Terms of Service
Last updated: Oct 24th, 2023
Hyve Social Inc (“Hyve,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our web and mobile applications and related technologies (the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms”). By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you will not access, browse, or otherwise use the Service. You may read a current, effective copy of these Terms by visiting the “Terms of Service” link on our site, www.joinhyve.io.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND HYVE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
Text messaging: By using the Service, you are consenting to be contacted by Hyve or its partners by text message, SMS and/or MMS message for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Hyve or its partners.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device.
In the event you would no longer like to receive such text messages, you can reply to any text, SMS or MMS message you receive from us by texting “STOP” to cancel. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
Payments: By using the Service, you agree to provide and authorize Hyve or its partners (Stripe, Inc) to securely store your credit card information for the purpose of establishing an intent to pay the event's maximum per person cost. This amount is set by the event host on the Service, and is displayed to all users before RSVPing into an event. The credit card information will only be used to charge your card the final per person cost if the event is deemed successful and meets the funding requirements, as determined by the Service.
You acknowledge and agree that any credit card information provided will be stored securely by Hyve and its partners in accordance with applicable data protection laws and industry standards. Your credit card information will not be shared with unauthorized third parties, and will only be used for the purpose of processing payments for events facilitated through the Service.
By providing your credit card information, you confirm that you are the authorized cardholder and that you have the legal right to use the credit card for the intended purpose. You also agree to promptly update your credit card information in the event of any changes, including the expiration date, billing address, or card number.
Hyve and its partners reserve the right to take appropriate action, including the suspension or termination of your account, in the event of any unauthorized or fraudulent use of your credit card information, or any violation of these Terms.
Host responsibilities: As a user of the Service, you acknowledge and agree that if you are acting as an event host, you are solely responsible for the responsible and prudent use of the event budget raised via the Service.
It is your responsibility as the event host to use the funds collected for the event judiciously and in accordance with the expectations that were conveyed to the guests prior to their contributions to the event on the Service. You should ensure that the services procured from the event vendors are within the limits of the budget collected and meet the quality and safety standards expected by the guests.
Hyve expressly disclaims any liability for the acts, omissions, or conduct of any third-party vendors, and will not be responsible for any harm, damages, or costs arising from your interactions with such vendors. Your recourse in case of any dispute or dissatisfaction with an event vendor will be against the vendor alone, and not Hyve.
User dispute limitation; Refund policy: By using the Service, you acknowledge and agree that Hyve is not responsible for the quality or outcome of any event planned through our platform. Hyve's role is to enable the collection of funds for the event, with the allocation and usage of these funds being solely at the discretion of the event host. Hyve has no control over any actions of event hosts, vendors, or other third parties which occur outside the Service.
In the event of an unsatisfactory outcome due to poor event hosting, vendor performance, or other circumstances beyond Hyve's control, you agree that disputes concerning charges related to such events should not be brought against Hyve. Any dissatisfaction with an event should be directed towards the event host or the respective vendor. All purchases made on Hyve are therefore subject to the refund policies of the applicable Host. If refund is permitted by the applicable Host, Hyve processing fees are non-refundable and will not be included in any refunds processed on the Service, regardless of the reason for the refund.
You understand and agree that if you dispute charges against Hyve for reasons related to the event's outcome, Hyve reserves the right to limit, suspend, or terminate your access to the Service. This measure is to protect the integrity of our platform and our users against fraud, and does not affect your ability to dispute charges directly with the event host or vendors. If you seek a refund, please contact the applicable Host or contact us at email@example.com if you need to be connected with the Host.
Acceptance of terms: By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Modification of terms: We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through the Service or by other means. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.
Account creation: In order to use the Service, you must create an account. To create an account, you must be at least 18 years of age and have a valid phone number and email address. You may not use the Service if you have been previously banned or suspended from the app.
User conduct: You are responsible for your use of the Service and any interactions you make through the app. You agree to comply with all applicable laws and regulations in connection with your use of the app and your interactions. You may not use the Service for any illegal or abusive purpose, including for illegal activities or to harass or bully other users.
Intellectual property: The Service and all content and materials included on the app, including text, graphics, logos, images, and software, are the property of Hyve or its licensors and are protected by copyright and trademark laws. You may not use any content or materials on the Service for any commercial purpose without the express written consent of Hyve.
Disclaimer of warranties: The Service is provided "as is," without warranty of any kind, either express or implied. Hyve does not warrant that the Service will be uninterrupted or error-free, and will not be liable for any interruptions or errors.
Limitation of liability: Hyve will not be liable for any damages of any kind arising from the use of the Service, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Indemnification: You agree to indemnify and hold Hyve and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.
Termination: Hyve reserves the right to terminate your account or access to the Service at any time and for any reason, without notice. If your account is terminated, you will no longer be able to access the Service or any events you have made through the app. Furthermore, we reserve the right to cancel any events hosted on our Service which may be seen as illegal, dangerous, or otherwise malevolent.
Governing law: These Terms and your use of the Hyve app will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.