Terms of Service

These terms

These terms govern your use of Thrive Code Labs ("we", "us", "our"), a software development business based in Australia, registered as Thrivecode Labs, ABN 55 843 989 120, including our website and the client portal.

By creating an account or asking us to do work, you agree to these terms. If you are agreeing on behalf of a company, you confirm you have authority to bind it. Our Privacy Policy forms part of these terms.

What we do

We build, fix and maintain web applications. You can work with us in four ways:

• on a monthly plan, which grants you credits each month
• pay-as-you-go, with no plan, paying per job by card
• as a one-off Full Code Audit
• under a separate arrangement, where we bill you outside the portal

Your account

You are responsible for what happens under your account, for keeping your password secure, and for the people you invite into your account. Tell us promptly if you think your account has been compromised.

You must be a business, and at least 16 years old, to hold an account.

Prices and currency

Prices on this page are in US dollars (USD), matching the currency selected on our pricing page. We are an Australian business that bills in both US dollars and Australian dollars, so a figure shown as "$149" means US$149 and one shown as "$228" means A$228.

Your billing currency is fixed when you sign up and cannot be changed afterwards. It comes from the country and currency you choose on the signup form, and it is what your plan, your top-ups, your audits and every job you approve are charged in. Everything you see on the pricing page before you sign up is a preview, not a commitment.

Australian dollar prices include GST. US dollar prices exclude taxes unless we say otherwise. If you are billed in a currency other than your own, your bank may apply a currency conversion or foreign transaction fee, which is between you and your bank.

Credits

One credit is one US dollar of our work. Credits are the internal unit we price jobs in. They are not currency, they have no cash value, and they cannot be exchanged for money or transferred to anyone else.

Credits come from three places:

• your monthly plan grant
• one-off top-ups you buy in the portal
• adjustments we make, for example if we get something wrong

Unused plan credits roll over, up to a cap. Your balance cannot exceed 2 times your plan's monthly credit grant. On Starter that ceiling is $400, and on Pro it is $900. If a monthly grant would take you past the cap, the excess is not granted and is not banked for later. Top-ups are exempt from the cap.

If you cancel your plan, credits already in your balance remain available and you can keep spending them on work. You stop receiving new monthly grants. We do not refund unused credits for cash.

Plans and billing

Starter costs $149 per month and grants $200 in credits. Pro costs $299 per month and grants $450 in credits. Plans grant more credit than they cost, which is the point of being on one.

Plans renew automatically each month until you cancel. You can cancel any time in the portal, and cancellation takes effect at the end of the period you have already paid for. We do not pro-rate a partial month.

Payments are processed by Stripe. We do not see or store your card details. If a payment fails we may suspend work and grants until it is resolved.

We may change plan prices. If we do, we will give you at least 30 days' notice by email, and the change takes effect at your next renewal after that notice. You can cancel before it takes effect.

Pay-as-you-go

If you have no active plan, you can still submit work. You pay per job by card at the quoted price, which is 1.2 times our assessed price for that job. Plan holders spend credits they bought below face value, so this is the same difference seen from the other side. There is no monthly commitment and no credit balance.

Full Code Audit

A Full Code Audit is a one-off service costing $299. If you hold an active plan the price is $150. Pro includes one free audit, claimable once.

How work is quoted and approved

When you submit a request, our system assesses it and proposes a price. Assessed prices are between $20 and $2,000. Anything outside that range, anything above a set threshold, anything that reads as a new feature rather than a fix, and anything touching sensitive areas such as authentication, payments or data deletion is reviewed by a person before you see it.

Nothing is charged until you approve the quote. You see the price first and choose whether to proceed. Approving a quote spends credits, or takes payment if you are pay-as-you-go.

A quote covers the work as we understood it. If the request turns out to be materially different once we are into it, we will come back to you with a revised quote rather than silently spending more.

If we bill you outside the portal

Some clients work with us under a separate arrangement, such as an existing engagement or one that began on a freelancing marketplace. If that is you, your portal is a work board only. You will see no prices, no credit balance and no billing page, and there is no approve-and-pay step on a request.

The sections above on plans, credits, pay-as-you-go, the Full Code Audit, and how work is quoted and approved do not apply to you, and neither does the section on refunds below. What you pay, when and how is whatever we agreed with you separately in writing. If that agreement and those sections ever appear to conflict, the agreement wins.

Everything else in these terms still applies, including who owns the code we deliver, confidentiality, how we handle personal information in your application, our warranties, and the limits on our liability.

Work we may decline

We can decline any request, and we will tell you why. We will not knowingly build anything unlawful, anything designed to deceive people, anything that infringes someone else's rights, or anything we judge unsafe to your users or ours. Declining costs you nothing.

Your material, your access

To do the work you may give us access to your code, repositories, servers or accounts. You confirm you have the right to grant that access, and that anything you give us does not infringe anyone else's rights.

You keep ownership of everything you give us. We use it only to do the work you asked for.

Do not put passwords, API keys or other credentials into a work request or a screenshot. Ask and we will arrange a secure method.

When we work on your application

Doing the work often means we can see personal information your application holds about your own customers. That information is yours, not ours, and you stay responsible for it to the people it belongs to.

In relation to that information, we will:

• access and use it only to carry out the work you asked for, and on your instructions
• never use it for our own purposes, never sell it, and never use it to train models
• keep it confidential and limit access to the people who need it for the work
• tell you without undue delay if we become aware of a breach affecting it, with what we know at the time, so you can meet your own notification obligations
• return or delete it when you ask, or when the work is finished and we no longer need it, unless a law requires us to keep it

The service providers named in our Privacy Policy may handle that information on our behalf in the course of the work. We will tell you before we add a new one that changes this position.

Note that this is about information we encounter inside your application. Please still keep personal information about other people out of the work requests you type into the portal, for the reasons set out in our Privacy Policy.

If you need a formal data processing agreement, ask us and we will put one in place.

Who owns the code we deliver

You own the code we write for you. That is the point of working with us rather than a platform you cannot leave.

On payment for a piece of work, we assign to you all intellectual property rights in the code and materials we produce specifically for you as part of it. That assignment takes effect automatically when the work is paid for, and we will sign anything reasonably needed to confirm it.

Two carve-outs, so this is honest rather than merely generous:

• Our general tools. We keep ownership of the general know-how, libraries, templates and internal tooling we bring to the job and reuse across clients. Where any of that is embedded in what we deliver, you get a perpetual, worldwide, royalty-free licence to use, modify and sublicense it as part of your application. You are never blocked from using, changing or moving what we built for you.
• Third-party and open-source components. Those stay owned by their authors and reach you under their own licences. We use components with licences suitable for commercial use.

Until a piece of work is paid for, we retain ownership of it.

Showing our work

We would like to name you as a client and describe the work at a high level in our portfolio and case studies. If you would rather we did not, tell us and we will not. We will never publish your code, your data, or anything you have told us in confidence.

Confidentiality

Each of us may learn confidential things about the other. We will not disclose your confidential information to anyone except the service providers listed in our Privacy Policy, or where the law requires it. This continues after our relationship ends.

Our warranties, and your rights under Australian law

We will perform the work with reasonable care and skill, by people competent to do it. Software is never perfect and we do not warrant that it will be error free or uninterrupted.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where our services come with a guarantee that cannot be excluded, and we fail to meet it, our liability is limited to resupplying the services or paying the cost of having them resupplied, at our option, to the extent the law allows us to limit it that way.

If you are in the United States, consumer protection laws in your state may give you additional rights, and nothing here limits rights that cannot be limited under the law that applies to you.

Refunds

If we get something wrong, tell us and we will fix it, redo it, or credit you. That is the normal remedy and usually the fastest one.

Beyond that, we do not offer refunds for work already delivered and approved, or for unused credits, except where a law that cannot be excluded requires one. Your rights under the Australian Consumer Law described above are not affected by this paragraph.

Limitation of liability

Subject to the section above on rights that cannot be excluded, neither of us is liable to the other for indirect or consequential loss, loss of profits, loss of revenue, loss of data or loss of business opportunity.

Our total liability arising out of or in connection with these terms is limited to the amount you paid us in the 12 months before the event giving rise to the claim.

You keep responsibility for your own backups and for testing what we deliver before it reaches your users.

Suspension and termination

You can stop using the service and cancel your plan at any time.

We may suspend or close an account that does not pay, that misuses the service, or that asks us for work we have said we will not do. Where it is reasonable to do so, we will warn you first and give you a chance to fix it.

On closure you keep everything already delivered and paid for. Ask us within a reasonable time and we will help you export your data.

Changes to these terms

We may update these terms. The date at the top shows when they last changed. If a change is significant we will tell account holders by email before it takes effect. Continuing to use the service after that means you accept the change.

Governing law

These terms are governed by the laws in force in Australia, and each of us submits to the jurisdiction of courts competent to hear matters in Australia. If you are in the United States, this does not remove any right you have to bring a claim in your local courts where the law gives you that right regardless of this clause.

General

If any part of these terms is unenforceable, the rest still applies. If we do not enforce something straight away, we have not given up the right to enforce it later. You may not transfer your rights under these terms without our consent.

Contact

Thrive Code Labs
hello@thrivecodelabs.com