Terms & Conditions

Welcome to Thrybr. These Terms and Conditions ("Terms") govern your access to and use of the Thrybr platform, website, and services (collectively, the "Platform"), operated by NXU Holdings LLC ("NXU," "we," "our," or "us"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not use the Platform.

1. Acceptance of Terms

By creating an account, subscribing to a membership, or using any Thrybr service, you affirm that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are accessing the Platform on behalf of a business or brand, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

Thrybr is a creator network platform that connects content creators with brand partners and provides access to production resources, coaching, content scheduling, and professional infrastructure. We offer two primary membership tracks:

2.1 Creator Membership

Creator Members pay a monthly subscription fee as published on the Platform and receive:

• Access to the EAAT (Endorsement as a Trade) sponsor pool
• A professionally built business profile with monthly analytics reports shared with partner brands
• One onboarding coaching session (2 hours) at signup
• One quarterly strategy check-in session (1 hour)
• Member rates on all à la carte services (studio booking, videography, content scheduling, additional coaching)

2.2 Brand Network Membership

Brand partners pay a monthly network participation fee at published tier rates (Entry, Standard, or Partner) for managed access to Thrybr's vetted creator pool, creator selection, content review, monthly analytics delivery, and fulfillment support.

2.3 À La Carte Services

Studio booking, videography, content scheduling, and coaching services are available for booking by members and non-members at published rates. Services are billed separately from membership fees and are subject to availability.

2.4 Content Scheduling Program

Thrybr offers content scheduling services to help creators plan, organize, and publish content across social media platforms. Content scheduling services may include:

• Multi-platform content calendar management
• Scheduled posting to social media accounts
• Content queue management and optimization
• Publishing coordination for brand partnership deliverables

Content scheduling services are billed at published rates and require appropriate platform authorizations. NXU is not responsible for content delivery failures caused by third-party platform changes, API limitations, or account access issues.

2.5 Analytics & Reporting

Creator Members and Brand Network Members receive monthly analytics reports. Reports include performance metrics from connected social media accounts, engagement data, and audience insights as available from platform APIs. NXU collects and analyzes data from publicly accessible creator accounts and authorized platform integrations. The accuracy and completeness of analytics depend on third-party platform data availability.

3. Membership & Billing

3.1 Subscription Terms

Creator Membership and Brand Network Membership are billed monthly on a recurring basis. Your subscription will automatically renew each month on the anniversary of your signup date unless you cancel prior to the renewal date.

3.2 Payment

You authorize NXU to charge your designated payment method each billing cycle. If payment fails, we reserve the right to suspend or terminate your account after providing notice.

3.3 Cancellation & Refunds

You may cancel your membership at any time through your account settings or by contacting us at support@thrybr.com. Cancellations take effect at the end of the current billing cycle. Membership fees are non-refundable except as required by law. À la carte services booked but not yet rendered may be refunded at our discretion.

3.4 Price Changes

We reserve the right to modify membership fees or service rates with at least 30 days' notice. Continued use of the Platform after a price change constitutes acceptance of the new pricing.

4. EAAT (Endorsement as a Trade) Model

4.1 How EAAT Works

Creator Members gain access to brand sponsorship opportunities through Thrybr's EAAT sponsor pool. NXU manages the selection, placement, and fulfillment of brand partnerships. Creators do not negotiate directly with brands unless explicitly permitted by NXU.

4.2 Brand Placements

NXU has sole discretion in matching creators with brand partners based on audience fit, content quality, and brand guidelines. Creators are not guaranteed a specific number of placements or sponsorship opportunities.

4.3 Content Standards & Compliance

Creators participating in EAAT placements must:

• Adhere to brand guidelines and creative direction provided by NXU
• Disclose sponsored content in accordance with FTC guidelines and platform policies
• Submit content for NXU review prior to publication when required
• Meet agreed-upon deadlines for content delivery

4.4 On-Platform vs. Off-Platform Deals

Brand deals arranged through Thrybr's EAAT sponsor pool are protected by NXU's vetting, analytics, and replacement guarantees. Deals arranged outside the Platform carry no such guarantees and are the sole responsibility of the parties involved. NXU is not liable for disputes, non-payment, or performance issues arising from off-platform arrangements.

5. User Conduct & Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Upload or share content that is defamatory, obscene, harassing, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Use automated means (bots, scrapers) to access the Platform without our written permission
• Interfere with or disrupt the integrity or performance of the Platform
• Solicit or poach Thrybr brand partners or creators for off-platform commercial purposes

6. Content & Intellectual Property

6.1 Your Content

You retain ownership of all content you create and upload to the Platform ("User Content"). By uploading User Content, you grant NXU a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your content for the purposes of operating the Platform, fulfilling brand partnerships, and promoting Thrybr.

6.2 Platform Content

All materials on the Platform, including text, graphics, logos, software, and design elements, are the property of NXU or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Platform, you grant us the right to use and incorporate such feedback without compensation or attribution.

7. Third-Party Services

The Platform may integrate with or link to third-party services, websites, or applications (e.g., Instagram, TikTok, YouTube). NXU is not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

8. Privacy

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our data practices as described in the Privacy Policy.

9. Disclaimers

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NXU does not guarantee:

• Uninterrupted or error-free operation of the Platform
• That the Platform will meet your specific requirements
• Any specific results, earnings, or sponsorship placements from your membership
• The accuracy, reliability, or completeness of any content or information on the Platform

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NXU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Platform
• Any unauthorized access to or use of our servers or your personal information
• Any interruption or cessation of transmission to or from the Platform
• Any bugs, viruses, or other harmful code transmitted to or through the Platform by third parties
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Platform

IN NO EVENT SHALL NXU'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO NXU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless NXU and its officers, directors, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Platform
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights

12. Termination

We reserve the right to suspend or terminate your account and access to the Platform at any time, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise objectionable. Upon termination, your right to use the Platform will immediately cease. Sections that by their nature should survive termination (including payment obligations, disclaimers, and limitations of liability) will remain in effect.

13. Dispute Resolution & Governing Law

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

13.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Buffalo, New York. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise.

13.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND NXU INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and NXU regarding your use of the Platform.

14.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms.

14.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. NXU may assign or transfer these Terms without restriction.

15. Contact Information

If you have questions about these Terms, please contact us at:

NXU Holdings LLC
Buffalo, NY
Email: support@thrybr.com