ZP Services Terms of Service

This Agreement is between Thrive Global Holdings, Inc. (“Thrive Global”), owner of the ZP Challenge App (the “App”) and the App-related services, and users of the App and other individuals who access or view materials or content on the related website (together, “you” or “User”). This Agreement explains the scope of the ZP Services (defined below) provided by Thrive Global and your obligations as a User.

  1. Scope of Services. The services provided by Thrive Global which are covered by this Agreement include the ZP branded content, materials, features, tools, and programs designed to enrich and facilitate your life choices including improving your choices related to food, fitness, family, and finances. These services include online materials, tools, educational resources found on the App-related website (the “ZP Website”) and the App (together, the “ZP Services”).
  2. Sponsors. Thrive Global is a contractor for various parties that promote the ZP Services, known as “Sponsors.” These Sponsors may promote the ZP Services to their employees and others in their community.
  3. Use of User Data. By using the ZP Services, you grant Thrive Global permission to use your Information according to the terms of the ZP Services Privacy Policy (available at zpchallenge.com/privacy).
  4. Acceptance of Terms; Amendment. By using the ZP Services, you agree to be bound by and comply with these Terms of Service. Thrive Global may amend or modify these Terms of Service at any time, for any reason, without notice or liability. Changes are effective immediately upon posting to the ZP Website (zpchallenge.com/tos). It is your responsibility to review these Terms of Service prior to and during your use of the ZP Services. Your continued use of the ZP Services now, or following the posting of any changes, indicates your acceptance.
  5. Termination. Thrive Global may, without notice or liability, change, suspend, or discontinue any portion of the ZP Services at any time, including your access to the ZP Services or the availability of any feature or content. If you find any of these Terms of Service or any future changes unacceptable, you may discontinue your use of the ZP Services and cancel your registration by uninstalling the App and contacting [email protected].
  6. Use of Services. As a User, you are granted permission to use the ZP Services exclusively for your personal use.
  7. User Conduct. You are responsible for maintaining the confidentiality of your login and registration information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for all activities that occur under your account. You will use the ZP Services in a manner consistent with all applicable local, state, federal, and international laws and regulations. You may not hold yourself out to be, in any way, sponsored by, affiliated with, or endorsed by Thrive Global, any of its affiliates, or any of its service providers.
  8. License; Proprietary Rights.
    • No License to User. Thrive Global does not grant you any license or rights to the proprietary software, tools, or content that are part of the ZP Services.
    • Protected Rights. Certain Thrive Global content provided in the ZP Services may be protected by copyright, trademark, patent, and other proprietary rights. You may not modify, publish, transmit, reproduce, create new works from, distribute, or display the ZP Services, content, or any trademarks, service marks, or other intellectual property. You may not adapt, translate, modify, decompile, or reverse engineer any part of the ZP Services.
    • Comments and Feedback. Thrive Global welcomes your feedback, but you are under no obligation to provide it. All comments, feedback, ideas, questions, or suggestions that you submit to Thrive Global will be considered non-proprietary and may be used by Thrive Global without any obligation to compensate you for them or give you attribution.
    • License to Thrive Global. By your use of the ZP Services, you grant to Thrive Global a non-exclusive, perpetual, royalty-free, transferable, irrevocable, and fully sub-licensable worldwide license to copy, publish, distribute, adapt, transmit, display, perform, reproduce, modify, license, and create derivative works from, in any media now known or later created, any information that you submit during your use of the ZP Services. This license includes your submissions, reviews, pictures, and user stories. Thrive Global may choose to provide attribution to you at its sole discretion.
  9. Thrive Global Support
    • Limitation Texting on the App or calling the ZP hotline at 855-934-3897 is intended for inquiries by individuals interested in or participating in the ZP Challenge who have questions about the ZP Challenge. These resources are not a substitute for professional advice from someone like a doctor, counselor, or nutritionist. Nor are they intended for crisis situations. If you are experiencing an emergency, please contact 911.
    • No Private or Confidential Information Please do not disclose any private or confidential information in either text messages or on the phone support line.
    • Technical Limits and Use of Data or Voice Allowance To send a text message to the ZP Line, click the text icon on the app or send your message directly to 855-934-3897 from your phone’s text application. Message and data rates may apply. Text messages should contain no more than 160 characters. Messages with special characters such as accents may prevent the delivery of your message. Please avoid special characters when texting. Before texting, please confirm that you have a plan and carrier that supports text messaging. For example, some prepaid phones may not include texting.
    • No Guaranteed Response Time The ZP guides that staff the text message and response line will try to respond to your message as soon as practical. Response is not guaranteed, however.
  10. No Warranties.
    • Services Provided “As-Is.” ZP Services are provided “as-is” and Thrive Global disclaims any and all representations and warranties, whether express or implied. This includes implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Thrive Global takes industry standard efforts  to keep the ZP Services safe, but cannot guarantee that the ZP Services, including the ZP Website and App are free of viruses or other harmful components.
    • No Warranty. Thrive Global does not guarantee that the ZP Services are error-free. Under no circumstances will Thrive Global be responsible for any loss or damage resulting from anyone’s use of the ZP Services or for reliance on information transmitted to or by any User.
    • No Warranty of Uninterrupted Service. Thrive Global does not warrant that the App or ZP Services will be secure, uninterrupted, always available, or error-free.
  11. No Affiliation with Apple. The ZP Services, as well as any interaction you may have with third party advertisers or third party promotions during your use of the ZP Services, have no affiliation with Apple.
  12. Governing Law. These Terms of Service are governed by the laws of the State of Washington.
  13. Dispute Resolution. To resolve any complaint you may have regarding the ZP Services, you agree to first contact Thrive Global and express your concerns. Correspondence regarding any complaint should be sent to [email protected] (include Terms of Service in your subject line). If your complaint cannot be resolved through discussion with Thrive Global, any controversy or claim arising out of or relating to these Terms of Service or the ZP Services will be settled by binding arbitration. Any controversy or claim must be arbitrated on an individual basis, and may not be consolidated with any claim or controversy of any other party. Any arbitration must take place in King County Washington.
  14. Entire Agreement. This Agreement, including the ZP Services Privacy Policy (available here at zpchallenge.com/privacy) is the entire agreement between you and Thrive Global regarding your use of the ZP Services.
  15. Nonwaiver. If either party fails to require the other party to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other’s breach of a term, that waiver does not waive a later breach of that term.
  16. Severability. If any part of this Agreement is invalid or unenforceable, the remainder is still enforceable.
  17. Disclaimer by Thrive Global; Assumption of Risk by User. Your participation in any of the ZP Services is strictly voluntary. All ZP Services are provided as a convenience for you and are intended for your benefit. As with any program involving a regimen of physical activity, there may be inherent risks. By using the ZP Services, you agree to assume all risks. Before starting any fitness or nutrition program, you should consult your physician. As individuals vary, so do results.
  18. Limitation of Liability. In no event will Thrive Global, any sponsor of the ZP Services, or the officers, directors, employees, or agents of any of the foregoing be liable to you, or any third party, for any loss or damage, whether direct, indirect, consequential, exemplary, incidental, special, or punitive arising from the use of the ZP Services, including the App.
  19. RELEASE AND INDEMNIFICATION. YOU HEREBY RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THRIVE GLOBAL, ANY SPONSOR OF THE ZP SERVICES, AND THE DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES OF THE FOREGOING (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO YOUR USE OF THE ZP SERVICES OR VIOLATION OF THESE TERMS OF SERVICE.