1. Agreement to These Terms

These Terms of Use ("Terms") are a legally binding agreement between you and Justiz Active, LLC, a Florida limited liability company d/b/a DAILY THRIVE ("DAILY THRIVE," "we," "us," or "our"), governing access to and use of our websites, web applications, mobile applications, connected-device applications, digital content, community features, subscriptions, and other services that link to these Terms (collectively, the "Services"). By creating an account, starting a trial, purchasing or activating a subscription, clicking an acceptance control, or otherwise using the Services after being presented with these Terms, you agree to be bound by them and our Privacy Policy.

2. Eligibility and Accounts

You must be at least 18 years old and legally capable of entering into a binding contract to create a paid account or purchase a subscription. The Services are not directed to children under 16. If you permit a minor to use content through your account, you are responsible for supervision and suitability. You must maintain accurate account information and keep your credentials confidential. Notify hello@dailythrive.app promptly if you believe your account has been accessed without authorization.

3. The DAILY THRIVE Services

DAILY THRIVE provides digital fitness, exercise, wellness, nutrition, educational, lifestyle, and related content. Content, instructors, programs, features, supported devices, and availability may change over time. Unless expressly stated otherwise, the Services are licensed strictly for personal, non-commercial use.

4. Subscription Plans and Billing

DAILY THRIVE offers recurring monthly ($14.99/month) and annual ($149.99/year) web plans as of the Effective Date. Prices, taxes, trial eligibility, promotions, and available plans are disclosed before purchase and may differ by platform, country, or currency. For direct web subscriptions, you authorize DAILY THRIVE and its payment processor, currently Stripe, to charge the payment method you provide for disclosed subscription fees, applicable taxes, and recurring renewals until cancellation.

5. 14-Day Free Trial

Eligible subscribers may be offered a 14-day free trial. Unless canceled before the trial ends, the selected subscription automatically converts to a paid recurring subscription at the price disclosed at enrollment and continues to renew until canceled. Trial eligibility may be limited to prevent repeated or abusive promotional use, subject to applicable law.

6. AUTOMATIC RENEWAL NOTICE

SUBSCRIPTIONS AUTOMATICALLY RENEW UNTIL CANCELED. Monthly plans renew monthly and annual plans renew annually at the then-applicable price after any trial unless canceled. By enrolling, you authorize recurring charges in accordance with checkout disclosures. DAILY THRIVE will provide acknowledgments, renewal reminders, price-change notices, and other notices when required by applicable law.

7. Cancellation

Web subscriptions may be canceled online through the subscription or account-management area of your DAILY THRIVE account. Apple App Store and Google Play subscriptions must be managed through the applicable platform. Deleting the app or stopping use does not cancel a subscription. Cancellation stops future renewals; unless law or the refund policy requires otherwise, it does not retroactively reverse an already-incurred charge.

8. Refund Policy and Mandatory Consumer Rights

Direct web purchases are eligible for a full refund when requested within seven (7) days after the initial paid charge by contacting hello@dailythrive.app. After that period, charges are non-refundable and are not prorated except where required by law or expressly stated otherwise. App-store refunds are subject to the applicable platform rules. This commercial refund policy does not replace any longer mandatory refund, cancellation, cooling-off, withdrawal, warranty, or other consumer right that cannot lawfully be waived.

9. Prices and Changes to Subscription Terms

We may change subscription prices or plan features prospectively. Existing subscribers will receive advance notice or provide consent when required by applicable law. We will not impose retroactive charges.

10. Apple App Store and Google Play Subscriptions

Subscriptions obtained through Apple App Store or Google Play are subject to the applicable platform’s billing, renewal, cancellation, refund, payment-dispute, and notice procedures. These Terms are between you and DAILY THRIVE except to the extent platform rules provide third-party-beneficiary rights. Mandatory platform rules control if they conflict with these Terms for an app-store transaction.

11. HEALTH, FITNESS, AND MEDICAL DISCLAIMER

NOT MEDICAL ADVICE: DAILY THRIVE provides general fitness, exercise, wellness, nutrition, and educational content. DAILY THRIVE is not a medical provider, and the Services do not provide medical diagnosis, treatment, physical therapy, rehabilitation, or individualized medical advice. Before beginning or materially changing an exercise program, consider consulting a qualified healthcare professional, particularly if you are pregnant or recently pregnant; have a cardiovascular, respiratory, metabolic, neurological, musculoskeletal, or other medical condition; take medications that may affect exercise; have an injury; or have been advised to restrict physical activity. You are responsible for choosing exercises, intensity, equipment, environment, and modifications appropriate for your circumstances. Stop exercising and seek appropriate medical attention for chest pain, fainting, severe shortness of breath, severe or unusual pain, sudden neurological symptoms, or another potentially serious symptom.

12. Pregnancy and Special Health Circumstances

Exercise needs and risks may change during pregnancy and other health circumstances. If you are pregnant, may be pregnant, or have pregnancy-related complications or restrictions, obtain individualized guidance from an appropriate healthcare professional before relying on DAILY THRIVE exercise content. Population-specific content remains general educational content and is not individual medical clearance.

13. Assumption of Ordinary Exercise Risks

Physical activity inherently carries risks including fatigue, soreness, strains, sprains, falls, collisions, aggravation of existing conditions, and, in uncommon cases, serious injury or medical events. By voluntarily participating, you acknowledge and assume ordinary and inherent exercise risks to the fullest extent permitted by law. This does not waive liability that applicable law prohibits a business from excluding.

14. No Guaranteed Results

Individual results vary. DAILY THRIVE does not guarantee weight loss, muscle gain, strength, endurance, appearance, health outcomes, athletic performance, or any other particular result. Testimonials and transformations do not guarantee similar outcomes.

15. Personal License and Intellectual Property

DAILY THRIVE videos, workouts, programs, routines, text, graphics, photographs, audio, licensed music, trademarks, logos, software, interfaces, designs, compilations, and downloadable materials ("DAILY THRIVE Content") are owned by or licensed to DAILY THRIVE and protected by intellectual-property laws. Subject to these Terms and your subscription status, you receive a limited, revocable, non-exclusive, non-transferable, non-sublicensable license for personal, non-commercial use. Copying, redistribution, resale, screen-recording, systematic downloading, scraping, circumvention of access controls, and other exploitation are prohibited except where applicable law provides otherwise.

16. Community Features and User Content

You retain ownership of rights you hold in comments, messages, journal entries, reviews, images, profile information, and other content you submit ("User Content"). By submitting User Content to an area where it is intended to be displayed, processed, or shared, you grant DAILY THRIVE a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, format, and otherwise use it as reasonably necessary to operate, provide, improve, moderate, promote, and protect the Services, subject to our Privacy Policy and applicable law. If we wish to use identifiable User Content as a paid advertisement or testimonial outside ordinary operation or promotion, we will obtain any additional permission required by law. You represent that you have the necessary rights to submit User Content. We may moderate, restrict, or remove content that violates these Terms or creates legal, safety, security, or operational concerns.

17. Prohibited Conduct

You may not use the Services for unlawful activity; harassment, threats, fraud, impersonation, infringement, malware, unauthorized security testing or system access; automated scraping or extraction except where expressly permitted; credential sharing for unauthorized access; circumvention of access, geographic, payment, or security controls; or operation of a competing commercial service using DAILY THRIVE Content without written permission.

18. Third-Party Services

The Services rely on third-party infrastructure for application and web delivery, payments, app distribution, analytics, communications, security, and related functions. VidApp currently provides application and web-platform technology used to deliver DAILY THRIVE. Stripe currently provides payment infrastructure for direct web subscriptions. A third party's own terms and privacy practices may apply when you interact directly with that party. DAILY THRIVE is not responsible for independent third-party services it does not control, subject to any responsibility that law does not permit us to exclude.

19. Service Availability and Modifications

Specific instructors, workouts, programs, features, and device support may be updated, replaced, added, or retired. If the paid Services as a whole are discontinued, affected prepaid periods will be handled as required by applicable law and platform rules.

20. Suspension and Termination

We may suspend or terminate access for material breach, fraud or abuse, security risk, intellectual-property infringement, nonpayment, or conduct that could materially harm DAILY THRIVE, users, or third parties. Notice or an opportunity to cure will be provided where appropriate and legally required. Provisions that by their nature should survive termination will survive.

21. Copyright Complaints (DMCA Policy)

Copyright infringement notices should be sent to our designated DMCA agent and must include: (1) a physical or electronic signature; (2) identification of the copyrighted work, or a representative list; (3) identification and location of the allegedly infringing material; (4) contact information sufficient for us to reach you; (5) a good-faith statement that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement under penalty of perjury that the notice is accurate and that you are the copyright owner or authorized to act for the owner. Designated DMCA Agent: Copyright Agent, Justiz Active, LLC d/b/a DAILY THRIVE Address: PO Box 191685, Miami Beach, Florida 33139, United States Email: hello@dailythrive.app DAILY THRIVE may remove or disable access to material in response to a valid notice and may take appropriate action regarding repeat infringers. Counter-notifications will be handled as required by applicable law.

22. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND DAILY THRIVE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." DAILY THRIVE DISCLAIMS WARRANTIES THAT MAY LEGALLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, SECURE, OR UNIVERSALLY AVAILABLE SERVICE. NOTHING HERE EXCLUDES RIGHTS OR WARRANTIES THAT APPLICABLE LAW DOES NOT PERMIT US TO EXCLUDE.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAILY THRIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, ARISING FROM THE SERVICES. AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID DIRECTLY TO DAILY THRIVE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100. These limitations do not apply to liability that cannot lawfully be limited or excluded, which may include certain liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or non-waivable consumer rights.

24. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless DAILY THRIVE and its officers, directors, employees, and affiliates from third-party claims, losses, liabilities, and reasonable costs arising from your unlawful use of the Services, material breach of these Terms, or User Content that infringes another person’s rights. This does not require you to indemnify DAILY THRIVE for its own negligence, misconduct, or violation of law where prohibited.

25. Informal Dispute Resolution

Before filing an arbitration demand or non-small-claims lawsuit, the complaining party must send written notice describing the dispute and requested relief and allow 30 days for a good-faith resolution effort. Notices to DAILY THRIVE must be sent to hello@dailythrive.app with subject "Legal Dispute Notice." This does not prevent urgent injunctive relief or unlawfully extend a limitations period.

26. BINDING ARBITRATION & CLASS ACTION WAIVER (US USERS)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT. Except for disputes eligible for small-claims court, requests for certain urgent injunctive relief, and disputes that applicable law does not permit to be arbitrated, you and DAILY THRIVE agree that disputes arising from these Terms, the Services, subscriptions, billing, or the relationship between you and DAILY THRIVE will be resolved by binding individual arbitration under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association ("AAA") under the consumer rules applicable when filed, as modified by these Terms. If AAA is unavailable or declines administration, the parties will attempt to agree on another nationally recognized provider, or a court may appoint one as permitted by law. Consumer filing fees and costs will be allocated under applicable consumer rules and governing law.

CLASS ACTION WAIVER: To the extent permitted by law, each party may bring claims only in an individual capacity, not as a plaintiff, class member, or representative in a class, collective, consolidated, or representative action. The arbitrator may award relief only to the individual party seeking relief except where applicable law requires otherwise. If coordinated demands qualify for the administrator’s mass-arbitration procedures, those procedures may apply; this does not authorize class arbitration.

30-DAY OPT-OUT: You may opt out by emailing hello@dailythrive.app within 30 days after you first accept these Terms. State that you are opting out of arbitration and include the name and email address associated with your account. Opting out does not affect your subscription.

27. Governing Law and Forum

For U.S. users, these Terms are governed by Florida law, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration agreement. Non-arbitrable court disputes, other than small claims, will proceed in state or federal courts in Miami-Dade County, Florida, except where applicable law provides a non-waivable right to proceed elsewhere.

28. EU, UK, and International Consumer Rights

Consumers outside the United States retain mandatory protections that cannot lawfully be waived, including applicable rights concerning digital services, unfair terms, refunds, statutory withdrawal or cooling-off periods, and dispute forums. Digital services that begin immediately may be subject to rules requiring express consent, acknowledgment concerning withdrawal rights, and durable-medium confirmation. The seven-day commercial refund policy does not replace a longer mandatory statutory right.

29. Privacy Policy Integration

Our collection, use, disclosure, retention, and protection of personal information are described in our Privacy Policy. Acceptance of these Terms does not by itself constitute consent to promotional communications where separate consent is required.

30. Electronic Communications

You consent to receive contracts, disclosures, receipts, notices, subscription communications, and other transactional communications electronically, including by email, in-app message, or through your account, to the extent permitted by law.

31. Changes to These Terms

We may update these Terms prospectively for legitimate reasons including changes in the Services, law, security, or business practices. Material changes will receive notice or renewed consent when required. Changes will not unlawfully or unfairly alter rights concerning a dispute that arose before the change. Continued use after properly disclosed changes may constitute acceptance where permitted by law.

32. General Terms

If a provision is invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective, subject to any different result expressly required by the arbitration section. Failure to enforce a provision is not a waiver. You may not assign your account or these Terms without written consent. DAILY THRIVE may assign these Terms in connection with a merger, reorganization, financing, sale of assets, or transfer of the business, subject to law. These Terms and incorporated policies supersede prior terms concerning the same subject matter.

33. Contact Information

Justiz Active, LLC d/b/a DAILY THRIVE
PO Box 191685
Miami Beach, Florida 33139, United States

Support & Legal Inquiries:
hello@dailythrive.app