Terms & Conditions

Nexaura: Our Privacy Commitment to You

Terms of Use

Effective Date: January 28, 2025

You agree that this Agreement complies with the terms of any applicable electronic documents and electronic contract legislation, including the requirement that this Agreement be in writing, and is capable of being retrieved, reviewed, printed and stored for further use.

Welcome to ThryveTM, an online service designed and offered by Nexaura Technologies Inc. (“Nexaura” and “Thryve^TM”). ThryveTM’s website and associated mobile application offer a variety of services designed to assist and support students in middle schools, secondary schools, trade and vocational schools, colleges and universities. This support is offered generally through a variety of tools and services which may from time to time include an ambassador program, an online marketplace, an online blog, a collaboration tool, an artificial intelligence (AI) chatbot, and other tools, services and functionalities that we may develop, remove, modify and supplement in our discretion and without notice. The foregoing are generally referred to herein as the “Service” and generally as the “Services”.

These terms of use are intended to explain our obligations as a service provider and your obligations as a user and Subscriber. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

If you use the App, you are agreeing to be bound by these Terms of Use without any modification or qualification. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES WHICH WE IMPOSE OR USE IN CONNECTION WITH THE SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF USE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth under this Agreement, or if you breach any of the Terms of Use contained herein, your permission to use the App or access any of the Services offered by them immediately lapses and you must destroy any materials downloaded or printed from the App. Nexaura reserves the right to modify or change these Terms of Use at any time without giving prior notice. We shall, however, notify you of significant changes by posting an announcement on the App. Your use of the App is subject to the most current Terms of Use posted on the App at such time. The most current version can be reviewed by clicking “Terms of Use” hyperlink at the bottom of our Site pages.

1. Definitions

The following terms shall have the following meaning throughout the Terms of Use.

“Agreement” or “this Agreement” refers to these Terms of Use.
“App” means the Nexaura website, all related webpages, and all related websites operated by affiliates or divisions of Nexaura, and all mobile applications and other applications which provide access to the Services offered by Nexaura and its affiliates from time to time, but does not include any third-party apps or websites which are linked to or may link from this website whether or not such third-party websites are used in connection with the Services.
“Applicable law” refers to the laws currently in force in the Province of Ontario, Canada which shall govern this Agreement.
“Nexaura”, “we”, “us” shall refer to Nexaura Technologies Inc. and all its affiliates and subsidiaries.
“Nexaura Parties” includes Nexaura, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
“Service” and “Services” have the meanings set out above.
“Site” means our website and includes the App as applicable.
“Subscriber” refers to any person who registers an online account to use the Services, and any person who utilizes our Services.
“Support” means free and paid technical support and assistance provided to Subscribers by Nexaura and other third-party contractors of Nexaura from time to time.
“You” and “user” shall refer to any person who uses the App and includes a Subscriber and its agents.

2. General

Nexaura grants you a non-exclusive, non-transferable limited license to use the App and related resources in accordance with these Terms of Use. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have relationships, and you will comply with the terms of any applicable license agreements.

You acknowledge that you must provide for your own access to the internet and pay all costs associated with such access and with the use of the Services, as well as procure all equipment that is necessary in order to access the internet and use the Services, including but not limited to a mobile device, a computer, a modem, a printer, and in some cases a tablet computer or other equipment. You shall also be responsible for the maintenance of such equipment.

Nexaura may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. Nexaura may also limit the geographic locations or jurisdictions where certain Services may be available.

Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a Subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the Subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the App or the Services whatsoever is to discontinue using the App and the Services.

The Subscribers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the Subscriber will be responsible for all activities performed under their passwords, as well as unauthorized use.

You assume sole responsibility for and shall ensure that any content, information, data, documents or materials used, disclosed, entered into or created using the App or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines. You represent and warrant that you have obtained all required consents and comply with all applicable privacy legislation in connection with any use and disclosure of information and content relating to the use of the App and the Services. Nexaura accepts no responsibility for the accuracy of any content, information, data, documents or materials entered into or created using the App or the Services except as otherwise set out herein. The input, posting or uploading of any information (in any medium) and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.

3. Condition of Usage

You agree to use the App and the Services for the purposes that they were intended and only in accordance with the terms of this Agreement.

If you register an account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and from time to time in connection with your use of the App. Your registration for any of the App constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a user name and password. You are responsible for keeping your user name, password, account details, and all information required in connection with your use of the App confidential and up to date. You agree to hold harmless and release the Nexaura Parties from any liability if we do so.

Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the Nexaura Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Nexaura Parties for any damages, third-party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.

4. Online Access to Payment Providers and Other Services.

Certain online services may be provided by third-party service providers and not by us. You agree to hold harmless and release the Nexaura Parties from any liability relating to your use of such online services. Your access to and conditions of use of such services may be limited in accordance with the terms of use published by such third-party provider. You may be billed by your third-party provider for such services and any such fees or costs (including text, data, phone, and delivery charges) are independent of Nexaura and will be paid by you.

5. Software Notice

In the event that a user is required to download or use software in connection with the Services, they shall be unable to download and access such software unless they first agree to the license agreement relating to such software. Use of any such software is governed by these Terms of Use and any such license agreement.

6. Copyrights, Trade-Marks and Intellectual Property.

Nexaura and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, webpage layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the App and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within the App constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using the App by a user or otherwise provided for accessing the App on the user’s behalf shall at all material times remain the property of the user. The user hereby grants to Nexaura a worldwide, perpetual, royalty free, non-exclusive right and licence to use all content (including audio, video and photographic content) provided by the user in connection with the App and the Services for uses related to the delivery of the Services. For greater certainty, you grant us permission to use your image, voice, and likeness in photographic and video content on our App, social media, and other promotional materials without compensation. You waive any right to inspect or approve this content prior to our use and you release the Nexaura Parties from any liability related to the use of such content.

Materials on and relating to the App, including the content of the App and any software downloaded from the App, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, Nexaura reserves all rights in and to such materials. You agree that you will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the App or any content therefrom without Nexaura’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the App.

Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screen shots) which you generate as a Subscriber using the Services. Your use of screen shots is subject to the following:

No screen shot may be used from any beta version of the App unless it has been commercially released to the public;
the use is for illustrative purposes;
the use may not imply any endorsement or affiliation by or with Nexaura;
the screen shot does not contain any commentary which may appear to have been attributable to us;
the screen shot does not contain any third-party content; and
the use does not infringe on any of these terms of use.

Nexaura has rights to several trade-marks which it uses in connection with the operation of the App. Nexaura does not grant the users any right or license to use the App trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.

7. Prohibited Use.

The users shall access the information stored using the Services only for lawful purposes and may not use such information for the purpose of committing or furthering unlawful or fraudulent acts or for committing any acts that could give rise to civil and/or criminal liability.

8. Accuracy

Nexaura relies on you to ensure that the Personal Information you provide to us while using the Services is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. You are welcome to make changes or corrections to Personal Information at any time.

The users agree not to publish, post, upload, distribute, provide or enter any material, information, content or communication that is unlawful, fraudulent, misrepresentative, false, misleading, or which, in our opinion, can be regarded as libelous, malicious, threatening, harassing, offensive, profane, obscene, or which incites hatred or violence, or which expresses a political or religious opinion or viewpoint which is likely to be inflammatory, or which can be regarded as controversial rhetoric or debate which fans religious, ethnic or racial tensions, which is immoral, or which any reasonable person would consider objectionable on grounds of community standards and good conscience (“Prohibited Content”).

No user shall have the permission, and no user may grant any other person the permission or consent to submit or post or deliver to the user or such other persons any Prohibited Content or any unsolicited, or unauthorized material, content or communication through the use of the Services, or send any promotional materials, advertise, engage in phishing, spamming, sending chain letters or to engage in any form of improper solicitation.

No user shall be permitted to upload material into the App that they know or ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the App and the Services in a manner which could block access to, impair, damage or otherwise disable the App or any of our servers. You may not attempt to gain unauthorized access to the App or to any other user’s accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer.

No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Nexaura in a manner that is inconsistent with our intellectual property rights over the software.

Except to the extent we expressly permit, no user shall promote any for profit, business or commercial interest on the App, falsify or delete any information on the App, collect personal information without express authority to do so, violate applicable laws, create a false identity or utilize the App under false pretenses.

9. Updates

Nexaura will endeavour to continuously improve its software for better usage by the Subscribers. As such we may remotely update any version of our software with or without a prior notice to the Subscribers or users. The updates may occur automatically or may be caused to occur through operation of prompts that appear on the Subscriber’s interface. The updated version will be subject to the current Terms of Use and any other additional terms that may also be included in the current terms with or without notice. Nexaura may send emails to Subscribers explaining the new features of the updated version of the software or may simply post such updates on the most appropriate portion of its website.

10. Limitation of Liability.

THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE APP PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, NOR FOR ANY LOST PROFIT, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A “CLAIM”) WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF THE APP AND THE SERVICES AND ANY RELATED APPLICATIONS INCLUDING THIRD-PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO THE APP; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF THE APP AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.

FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APP AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) AND (B) AMOUNTS YOU’VE PAID NEXAURA IN THE PRIOR 12 MONTHS (IF ANY). YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.)

EXCEPT IN THE MANNER PROVIDED FOR IN THESE TERMS OF USE, NEXAURA, ITS LICENSEES, AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS, DISCLAIM, AND EXPRESSLY DO NOT PROVIDE ANY DIRECT OR INDIRECT, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR MERCHANTABILITY; OR THAT THE APP, THE SERVICES, ANY THIRD-PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY WILL: (I) BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR INTENDED USE; (II) MEET THE USERS’ REQUIREMENTS AND EXPECTATIONS; (III) BE UNINTERRUPTED, FLAWLESS, TIMELY, ACCURATE, RELIABLE, SECURE OR ERROR FREE, OR; (IV) BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOU AGREE TO USE THE APP, THE SERVICES, ANY THIRD-PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO THE APP AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF THE APP AND SERVICES FOR YOUR INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING THE APP AND THE SERVICES.

11. Termination of Service.

Nexaura may terminate this Agreement and your use of the App at any time without notice if you breach any of these terms. Subscribers may use Nexaura on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this Agreement or any related license agreement. The following are the ways in which the agreement between a Subscriber and Nexaura may be terminated:

You follow the Unsubscribe or account closure instructions found on the App.
We issue notice to any party to the effect that that party has in our reasonable judgment breached this Agreement or any other agreement as between the parties and upon expiration of 7 days to remedy the breach and such party failing to do so.
In case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.

Upon such termination, you must immediately cease using the App indefinitely. We may at our option immediately block your access to the App.

12. Ownership and Disclosure of Information.

Subject to the licenses set out herein, you own all of your private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and the App. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following.

For the purposes of fraud prevention and law enforcement;
To comply with any legal, governmental or regulatory requirement;
To our lawyers in connection with any legal proceedings; and
To comply with a court order.

If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. Nexaura’s Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.

13. Third-party Links and Content.

You may when using our Site and Services be directed to websites maintained by other third-party service providers. Such sites are completely independent of the App and as we have no control over them, we accept no liability in respect of your use or inability to use them or any of the content of such sites. You acknowledge that any use of the products and services offered by such third-party services providers (eg. for the purposes of payment processing) will be at your sole risk. You acknowledge that use of such third-party service providers and their websites is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third-party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of the products and services of third-party service providers whether or not such use is ancillary to your use of the App. The availability of such third-party services in connection with the App does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third-party provider or its products or services.

14. Authorization to Export Data.

The Subscriber and the user acknowledge that we may retain a copy of their content and transactional information gathered through the use of the App and other information uploaded on the user’s account. We may in certain circumstances export user information outside the Province of Ontario and outside of Canada. We shall not share personal information with anyone except in the manner provided in our Privacy Policy.

15. Force Majeure.

Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third-party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, pandemics, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.

16. Severance.

All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Use should be determined to be unenforceable the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.

17. Governing Law and Dispute Resolution.

Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with the App and any Service, software, tool, application or functionality, will be deemed to have been performed in Ontario, Canada. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of the Province of Ontario, Canada.

You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.

18. Legal Status of Nexaura Technologies Inc.

18. Language

You and we expressly acknowledge and agree that this Agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only. Il est convenu que cette convention et tous les annexes, documents, licences et politiques s’y rattachant soient rédigés en anglais.

19. Privacy Policy.

Nexaura’s Privacy Policy is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and your information (the “Information”) collected for the purposes of the Services offered through our website. Our Privacy Policy is based on applicable legislation as well as 10 internationally recognized privacy principles, and may be updated from time to time.

19. Information Received from Third-party Services

The Services offered by Nexaura allow Subscribers to use certain third-party service providers who may retrieve financial and other information for the purpose of providing the Services or services ancillary to the Services. However, Nexaura does not review this information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information required by us or any third-party service providers in connection with any of the Services.

19. Registration Information

Subscribers and users are responsible for maintaining the confidentiality of their usernames, passwords and other access credentials which allow them use the App and access the Services.

20. No Waiver

No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.

20. Digital Millennium Copyright Act

Some of the content provided on the App from time to time may be contributed by users. You represent and warrant that any content or material provided to us does not breach the rights, including copyright, of others.

Procedure for Reporting Copyright Infringement Claims: If you believe your copyright in any work has been infringed and such work is accessible through the App, you may notify Nexaura’s copyright agent pursuant to the Copyright Act (Canada) and the Digital Millennium Copyright Act of 1998 (DMCA), as applicable, for notice of claims of copyright infringement here, Attention: Copyright Agent. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement, which Nexaura may then forward to the alleged infringer:

identification of the copyrighted material that you believe has been infringed;
identification of the allegedly infringing material on the App, with sufficient detail to enable us to locate it on the App;
your address, telephone number and email address;
a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
provide your or your agent’s physical or electronic signature.

You may provide this information in writing or by email notification to the following Designated Agent:
Attention: DMCA Office Agent
Nexaura
c/o privacy@usethryve.com

Upon receiving your complaint, Nexaura may remove content that you believe infringes your copyright.

Procedure for Counter-Notification: If material that you have posted to the App has been taken down, you may file a counter-notification by contacting Nexaura’s copyright agent, who can be reached here, Attention: Copyright Agent, which counter-notification must contain the following details:

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that, notwithstanding the choice of laws and venue otherwise set out herein, you consent for the purposes of this counter-notification and other proceedings under the DMCA to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for the jurisdiction of the Courts of the Province of Ontario in the City of Toronto, Canada, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
Your physical or electronic signature.

NOTE THAT YOU MAY BE HELD LIABLE FOR DAMAGES, COURT COSTS AND ATTORNEY’S FEES INCURRED BY US, BY A COPYRIGHT OWNER, OR BY A COPYRIGHT OWNER’S LICENSEE IF YOU PROVIDE ANY FALSE INFORMATION, OR MISREPRESENT YOURSELF AS THE RIGHTFUL OWNER OF COPYRIGHTED MATERIAL. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c).

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