Thrive X Fitness Terms

Terms of Service | ThriveX Fitness

đź“„ Terms of Service

ThriveX Fitness App | Effective: November 25, 2025 | Version 1.0

⚠️ IMPORTANT LEGAL NOTICE: OWNERSHIP AND PARTIES

This Terms of Service Agreement (“Agreement”) is a legally binding contract between you (“User”, “you”, or “your”) and the following entities regarding your use of the ThriveX Fitness mobile application, website, and related services (collectively, the “Service” or “App”):

1. OWNER OF INTELLECTUAL PROPERTY: Negus Holdings LLC Series – ATF – Series 2 (“Owner”) – The Owner holds all rights, title, and interest in and to the ThriveX Fitness App, including but not limited to source code, algorithms, designs, trademarks, and copyrights.

2. OPERATOR OF SERVICE: Negus Holdings LLC Series – TM – Series 3 (“Operator”) – The Operator is licensed to manage the daily operations, payment processing, and user subscriptions of the Service.

By creating an account, downloading the App, or using any part of the Service, you expressly acknowledge that you have read, understood, and agree to be bound by this Agreement.

1. INTELLECTUAL PROPERTY RIGHTS

1.1 Copyright and Ownership

All content included in the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Owner or its content suppliers and is protected by United States and international copyright laws.

COPYRIGHT NOTICE: © 2025 Negus Holdings LLC Series – ATF – Series 2. All rights reserved.

1.2 Trademarks

The following names, logos, and slogans are trademarks or registered trademarks of the Owner:

  • ThriveX Fitness™
  • ThriveXDNA™
  • ThriveX™

You may not use these trademarks in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Owner or Operator.

1.3 License Grant

Subject to your compliance with this Agreement, the Operator grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or controlled by you.

2. WORLDWIDE USE AND COMPLIANCE

2.1 International Users

The Service is controlled and operated from the United States. We make no representation that the content or materials in the Service are appropriate or available for use in other locations. Access to the Service from territories where its content is illegal is prohibited.

2.2 Compliance with Local Laws

If you access the Service from a location outside the United States, you are responsible for compliance with all applicable local laws, including but not limited to privacy regulations (such as GDPR in Europe), export control laws, and consumer protection regulations.

2.3 Export Controls

You agree not to export, re-export, or transfer the App or any direct product thereof to any destination, person, or entity restricted or prohibited by U.S. export laws and regulations.

3. MEDICAL AND HEALTH DISCLAIMER

⚠️ WARNING: YOUR HEALTH IS YOUR RESPONSIBILITY.

3.1 Not Medical Advice

The Service, including all AI-generated workout and nutrition plans, is for informational and educational purposes only. It is NOT medical advice, diagnosis, or treatment. The Owner and Operator are not healthcare providers.

3.2 Consult Your Physician

Before starting any new diet or exercise program, you should consult your physician or other qualified healthcare professional. This is especially important if you have a history of heart disease, high blood pressure, or other medical conditions.

3.3 Assumption of Risk

You expressly agree that your use of the Service is at your sole risk. You voluntarily assume all risks associated with physical activity, including but not limited to the risk of physical injury, heart attack, or death.

4. USER ACCOUNTS AND CONDUCT

4.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.

4.2 Prohibited Conduct

You agree not to:

  • Reverse engineer, decompile, or disassemble any aspect of the App.
  • Use the Service for any illegal purpose.
  • Harass, abuse, or harm another person or group.
  • Share your account with others (unless part of a specific family plan).
  • Attempt to bypass any security measures of the Service.

5. SUBSCRIPTIONS AND PAYMENTS

5.1 Payment Processing

All payments are processed by the Operator (Negus Holdings LLC Series – TM – Series 3) via third-party payment processors (e.g., Stripe, Apple App Store, Google Play).

5.2 Billing

By subscribing to a paid plan (Power DNA, Elite DNA, etc.), you authorize the Operator to charge your payment method on a recurring basis (monthly or annually) until you cancel.

5.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or the respective app store. Refunds are subject to the policies of the platform through which you subscribed (Apple or Google).

6. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL THE OWNER, THE OPERATOR, THEIR AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
  3. ANY CONTENT OBTAINED FROM THE SERVICE; AND
  4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

7. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE OWNER AND OPERATOR EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

8.2 Arbitration Agreement

You and the Operator agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be determined by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

8.3 Class Action Waiver

YOU AND THE OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9. CHANGES TO TERMS

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

10. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us:

Legal Inquiries:
Negus Holdings LLC Series – ATF – Series 2
32 N Gould St, Sheridan, WY 82801
Email: support@thrivexdna.com

Support & Billing:
Negus Holdings LLC Series – TM – Series 3
32 N Gould St, Sheridan, WY 82801
Email: support@thrivexdna.com