss of profits or data, even if Media Thrive has been advised of the possibility of such damages. This clause reinforces that only direct damages, if any, may be recoverable.

Exceptions

  • Situations Where Limitations May Not Apply
    Specify cases where these limitations are not applicable, such as liability arising from willful misconduct or instances where certain liabilities cannot legally be limited, ensuring compliance with local regulations.

14. Dispute Resolution

Governing Law

  • Jurisdiction Whose Laws Govern the Terms
    Establish which jurisdiction’s laws govern the interpretation and enforcement of the terms (e.g., “These Terms shall be governed by and construed in accordance with the laws of Europe”).

Arbitration Clause

  • Requirement for Arbitration of Disputes
    Include a provision that disputes will be resolved through binding arbitration rather than through court litigation, which often reduces legal costs and time for both parties.

  • Process and Rules for Arbitration
    Define the arbitration process and reference a specific arbitration body (e.g., the American Arbitration Association or JAMS) and any relevant rules, as well as where the arbitration will take place. This ensures clarity on the resolution process.

Class Action Waiver

  • Agreement Not to Participate in Class Action Lawsuits
    Require users to waive the right to participate in class actions, meaning they must bring any claims individually. This limits the risk of collective legal actions, which can be costly.

15. Termination

Termination by Customer

  • Process for Closing Account or Discontinuing Use
    Describe how customers can terminate their accounts, including the steps for submitting a termination request and any notice requirements.

Termination by Media Thrive

  • Grounds for Suspension or Termination
    Outline the circumstances under which Media Thrive may suspend or terminate a customer’s account, such as violations of the Terms, abuse of services, or other misconduct. This provision protects the service and community from misuse.

  • Effects of Termination on Access to Services
    Specify the effects of termination, including immediate suspension of access to services, removal of customer data, or denial of future access to prevent misunderstandings.

Survival of Terms

  • Clauses That Remain in Effect After Termination
    List the specific terms that continue to apply even after termination, such as indemnity, intellectual property rights, confidentiality, and dispute resolution, ensuring that critical obligations survive beyond the end of the service relationship.

Terms of Service for Media Thrive


16. Confidentiality

Definition of Confidential Information

  • Information Considered Confidential Between Parties
    "Confidential Information" refers to any non-public information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects. This includes, but is not limited to, business plans, customer data, financial information, technical data, trade secrets, designs, methodologies, and any other information that is designated as confidential or proprietary.

Obligations

  • Duty to Protect and Not Disclose Confidential Information
    Both parties agree to maintain the confidentiality of the other's Confidential Information and to use it solely for the purposes specified in the agreement. Each party shall exercise at least the same degree of care to protect Confidential Information as it uses to protect its own confidential and proprietary information, but no less than reasonable care. Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party.

Exceptions

  • Information Excluded from Confidentiality Obligations
    The obligations of confidentiality do not apply to information that:

    • Is or becomes publicly available without breach of any obligation owed to the disclosing party.
    • Was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party.
    • Is received from a third party without breach of any obligation owed to the disclosing party.
    • Was independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

Duration

  • Timeframe Confidentiality Obligations Remain in Effect
    The confidentiality obligations set forth in this agreement shall remain in effect during the term of the agreement and for a period of 2 years after its termination or expiration, unless otherwise agreed in writing by both parties.

17. Miscellaneous Provisions

Entire Agreement

  • These Terms Constitute the Entire Agreement
    These Terms, along with any additional policies or agreements expressly incorporated herein, constitute the entire agreement between Media Thrive and the Customer concerning the subject matter and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

Severability

  • If Any Provision Is Unenforceable, the Rest Remain in Effect
    If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

Waiver

  • Failure to Enforce a Provision Is Not a Waiver of Rights
    The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. A waiver of any term shall only be effective if it is in writing and signed by the party granting the waiver.

Assignment

  • Restrictions on Transferring Rights or Obligations
    Neither party may assign or transfer any rights or obligations under these Terms without the prior written consent of the other party, except that Media Thrive may assign these Terms without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

Force Majeure

  • Exclusion of Liability for Events Beyond Control
    Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government actions, labor disputes, or Internet service disruptions.

Notices

  • How Official Communications Are to Be Sent and Received
    All notices and other communications required or permitted under these Terms shall be in writing and shall be deemed duly given when delivered personally or sent by registered or certified mail, return receipt requested, or by recognized courier service, to the addresses provided by each party.

18. Contact Information

Customer Support

  • Contact Details for Support and Inquiries
    For assistance with your account or questions regarding our Services, please contact our customer support team:

    • Email: [email protected]
    • Mailing Address: ul. Sinanishko Ezero 9a, office 3, Sofia, Bulgaria

Reporting Issues

  • Channels for Reporting Technical Issues or Policy Violations
    To report technical problems, security issues, or policy violations, please reach out to:

  • Address for Sending Legal Correspondence
    Legal notices or correspondence should be sent to:

    • Attn: Legal Department

    • Mailing Address: ul. Sinanishko Ezero 9a, office 3, Sofia, Bulgaria

    • Email: [email protected]