Hīven Terms of Service
Thanks for using Hīven! Hīven is an online marketplace that helps professionals find and share coworking opportunities. Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Hīven Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 13 of these Terms of Service contains an arbitration clause and waivers of class actions waiver that apply to all Hīven Members. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: July 17th, 2018
We are continuously improving the Platform or Service for all users and reserve the right to make changes in our discretion. Changes we make to the Platform or Service, including discontinuing certain features, affect all users and we try to minimize disruption to users. However, these changes may affect users differently. We are not responsible if any specific changes we make to the Platform or Service adversely affect how you use them.
Table of Contents
1. Scope of Hīven Services
2. Eligibility and Member Verification
3. Your Account
5. Membership and Billing
6. Fees and Payments
7. Platform and Service
8. Terms specific for Hosts
9. Terms specific for Guests
10. Ratings and Reviews
11. Damage to Hives, Disputes between Members
12. Prohibited Activities
13. Termination, Disputes, and other Binding Arbitration
14. Additional Legal Terms
1. Scope of Hīven Services
1.1 The Hīven Platform is an online marketplace that enables registered users (“Members”) to share and enjoy coworking opportunities. The terms “Guest” and “Host” refer to the party Booking or Listing a Hive, respectively. A “Hive” is the location or site where the coworking opportunity is taking place, that is made available to a Guest to use during specific times for coworking purposes, and subject to specific Fees and any site-specific terms or limitations. A Host may “List” a Hive by providing certain details about the Hive including availability, amenities, and terms or limitations of use; this posting about a Hive is called a “Listing”.
A Guest may “Book” a Hive by accepting the times, fees, and any additional terms or limitations of the Listing. A “Booking” is only the grant of a limited, temporary, revocable license to use a Hive, and subject to all restrictions provided, subject to this Agreement, and as confirmed through the Platform. The scope of the use—including times, specific fees, and other additional terms or limitations—may also be included in or supplemented by a separate “Booking Agreement” that incorporates the terms and conditions of this Agreement and referenced policies. A Booking does not provide you a lease but only allows you limited access to use the Hive or other service only as permitted in the Agreement and, as applicable, the Booking Agreement.
1.2 As the provider of the Hīven Platform, Hīven does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. Hosts alone are responsible for their Listings. When Members make or accept a booking, they are entering into a contract directly with each other. Hīven is not and does not become a party to or other participant in any contractual relationship between Members, nor is Hīven a real estate broker or insurer. Hīven is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, Hīven has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Hīven does not endorse any Member, or Listing. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Hīven about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to work at a Hive, create a Listing, or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the Hīven Platform as a Host, your relationship with Hīven is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Hīven for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Hīven. Hīven does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of their Listing. You acknowledge and agree that you have complete discretion whether to List or otherwise engage in other business or employment activities.
1.5 To promote the Hīven Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Hīven cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Hīven Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Hīven Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Hīven is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Hīven of such Third-Party Services.
1.7 Due to the nature of the Internet, Hīven cannot guarantee the continuous and uninterrupted availability and accessibility of the Hīven Platform. Hīven may restrict the availability of the Hīven Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Hīven Platform. Hīven may improve, enhance and modify the Hīven Platform and introduce new Hīven Services from time to time.
2. Eligibility and Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Hīven Platform or register an Hīven Account. By accessing or using the Hīven Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Hīven may make access to and use of the Hīven Platform, or certain areas or features of the Hīven Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the Hīven Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Hīven Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5 Compliance with Applicable Laws. As used in this Agreement, “Laws” means all applicable federal, state, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contract, restrictions, covenants and other agreements. You will comply with all Laws applicable to your use of the Hives, Services and Platform whether as a Host or Guest. While we may provide information to help you understand certain
obligations of using or hosting Hives, we are not authorized to provide and do not provide any legal advice. You are solely responsible for your compliance with Laws and may only use the Platform or Service in compliance with applicable Laws. If you are unsure how to comply with Laws, you should seek legal advice related to Listing or Booking a Hive.
2.6 Some areas of the Hīven Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Your Account
3.1 Before using the Platform or Services, you must create an account with Hīven (“Account”) and provide us with information about yourself or your company. We may ask that you update your Account or provide additional or different information at any time. This includes requiring additional details about Hives or payment information. Any employees, contractors, or third-parties opening a new or using an existing account (collectively, “Agents”) represent and warrant that they represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
3.2 You will be required to provide an email address and password to keep your Account secure (“Credentials”). You are responsible for keeping your Credentials private and secure and may not disclose your credentials to any third party. You must immediately notify Hīven if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Hīven Account. You are liable for any and all activities conducted through your Hīven Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
3.3 You must provide accurate, current and complete information during the registration process and keep your Hīven Account and public Hīven Account profile page information up-to-date at all times.
3.4 You may not register more than one (1) Hīven Account unless Hīven authorizes you to do so. You may not assign or otherwise transfer your Hīven Account to another party.
3.5 You may close your Account at any time by notifying us. You are responsible for all activity associated with your Account made before it is closed including payment of Fees, Taxes, or Fines; providing use of Hives to Guests as previously Booked; or other liabilities caused by or resulting from use of the Platform or Service. You understand that we may retain Content and continue to display and use any public Content (including comments or reviews of Hives) provided to us prior to closing your Account.
At our sole option, we may suspend or terminate your Account as provided in Section 13.
4.1 Hīven may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, images, audio, video, or other materials and information on or through the Hīven Platform (“Member Content“); and (ii) access and view Member Content and any content that Hīven itself makes available on or through the Hīven Platform, including proprietary Hīven content and any content licensed or authorized for use by or through Hīven from a third party (“Hīven Content” and together with Member Content, “Collective Content“).
4.2 You are solely responsible for all Member Content that you make available on or through the Hīven Platform. We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Hīven Platform or you have all rights, licenses, consents and releases that are necessary to grant to Hīven the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Hīven’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.3 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Hīven policy. Hīven may, without prior notice, remove or disable access to any Member Content that Hīven finds to be in violation of these Terms or Hīven’s then-current Policies, or otherwise may be harmful or objectionable to Hīven, its Members, third parties, or property.
4.4 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Hīven Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hīven or its licensors, except for the licenses and rights expressly granted in these Terms.
4.5 Subject to your compliance with these Terms, Hīven grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Hīven Platform and accessible to you, solely for your personal and non-commercial use.
4.6 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Hīven Platform, you grant to Hīven a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Hīven Platform, in any media or platform. Unless you provide specific consent, Hīven does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5. Membership and Billing
5.1 Eligible Hours. Guests receive hours of workspace time each membership cycle (“Eligible Hours”) to be used to book any Hive of their choice available on Hīven platform. The number of Eligible Hours per membership is calculated based on a hourly rate per type of Hive applicable to the geography of the bookings. Current rates are indicated on the web page. Hīven reserves the right to allow a Member to transfer or gift hours to other Hīven members. Hīven reserves the right to increase from time to time in its sole discretion the number of Eligible Hours a Member can take in a given cycle (such as pursuant to certain promotions that we may offer from time to time). Hīven makes no guarantee on the availability of hours as access to Hives is on a space-available basis.
5.2 Rollover Hours. Rollover Hours have a monthly cap. Once you have reached the maximum amount of hours your membership plan can rollover, your oldest credit(s) will expire in order for you to receive new credits. Rollover hours expire after 3 months. Rollover Hours will carry over even if the membership plan is upgraded or downgraded, as long as the member maintains an active subscription of the Working Bee or Royal Bee plans. Rollover hours are not eligible for being rolled over if the eligible subscription to the Working Bee or Royal Bee plan is cancelled. Please note that any Rollover Hours not used on your account at the time of cancellation are forfeited, and will not be exercisable if the membership is reactivated again in the future.
5.3 Additional Hours. Members can use additional hours (“Additional Hours”) as needed if they have already used all of their allotted hours on their current plan. Additional Hours are automatically enabled and billed at a hourly rate applicable to the geography of the membership. Current rates are indicated on the web page. The member will be automatically charged that amount using their valid Payment Method at the end of their current billing cycle.
5.4 Membership Cycle. Your Hīven membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Each Hīven cycle is one month in length, and will automatically renew on the same date each month. Once your new month starts, you will receive your full number of Eligible Hours for such new monthly cycle. Please note that any Eligible Hours not used during a monthly membership cycle are forfeited, and will not be exercisable in the next subscription cycle, except in the case of Rollover Hours (see “Rollover Hours” above).
5.5 Payment Methods. When you subscribe to a Membership, you must provide us with a current, valid, accepted method of payment to use Hīven. Hīven may also (i) obtain a pre-authorization via your Payment Method for the Total Fees,(ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.You may edit your Payment Method information in your account settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
5.6 Recurring Billing. By starting your Hīven membership, you authorize us to charge you a monthly membership fee, and potential Additional Hours, at the then current rate, until your Hīven Account is cancelled or terminated. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Hīven membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership, such as Pausing.
5.7 Pausing. Membership can be paused a number of times and for a total duration that depend on the Membership plan. A Royal Bee plan can be paused up to twice a year for a maximum of 3 months total, after which the membership will automatically be un-frozen and will revert back to the monthly rate. A Worker Bee plan can be paused once a year for a maximum of 1 month total, after which the membership will automatically be un-frozen and will revert back to the monthly rate.
5.8 Cancellation. You may terminate your monthly subscription at any time from your Account settings. However, your first month cannot be cancelled and is non-refundable. For example, if your next billing date is September 25th, you need to cancel by September 24th in order to avoid being charged for the next month.
5.9 Trials. We may offer a trial membership that includes standard access to the Hīven platform during the trial period. Unless otherwise communicated, a trial begins at the moment of sign up and ends at 11:00pm ET on the last day of the trial (for a one-week trial, this would be the same weekday of following week). Each trial membership automatically will convert to a regular monthly membership and price unless canceled by 11:00pm ET on the last day of trial. Customers that cancel and do not convert to a regular membership may not book Hives after the end of the trial membership period (even if the booking was made before the end of the applicable trial period). Unless we expressly communicate otherwise, trial memberships are only available to new customers that have never had a Hīven account before, are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited.
5.10 Additional Fees. A Booking provides a limited use of a Hive as described in the Listing and Booking Agreement, if applicable. If you use a Hive or Host Service beyond the Booking you will be responsible for payment of additional fees (“Additional Fees”), as described on the web page. Hosts may have additional fees for use of additional or specific amenities or spaces (“Host Service”), such as printers. We may calculate Additional Fees based on your exceeding the time (for example, a calculated hourly rate billed in 30-minute increments) or other costs associated with your exceeding the permitted usage of the Booking (for example, coming with non-registered guest). You are solely responsible for any damage you do to the Hives during your Booking. Hosts must notify us within 3 days of a Guest exceeding the permitted use of the Hive and specifically request payment of Additional Fees. Any dispute regarding Additional Fees will be resolved as described in Sections 11 and 13. While we may facilitate the collection of Additional Fees for Hosts, once remitted to Hosts, we are not responsible for the return of Fees to Guests, where applicable.
5.11 Prices. Hīven reserves the right to change the price of memberships at any time, and will provide Members with adequate notice of any price changes before they become effective.
6. Fees and Payments
6.1 Host Fees. Hīven may charge fees to Hosts (“Host Fees”) in consideration for the use of the Hīven Platform. We charge Hosts a 15% service fee to help Hīven provide a high-quality service to Hosts, including managing the platform, bookings, payments, verifying Members, and additional services. This is automatically deducted from the host’s payout. Except as otherwise provided on the Hīven Platform, Service Fees are non-refundable.
6.2 Taxes and Fines. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Hives or Vendor Services including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, Hīven will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for Booking or Listing a Hives, or providing or using Vendor Services including, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay Hīven for such Taxes upon demand. You are also responsible for any penalties arising from your failing to comply with this Agreement including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failing to comply with this Agreement or misuse of the Platform, Services, Hives, or Host Services (collectively, “Fines”). You understand and agree that Hīven does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advised to consult with your tax advisor for any required advice or guidance regarding Taxes.
6.3 Payment of Fees, Taxes and Fines. You will timely and fully pay any Fees, Taxes, Fines, or other amounts you owe under this Agreement. If you owe amounts and we are unable to receive payment through the Hīven Platform for any reason, then we may require that you pay through other means (such as direct debit, wire transfer, or cashiers’ check). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Platform. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses.
6.4 Receiving Payment. Acceptance and payment of funds between Members or Hīven on the Platform (“Payment Processing”) is provided by Stripe. Your use of Payment Processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). As a condition using Payment Processing, you must provide accurate and complete information about you and/or your business and you authorize us to share this information to Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. Hīven does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Platform, or have your Account suspended or terminated.
We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
6.5 Payout. In order to receive a Payout you must have a valid Payout Method linked to your Hīven Account. If you need to change your Payment Information, please notify us. The Host Payout is calculated as follow: the hourly base rate of the Hive, as defined by its category (Standard, Pro, Premium) and geography, times the number of hours booked at the Hive over the past month, less applicable Host Fees. Hīven reserves the right to change the hourly base rate at any time, and will provide Members with adequate notice of any price changes before they become effective. Hīven will generally initiate Payouts to the Host’s selected Payout Method on the same day each month. Hīven may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
6.6 Cancellation and Refund. You are responsible for all Fees and Taxes associated with the Booking. All Bookings are subject to our Cancellation and Refund Policy.
7. Platform and Service
7.2 Notification. You agree to receive any communications from us and transact with us electronically. We may communicate with you and provide you information or notices regarding your Account or bookings through email, telephone, text message or SMS, or through messaging on the Platform. You will promptly respond to any communications you receive and understand that failure to do so may impact your ability to Book or List Hives, or use the Platform or Services. We may send you notices to the email address or physical address included in your Account, through messaging on the Platform, or (for businesses) to the address of your headquarters or registered business, or (for individuals) to your residence.
You may send any legal notices to us at email@example.com. You agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal effect as if it were physically delivered to you.This acceptance of emails or other electronic messages constitutes your consent and your electronic signature has the same legal effect as physically signing a document. You may withdraw this consent to transact electronically at any point by providing notice to us. However, given that electronic communication is integral to the Platform and the Services, following any such notice we may elect to close your Account.
7.3 Communication with Other Users.
The Platform allows you to communicate with other users without disclosing sensitive personal contact information. It is your responsibility to use good judgment in the information you provide to other users. You may use the Platform only to List or Book Hives or Vendor Services, communicate with us or other users, resolve disputes, or use other functionality we provide to you through the Platform. You may not use the Platform to send messages that are unwanted or unrelated to a Listing or Booking through the Platform, use the Platform to harass or attempt to market other services to users, or send spam.
We strongly recommend that you should use the Platform to communicate with other users. If you use other means of communication you understand that you may be putting your personal contact information at risk of misuse. You also understand that any communications made outside of the Platform may impair your ability to recover all or some amounts owed to you in the event of a dispute between you and another user. This is explained further in Section 13.
We are not responsible for, and disclaim all liability resulting from, any losses or harm to you resulting from sharing personal or sensitive information with other users, or communicating or engaging with users outside of the Platform.
Hīven, at its sole option and without notice or any obligation to do so, may from time to time (i) remove communications among users which contain or share personal contact information, or (ii) suspend or terminate the accounts of users that share personal contact information.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Hīven Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact Us” section of the Hīven Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
8. Terms specific for Hosts
8.1. When creating a Listing through the Hīven Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as non-pet allergies)and (iii) provide any other pertinent information requested by Hīven. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
8.2. You are responsible for maintaining the Hives and Amenities so that Guests may reasonably use them as provided in the Description and Booking. Hives and Amenities must be in good working order and provided to Guests in a safe, clean and usable condition. Any plumbing, electrical, structural or other physical deficiencies or defects must be corrected before you List a Hives. Except as specified in a Booking Agreement, all water, electricity, HVAC and other utility services (exclusive of telephone and data services) are provided with the Hives at no additional cost.
8.3 When you have set up your calendar availabilities and have a booking by a Guest on those available time slots, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
8.4 We may elect to require a Booking Agreement with your Listing that includes all or part of the Description including a listing of any Amenities and any additional terms and conditions. Where required, the Booking Agreement will incorporate this Agreement and supplement and be a part of the binding agreement between you and a Guest. Except where approved by Hīven, Booking Agreements may not impose rules or limitations on use that are materially different than those listed in the Description, include any additional contractual obligations, or alter Guests’ or Hosts’ liabilities.
8.5 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
8.6 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. Hīven reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
8.7 The placement and ranking of Listings in search results on the Hīven Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, category of Hive and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
8.8 Hīven may change the category of your Hive and its associated hourly rate at its sole discretion. You may not require Guests to pay you outside of the Platform, except for Additional Fees.
8.9 Hīven recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while working at your Hive.
8.10 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, a Hive will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Hive at your request or invitation, excluding the Guest.
9. Terms specific for Guests
9.1 Subject to meeting any requirements (such as completing any verification processes) set by Hīven and/or the Host, you can book a Listing available on the Hīven Platform by following the respective booking process. The number of hours you are allowed to book with no additional charges is indicated in your membership plan, and depends on your current usage and type of Hive booked, see further details in Section 5. Membership and Billing.
9.2 Upon receipt of a booking confirmation from Hīven, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. A Booking does not provide you a lease or access or use of the Hives beyond the specified time and Description.
9.3 You may not bring any additional individuals to a Hive, except in the case of a Meeting (if add-on available at the Hive). In such a case, Guests are subject to extra fees according to the price of the add-on, and additional rules defined by the Host in the “Host Policy” (such as the capacity of the private meeting room). Visitors must register through this online form before accessing the Hive and be accompanied by a Member throughout their time at the Hive. Visitors must provide valid identification and must comply with all the Hīven policies, conditions, and provisions.
You have to get explicit approval by the Host to bring a pet with you at a Hive and are solely responsible for its conduct and risks involved.
9.4 During your Booking, you are responsible for (i) ensuring that your use does not exceed any limitations identified in the Booking, (ii) coordinating your estimated arrival time or breakdown of your Coworking Day, (iii) respecting parking rules, or limiting noise. You are responsible for and accept all liability for any damage you do to the Hives or Amenities during your Booking whether intentional or not, for your failure to comply with applicable Laws, and for any Fines you incur. You agree to share the Hive with the Host and other Members and to leave the Hive in substantially the condition as provided to you. You agree to promptly notify Hosts of any damage done to the Hives or Amenities. All cancellations and any refunds that may be available to you are subject to our Fees Overview and Cancellation and Refund Policy.
9.5 Third-Party Services. You may have the ability to Buy some Third-Party Services as part of your Membership benefits or Coworking Day. They are independent third-party contractors and are not affiliated with or under the control of Hīven. Hosts may also provide Host Services that can be Booked in addition to their Hives. You understand that Third-Party Services are provided by Third-Parties and not Hīven. We are not responsible for and disclaim all responsibility for and liability resulting from Third-Parties’ actions or failure to act, for the nature or quality of any Third-Party Services, and for any loss or injury you or others sustain arising out of or related to Third-Party Services. You acknowledge that Hīven may be paid compensation by one or more Third-Party in connection with a sale of Third-Party Services.
10. Ratings and Reviews
10.1 Guests can leave a public review (“Review”) and submit a star rating (“Rating”). Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Hīven. Ratings and Reviews are not verified by Hīven for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Hīven reserves the right to remove Ratings and Reviews to its sole discretion, provided that it considers its content to be inaccurate or offensive.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member. Ratings and Reviews will be removed if the Guest never stayed at the Host’s Hive.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Hīven Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Hives, Disputes between Members
11.1 Required Insurance. Every user will acquire and maintain all insurance as required by Law and suitable for you, your home or your business. You are solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to you, your business, third parties, the Hive or Amenities, and deciding what coverage, limits and providers are appropriate for you.
11.2 Supplemental Insurance. Hīven may, in its sole discretion, obtain and maintain supplemental insurance policies providing limited supplemental protection of Hosts against liability to Guests, or third parties for personal injury or property damage sustained by Guests (a “Host Policy”). Where we elect to provide a Host Policy, this does not eliminate or reduce your obligation to maintain insurance as provided in Section 11.1. Further, where provided, recovery under a Host Policy will be (i) available only where a Host fully complies with this Agreement, (ii) supplemental to any insurance maintained by Hosts, (iii) limited to the terms, conditions, and exclusions of the Host Policy, (iv) subject to the then applicable claims procedure established by Hīven and the issuer of the Host Policy, and (v) subject to a Host promptly notifying the Hīven support team at firstname.lastname@example.org of any potential claims. Further, Hīven or its insurers may amend, modify, or terminate any Host Policy at any time, with or without notice to you.
11.3 As a Guest, you are responsible for leaving the Hive (including any personal or other property located at the Hive) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any pet you come with, excluding the Host (and the individuals the Host invites to the Hive, if applicable).
11.4 If a Host claims and provides evidence that you as a Guest have damaged a Hive or any personal or other property at a Hive (“Damage Claim“), the Host can seek payment from you by notifying the Hīven support team. If a Host escalates a Damage Claim to Hīven, you will be given an opportunity to respond. If you agree to pay the Host, or Hīven determines in its sole discretion that you are responsible for the Damage Claim, Hīven will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim. Hīven also reserves the right to otherwise collect payment from you and pursue any remedies available to Hīven in this regard in situations in which you are responsible for a Damage Claim.
11.5 Members agree to cooperate with and assist Hīven in good faith, and to provide Hīven with such information and take such actions as may be reasonably requested by Hīven, in connection with any Damage Claims or other complaints or claims made by Members relating to Hives or any personal or other property located at a Hive. A Member shall, upon Hīven’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Hīven or a third party selected by Hīven or its insurer, with respect to losses for which a Member is requesting payment from Hīven.
11.6 If you are a Guest, you understand and agree that Hīven may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to a Hive or any personal or other property located at a Hive. You agree to cooperate with and assist Hīven in good faith, and to provide Hīven with such information as may be reasonably requested by Hīven, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Hīven may reasonably request to assist Hīven in accomplishing the foregoing.
12. Prohibited Activities
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Hīven Platform. In connection with your use of the Hīven Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Policies;
- use the Hīven Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Hīven endorsement, partnership or otherwise misleads others as to your affiliation with Hīven;
- use the Hīven Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- list, as a Host, any Hive that you do not yourself own or have permission to make available through the Hīven Platform;
unless Hīven explicitly permits otherwise, book any Listing if you will not actually be using the Hive yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the Hīven Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Hīven Platform to request, make or accept a booking independent of the Hīven Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Hīven Platform, except for Host Services (Additional Fees). If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Hīven harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the Hīven Platform or Collective Content, or any individual element within the Hīven Platform, Hīven’s name, any Hīven trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Hīven Platform, without Hīven’s express written consent;
- dilute, tarnish or otherwise harm the Hīven brand in any way, including through unauthorized use of Collective Content, registering and/or using Hīven or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Hīven domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Hīven Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Hīven or any of Hīven’s providers or any other third party to protect the Hīven Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Hīven Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Hīven Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
12.2 You acknowledge that Hīven has no obligation to monitor the access to or use of the Hīven Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Hīven Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Hīven in good faith, and to provide Hīven with such information and take such actions as may be reasonably requested by Hīven with respect to any investigation undertaken by Hīven or a representative of Hīven regarding the use or abuse of the Hīven Platform.
12.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Hīven by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
13. Termination, Disputes, and other Binding Arbitration
13.1 Term and Termination by Member. You consent to this Agreement when you first access or use the Platform or Services, and your continued use of the Platform and Services constitutes your ongoing consent to this Agreement as amended from time to time. You may terminate this Agreement by closing your Account with us, however this will not immediately terminate any ongoing rights or obligations you or we may have. This includes any obligations to pay for your Membership, Additional Fees, to honor any Bookings made before termination, or to pay Fees or Taxes or Fines due; or any liabilities that you incurred prior to termination.
13.2 Suspension or Termination by Hīven. We may suspend your Account–including your ability to communicate with other users or receive payments, or complete a Booking–or terminate this Agreement and your Account at any time including, without limitation, (i) if we believe that use of your Account poses a risk to Hīven, you, other users, or third parties, (ii) actual or potential fraud by you or on your behalf, (iii) your failure to respond to communications from us or other users, or (iv) your failure to comply with this Agreement or applicable Law.
13.3 When this Agreement has been terminated, you are not entitled to a restoration of your Hīven Account or any of your Member Content. If your access to or use of the Hīven Platform has been limited or your Hīven Account has been suspended or this Agreement has been terminated by us, you may not register a new Hīven Account or access and use the Hīven Platform through an Hīven Account of another Member.
13.4 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
13.5 Binding Arbitration. This section describes how disputes or claims arising under this Agreement between you and Hīven or between you and another user will be resolved. It includes waivers to both a jury trial and your ability to join other plaintiffs as part of a class action. Please read this section carefully before accepting this Agreement—you may not use the Platform or Services if you do not agree to this section.
13.5.1 Overview of Dispute Resolution Process. Hīven is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals: (1) an informal negotiation directly with Hīven’s customer service team, and (2) a binding arbitration as follows:
(i) Where the relief sought is $25,000 or less, the arbitration will be conducted by FairClaims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. You consent to receive electronic service of process at the email associated with your Account. Where you are delinquent in responding to such process, you will be responsible for any attorney, court, or other fees associated with the delinquency. The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Hīven. As a part of the User Dispute, you may also seek to recover these costs if you prevail.
(ii) Where the relief sought is $25,001 or more, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
Once arbitration is initiated as provided in Subsections (i) or (ii) above, the parties will share the costs of the arbitration, facilities, and arbitration reporters (as necessary) equally except as otherwise determined by the arbitrator. Each party will be responsible for its own attorneys’ fees and legal costs. The arbitrator may award the prevailing party recovery of any of the costs of arbitration or legal fees as they see appropriate.
Any FairClaims arbitration hearing shall be held via videoconference. Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. You or Hīven may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Hīven subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Hīven may attend by telephone.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Hīven member to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities.
13.5.2 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Hīven each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Hīven’s customer service team by emailing us. Please briefly describe the nature of your dispute and the relief you would like from Hīven in your email. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration proceedings, a form is available on the FairClaims website or the AAA’s site. (The AAA provides a Demand for Arbitration formand a separate form for California residents.) Any settlement offer made by you or Hīven shall not be disclosed to the arbitrator.
13.5.3 Agreement to Arbitrate. You and Hīven mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Hīven Platform, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Hīven agree that the arbitrator will decide that issue.
13.5.4 Exceptions to Arbitration Agreement. You and Hīven each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
13.5.5 Jury Trial Waiver. You and Hīven acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
13.5.6 No Class Actions or Representative Proceedings. You and Hīven acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Hīven both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
13.5.7 Severability. With the exception of any of the provisions in Section 13.3.6 if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 13.3.6 is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and its Section 13 will continue to apply.
13.5.8 Changes. Notwithstanding the provisions of Section 14.1 (“Right to amend”), if Hīven changes this Section 13 (“Termination, Disputes, and other Binding Arbitration”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Hīven’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Hīven in accordance with the provisions of the “Termination, Disputes, and other Binding Arbitration” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
13.5.9 Survival. Except as provided in Section 13.5.7 and subject to Section 13.4, this Section 13 will survive any termination of these Terms and will continue to apply even if you stop using the Hīven Platform or terminate your Hīven Account.
13.3.10 Confidentiality of Proceedings. Any proceedings pursuant to this Section 13 and their results will be maintained as confidential by all parties. Except as may be required by Law, the parties and those persons participating in the proceedings on their behalf will not disclose and will maintain the confidentiality of all materials, testimony, and evidence provided during the proceeding as well as the results of such proceeding. The parties agree to enter into a separate confidentiality agreement or order, as appropriate, to maintain the confidentiality of the proceedings.
14. Additional Legal Terms
14.1 Right to Amend. We may amend or modify this Agreement at any time by posting the modified Agreement on our website, sending you a copy via email, or otherwise communicating the amendment to you through the Platform. Your continued use of the Platform or Services after we amend or modify this Agreement constitutes your consent to the revised Agreement. If you do not agree to the revised Agreement, you must close your Account by contacting us.
14.2 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Hīven and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Hīven and you in relation to the access to and use of the Hīven Platform.
14.3 No Assignment. You may not assign this Agreement or any rights granted to you, including operation or management of your Account, without our prior written consent. Any attempt to do so without our prior consent will be void. We may assign this Agreement upon notice to you as part of a sale or transfer of part or all of our business. Any permitted transfer will inure to the benefit of and bind any successors in interest.
14.4 Force Majeure; Cancellations
Hīven is not responsible or liable for nonperformance caused by telecommunications failures, nonperformance of vendors, fires or other acts of nature, strife or acts of political discord, or other events outside its reasonable control (each a “Force Majeure”).
Cancellations of Bookings, whether with or without cause, or caused by events outside of your reasonable control, are subject to our Cancellation and Refund Policy. Please review it carefully before Booking a Hive.
If you choose to use the Hīven Platform or Collective Content, you do so voluntarily and at your sole risk. The Hīven Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Hīven Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Hīven relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
14.6 Applicable Law. If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 13 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
14.7 Representations and Warranties
By opening your Account, you represent and warrant that (a) you are authorized to use the Platform and Services and have authority to execute this Agreement; (b) that you have only one Account with us and have not had an Account terminated by us previously; (c) all information provided to us is accurate and complete; (d) you will not use the Platform or Services in violation of Law or the Community Guidelines, to commit fraud, to deceive other users, or for any other improper purpose; and (e) you are authorized to provide any Content to us.
When using the Platform or Services as a Host, you further represent and warrant that (f) you are permitted under applicable Laws to List any Hives provided; (g) your Listing of a Hives and the Hives itself comply with applicable Laws; and (h) you will reasonably facilitate the use of, and not obstruct the use of, the Hives as Booked by Guests.
When using the Platform or Services as a Guest, you further represent and warrant that (i) you will comply with any Booking Agreements; (j) you will not use Hives or Third-Party Services in a manner that violates Laws or Community Guidelines, or that facilitates the violation of either by third parties; and (k) that any payment Credentials provided to us may be used as described in this Agreement.
You will indemnify, defend and hold Hīven and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, distributors, vendors, attorneys, or affiliates (collectively, “Hīven Affiliates”) harmless against all third-party claims, liabilities, losses, damages, and related expenses (including reasonable legal expenses) (collectively, “Claims”) arising from or related to (a) provision of your Hives (for Hosts) or Third-Party Service (for Third-Parties), or use of Hives or Third-Party Services (for Guests); (b) Content you provide through the Platform; (c) your failure to comply with Laws; (d) your providing of information to us that is inaccurate or incomplete, (e) your breach of any of your obligations under this Agreement, and (f) any contract or other agreement between you and any other user other than through the Platform. This indemnification will survive termination of this Agreement.
Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Hīven Platform and Collective Content, your publishing or booking of any Listing via the Hīven Platform, your stay at any Hive, participation in any coworking session or use of any other Host Service or any other interaction you have with other Members whether in person or online remains with you. Neither Hīven nor any other party involved in creating, producing, or delivering the Hīven Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Hīven Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Hīven Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Hīven has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will Hīven’s aggregate liability arising out of or in connection with these Terms and your use of the Hīven Platform including, but not limited to, from your publishing or booking of any Listings via the Hīven Platform, or from the use of or inability to use the Hīven Platform or Collective Content and in connection with any Hive or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Hīven Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Hīven to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Hīven and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Hīven’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
14.10 Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
14.11 If you have any questions about these Terms please email us.