Terms Of Service
Welcome to Hive Finance, a fintech company that will be launching its payment service and mobile application next year. We're excited to have you as a potential user of our platform and related services, which we will refer to as the "Services."
These Terms of Service (which we'll call "Terms") are intended to provide you with all the information you need to know, and everything we are required to tell you by law, regarding your initial use of our Services. These Terms are effective beginning when you sign up for our Service and end when your Service is terminated.
We use the following definitions:
"Account" means an account serviced by Hive Finance.
"Hive Finance," "we," "us," "Hive," or "our" means Hive Finance, Inc. doing business under the name Hive Finance.
"You," or "your" means the person opening an Account and using our Services or someone acting on that person's behalf.
1. Acceptance of Terms of ServiceBy accessing or using our Service, you agree to be bound by these Terms, and:
Acknowledge you have read these Terms.
Acknowledge you have read the Privacy Policy and agree to be bound by it.
2. Who Can Use the ServicesOnly individuals 18 years or older who can form a legally binding contract can use our Services. We may impose other restrictions as well. By signing up for our Service, you are affirming to us that you are at least 18 years old and have not been previously suspended or deactivated by us (unless we provide you written permission to do so). By enrolling in the Services on behalf of someone else, you affirm you have the authority to bind that person to the Terms, and that you will be bound to the Terms on behalf of that person.
3. Overview of the ServicesHive Finance will offer a payment service and mobile application that lets you easily send funds to, or receive funds from, other Accounts. In addition, you can pay for goods or services at certain merchants. Please note that the Services will not be available until the launch of the mobile application next year.
4. Updates to the Mobile ApplicationHive Finance may provide periodic updates for the mobile application including updates like patches or bug fixes, enhanced functionality and offerings, and new versions of the mobile app. You agree and authorize Hive Finance to make automatic updates to the app and agree to make any manual updates or downloads ordered by Hive Finance where necessary.
5. Account OpeningIn order to use our Service, you will need to open an Account with us, a process which begins with you providing information about yourself to us. You agree that the information you provide to us is accurate and up to date, and you agree to provide us with updated information during your relationship with us.
As part of Account opening, you may be prompted to provide your name, date of birth, address, phone number, Social Security number, and your government-issued identification. By agreeing to use our Services, you are authorizing Hive Finance and any third parties to use the information you provide us in order for us to verify your identity as part of account opening.
As part of these Terms, you agree that we can authorize a third party to act as its agent to collect information from you. Additionally, as part of these Terms, you agree an authorize that a third party can act as your agent in supplying certain information about you to us.
As part of Account opening, you may be prompted to provide your name, date of birth, address, phone number, Social Security number, and your government-issued identification. By agreeing to use our Services, you are authorizing Hive Finance and any third parties to use the information you provide us in order for us to verify your identity as part of account opening.
As part of these Terms, you agree that we can authorize a third party to act as its agent to collect information from you. Additionally, as part of these Terms, you agree an authorize that a third party can act as your agent in supplying certain information about you to us.
6. Account SecurityYou agree to not disclose any login credential such as passwords or multi-factor authentication codes to anyone else. You agree that you are solely responsible for the activity that takes place on your Account, and you also agree credentials are no longer secure or there is any unauthorized activity on your account, you will notify us immediately.
7. Account Activity and UsageAccount Activity and UsageBy using our service, you agree to the following:You agree to not use our Service in violation of any federal or state law or regulation.You agree to not attempt to gain unauthorized access to any other user’s Account on our Service.You agree to not attempt to bypass or damage any security measures we have implemented as part of our Service.You agree to not attempt to remove, obscure, or alter our copyright notices, trademarks, or other proprietary notices that are contained within our service.You agree to not infringe on Hive Finance’s rights of publicity or privacy.You agree to not act in any way that is defamatory, trade libelous, unlawfully threatening or harassing.You agree to not use an anonymizing proxy.You agree to not use the Services to enter the waitlist for the upcoming fintech company in a fraudulent, unlawful or inappropriate manner.You agree to not use any automatic device or manual process to monitor or copy our website.You agree to not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or customer support network.You agree to not facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.You agree to not use any device, software or routine to interfere or attempt to interfere with our website or the Services.You agree to not take any action that may cause us to lose any services from our internet service providers, payment processors, or other suppliers.We also urge you to think carefully before signing up for the waitlist. Be particularly cautious of deals or offers that seem too good to be true. If you see any person or business using our Services in a way that appears suspicious or fraudulent, please let us know immediately.
8. CommunicationsBy providing us with your email address, you agree to receive email notifications from us. Please note that opting out of receiving email notifications may impact your use of the Services. You also agree to receive non-marketing, service-related emails from or on behalf of Hive Finance. You further consent to receiving email messages from or on behalf of Hive Finance for marketing or promotional purposes. You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related emails, you may click the unsubscribe link in any marketing-related email you receive from Hive Finance. After you unsubscribe, you will no longer receive email messages from us.
6. Account SecurityYou agree to not disclose any login credential such as passwords or multi-factor authentication codes to anyone else. You agree that you are solely responsible for the activity that takes place on your Account, and you also agree credentials are no longer secure or there is any unauthorized activity on your account, you will notify us immediately.
10. WaitlistBy signing up for the waitlist, you agree to the following:
You understand that the fintech company for which you are signing up is not yet operational and that there is no guarantee of being able to use the services of the company once it launches.
You understand that you will be notified by email when the company launches and that it is your responsibility to take action to become a customer if you wish to use the company's services.
You understand that Hive Finance is not responsible for any delays or technical issues that may occur during the waitlist process, and that Hive Finance makes no representations or warranties about the timing or availability of the fintech company's services.
You understand that the fintech company for which you are signing up is not yet operational and that there is no guarantee of being able to use the services of the company once it launches.
You understand that you will be notified by email when the company launches and that it is your responsibility to take action to become a customer if you wish to use the company's services.
You understand that Hive Finance is not responsible for any delays or technical issues that may occur during the waitlist process, and that Hive Finance makes no representations or warranties about the timing or availability of the fintech company's services.
11. Right to Stop Waitlist RegistrationWe may stop your waitlist registration or remove you from the waitlist if we have reason to believe there may be suspicious activity involved or for any other reason so long as we are not prohibited by law.
12. TerminationWe may terminate these Terms with you at any time, for any reason, and without advance notice. This means we may elect to immediately terminate or suspend your waitlist registration or use of our Service if we believe you have violated these Terms.
Hive Finance reserves the right to terminate, limit or suspend your waitlist registration or access to the Service at any time and for any reason or no reason, including: (1) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect our rights or interests; or (2) in connection with any general discontinuation of your Service.
Hive Finance reserves the right to terminate, limit or suspend your waitlist registration or access to the Service at any time and for any reason or no reason, including: (1) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect our rights or interests; or (2) in connection with any general discontinuation of your Service.
13. Identity VerificationYou agree to not disclose any login credential such as passwords or multi-factor authentication codes to anyone else. You agree that you are solely responsible for the activity that takes place on your Account, and you also agree credentials are no longer secure or there is any unauthorized activity on your account, you will notify us immediately.
14. ArbitrationAny claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) these Terms; ii) your use of the waitlist Services; iii) advertisements, promotions or oral or written statements related to the waitlist Services, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.All determinations as to the scope, interpretation, enforceability, and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.This arbitration provision shall survive: i) the termination of these Terms; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity; or iv) closing of the Account or termination of the Services. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. If an arbitrator or court finds any provision to be invalid, you and we agree that the arbitrator or court should give valid effect to the intention of that provision, and that the remainder of the Terms remain in full force and effect.IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT SIGN UP FOR THE WAITLIST OR USE THE WAITLIST SERVICES. CALL 1-888-851-1172 TO CANCEL YOUR WAITLIST REGISTRATION AND REQUEST A REFUND, IF APPLICABLE.15.4 Forum for DisputesExcept as otherwise agreed by the parties or as described in these Terms, you agree that any claim that you have against Hive Finance must be resolved by a court located in New York County, New York. You agree to submit to the personal jurisdiction of the courts located in New York County, New York, for the purpose of litigating any claim.Overall, the suggested section emphasizes the waitlist services and specifies that the arbitration agreement and forum for disputes provisions are related to it. It also provides a clear option for users who do not agree to the terms of the arbitration agreement to cancel their registration and request a refund.
15. Disclaimer of WarrantiesThe Services and software related to the waitlist for Hive Finance's upcoming fintech company are provided on an "as is" basis without any warranty or condition, express, implied, or statutory. Hive Finance and its employees, suppliers, and vendors expressly disclaim all warranties of any kind as to the Services and all information included in or accessible from the Services, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, and non-infringement.We make reasonable efforts to make the Services available, but we make no representations or warranties regarding the Services, including the time needed to complete transaction processing because the Services are dependent on many factors outside our control. Hive Finance cannot guarantee the availability, accuracy, or completeness of the information provided on the waitlist or the future services of the fintech company.
16. IndemnityYou agree to indemnify and hold harmless Hive Finance and its affiliates and their respective directors, officers, employees, representatives, agents, and contractors, including suppliers, from any claims, actions, proceedings, liabilities, damages, settlements, penalties, fines, expenses, and costs (including but not limited to reasonable attorneys' fees) caused by, arising from, or relating to your use of the waitlist services.
17. Limitation of LiabilityYou agree that access and use of the waitlist Services are at your own risk. Except as required by law, you agree that we will not be liable for any harms related to the waitlist Services, which lawyers and courts often call direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses, even if Hive Finance has been advised of the possibility of such harms. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, this limitation may not apply to you.
18. Hive Finance's Intellectual PropertyWe own all right, title, and interest in the Services and associated software and technology related to the waitlist for Hive Finance's upcoming fintech company. This means that everything on our website related to the waitlist (for example, text, graphics, links, logos, images) is our intellectual property. You agree not to use our intellectual property for any purpose without our prior written consent. The technology and software underlying the waitlist Services or distributed in connection with the waitlist Services are the property of Hive Finance and its affiliates (the "Software").
19. No WaiverIf we do not enforce any provision in these Terms, it will not be considered a waiver.
20. SeverabilityIf any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
21. Entire AgreementThese Terms and the Privacy Policy make up the entire agreement between you and us regarding the waitlist Services and supersede any prior agreements.
21. Entire AgreementHive Finance is excited to hear your comments, concerns, suggestions, or questions about our upcoming fintech product. We encourage you to send us a message at support@hive-finance.com with any feedback you may have.
From time to time, certain portions of the Hive Finance Site and mobile app may allow you to submit, post, transmit or upload content created by you, such as comments, suggestions, or ideas related to our upcoming product ("User Submissions"). You agree to only submit User Submissions that pertain to our upcoming fintech product, and not to any other products or services.
Sure, here's a revised example of the User Comments, Feedback, and Other Submissions section for your terms of service:User Comments, Feedback, and Other SubmissionsHive Finance is excited to hear your comments, concerns, suggestions, or questions about our upcoming fintech product. We encourage you to send us a message at support@hive-finance.com with any feedback you may have.From time to time, certain portions of the Hive Finance Site and mobile app may allow you to submit, post, transmit or upload content created by you, such as comments, suggestions, or ideas related to our upcoming product ("User Submissions"). You agree to only submit User Submissions that pertain to our upcoming fintech product, and not to any other products or services.You agree that you will not submit any User Submission that: (a) includes material that is copyrighted, protected by trade secret, or otherwise subject to any other proprietary rights (including, without limitation, trademark rights or privacy and publicity rights) unless you are the owner of such rights or have express permission from the owner to post such material; (b) includes any material that infringes upon, misappropriates, or violates the rights of any person or entity, or violates any applicable laws; (c) is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, indecent, violent, abusive, profane, false, hateful, racially or ethnically offensive, encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (d) contains advertisements or solicitations of any funds, goods, or services; (e) is a communication by a user impersonating another user; (f) contains personal information, such as messages which identify an individual’s names, telephone numbers, social security numbers, account numbers, and/or addresses; or (g) could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying, or otherwise providing any User Submission related to our upcoming fintech product to Hive Finance via the Site, mobile app, or otherwise, whether solicited or unsolicited, you agree that you are granting Hive Finance a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, copy, reproduce, broadcast, publish, print, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submission for any purpose related to our upcoming fintech product, including, without limitation, for advertising, marketing and promotional purposes, in any media, now or hereafter known, even if this Agreement is later modified or terminated.
No credit, approval or compensation is due to you for any such Use of any User Submission you may submit. Hive Finance shall have the right, but not the obligation, to Use your username, real name, image, likeness, caption, location information, and/or other identifying information in connection with the Use of User Submissions related to our upcoming fintech product.
You represent and warrant that the Use of the User Submission by Hive Finance will not infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or violate any applicable law. You agree to obtain all necessary rights for the Use by Hive Finance of User Submissions related to our upcoming fintech product, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in a User Submission.
From time to time, certain portions of the Hive Finance Site and mobile app may allow you to submit, post, transmit or upload content created by you, such as comments, suggestions, or ideas related to our upcoming product ("User Submissions"). You agree to only submit User Submissions that pertain to our upcoming fintech product, and not to any other products or services.
Sure, here's a revised example of the User Comments, Feedback, and Other Submissions section for your terms of service:User Comments, Feedback, and Other SubmissionsHive Finance is excited to hear your comments, concerns, suggestions, or questions about our upcoming fintech product. We encourage you to send us a message at support@hive-finance.com with any feedback you may have.From time to time, certain portions of the Hive Finance Site and mobile app may allow you to submit, post, transmit or upload content created by you, such as comments, suggestions, or ideas related to our upcoming product ("User Submissions"). You agree to only submit User Submissions that pertain to our upcoming fintech product, and not to any other products or services.You agree that you will not submit any User Submission that: (a) includes material that is copyrighted, protected by trade secret, or otherwise subject to any other proprietary rights (including, without limitation, trademark rights or privacy and publicity rights) unless you are the owner of such rights or have express permission from the owner to post such material; (b) includes any material that infringes upon, misappropriates, or violates the rights of any person or entity, or violates any applicable laws; (c) is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, indecent, violent, abusive, profane, false, hateful, racially or ethnically offensive, encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (d) contains advertisements or solicitations of any funds, goods, or services; (e) is a communication by a user impersonating another user; (f) contains personal information, such as messages which identify an individual’s names, telephone numbers, social security numbers, account numbers, and/or addresses; or (g) could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying, or otherwise providing any User Submission related to our upcoming fintech product to Hive Finance via the Site, mobile app, or otherwise, whether solicited or unsolicited, you agree that you are granting Hive Finance a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, copy, reproduce, broadcast, publish, print, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submission for any purpose related to our upcoming fintech product, including, without limitation, for advertising, marketing and promotional purposes, in any media, now or hereafter known, even if this Agreement is later modified or terminated.
No credit, approval or compensation is due to you for any such Use of any User Submission you may submit. Hive Finance shall have the right, but not the obligation, to Use your username, real name, image, likeness, caption, location information, and/or other identifying information in connection with the Use of User Submissions related to our upcoming fintech product.
You represent and warrant that the Use of the User Submission by Hive Finance will not infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or violate any applicable law. You agree to obtain all necessary rights for the Use by Hive Finance of User Submissions related to our upcoming fintech product, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in a User Submission.
23. Modification of ServicesAs we prepare for the launch of our fintech company next year, we may need to modify the Services we offer on our website. This includes updating these Terms of Service. We will make reasonable efforts to notify you of any changes, but we are not required to do so. By continuing to use our Services, you agree to the modified Terms of Service. If you do not agree with the modified Terms of Service, you may terminate your account by sending us a message at support@hive-finance.com. Please note that any fees or charges owed must be paid before your account can be closed.