Terms of Use

1. Definitions

For purposes of these Terms, the following definitions apply:

• OutHives: The legal entity providing the OutHives platform and services.
• Platform/APP: The mobile and web-based application provided by OutHives, available on iOS and Android.
• User: Any natural person or legal entity who accesses or uses the OutHives Platform. This includes:
  • Service Provider (Pro): A user who offers to perform services via the platform.
  • Customer: A user who seeks to obtain services or access marketplace features.
• Service Request: A request posted by a Customer to obtain services from Service Providers.
• Marketplace Listing: A posting by a Customer for items or goods available for sale.
• Community Feed ("Hive"): A social space within the platform for users to share updates, posts, and community news.
• Subscription: A recurring fee-based service that offers additional features through Apple's App Store or Google Play Store.

2. Acceptance of Terms

By accessing or using the OutHives Platform and associated services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately cease using the Platform.

3. Description of Services

OutHives provides a platform that facilitates connections between users and includes, but is not limited to:

• Service Connection: Facilitating connections between Customers and Service Providers.
• Marketplace: Enabling Customers to list items for sale and connect with potential buyers.
• Community Feed: Allowing users to post updates, news, and other community-related content.
• Chat Functionality: Permitting real-time communication between users regarding services, listings, or community interactions.
• Subscription Services: Offering premium features through in-app purchases via Apple's App Store or Google Play Store.
• Search Features: Assisting users in locating services, listings, and community content.
• Payment Processing: Providing optional payment processing services through Stripe to facilitate transactions between users.

4. User Eligibility and Account Registration

• Eligibility: You must be at least 16 years old and legally capable of entering into binding contracts. If you register on behalf of a business, you represent that you have the authority to bind that business.
• Registration: Creating an account is required to access certain features. You agree to provide accurate, complete, and current information and to update it promptly if it changes.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately of any unauthorized access.

5. User Obligations and Conduct

5.1 General Obligations

• Compliance: You must comply with all applicable laws, regulations, and these Terms.
• Accurate Information: You must provide truthful, accurate, and up-to-date information.
• No Fraud or Abuse: You agree not to engage in any fraudulent, abusive, or harmful activities.

5.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Technical Abuse:

• Attempting to probe, scan, or test the vulnerability of our systems
• Engaging in any denial-of-service attacks (DDoS) or activities meant to overload our servers
• Using any robots, spiders, crawlers, or other automated means to access our services
• Reverse engineering or attempting to extract the source code of our software
• Interfering with or disrupting the integrity of our servers or networks
**
• Modifying, copying, publishing, licensing, selling or otherwise commercializing this App or any information or software associated with this App
**

Platform Abuse:

• Creating multiple accounts for deceptive purposes
• Using the platform for spam or unsolicited commercial messages
• Attempting to manipulate our search or ranking algorithms
• Scraping, collecting, or harvesting any information from the platform
• Using our platform to promote competing services or platforms
• Creating listings or content designed to circumvent our terms or fees

Competitive Activities:

• Using our platform to collect competitive intelligence
• Accessing the platform on behalf of our direct competitors
• Using data from our platform to create competing services

Account and Content Abuse:

• Buying, selling, or transferring account access
• Impersonating other users or entities
• Creating fake reviews or feedback
• Using the platform for any illegal purposes
• Posting content that promotes hate speech or discrimination
• Attempting to circumvent any account suspensions or restrictions

Additional Prohibited Activities

• **Import or export any product listed on the Service to or from a location outside of the geographic area we permit**
• **Otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free;**
• **Copy the App, Documentation or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;**
• **Translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these Terms.**

**You must comply with any applicable third-party terms when using this App (for example your wireless data service agreement or Appstore agreement).**

5.3 Content and Interaction Standards

User-Generated Content:

You are solely responsible for any content you post (e.g., service requests, marketplace listings, posts in the Hive). By submitting content, you grant OutHives a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute your content solely for operating and promoting the Platform.

**This license allows us to show posts in search results of search engines, to use posts in any type of advertisement of the App and Service including on social media, and to use posts for service notices or operational content.**

Prohibited Content:

Do not post content that is defamatory, obscene, offensive, or infringes on the rights of others. We reserve the right to remove any content that violates these standards.

Communication:

All interactions must be respectful and lawful. Any form of harassment, hate speech, or malicious code is strictly prohibited.

6. Subscriptions

• Premium features are available through subscription services processed by Apple's App Store or Google Play Store
• All subscription billing and cancellation processes are handled through respective platforms
• **The ways in which you use the App and Documentation may also be controlled by the AppStore if using an Apple device or Googleplay if using an android and their rules and policies will apply instead of these Terms where there are differences between the two.**

6.5 Payment Processing

OutHives may offer payment processing services through Stripe ("Payment Processor") to facilitate transactions between users. The following terms apply to these payment services:

Optional Nature:

The use of our payment processing service is entirely optional. Service Providers may choose whether to accept payments through our platform, and Customers may choose whether to use this payment method.

Payment Processing Fee:

OutHives charges Service Providers a processing fee for transactions completed through our platform. The current fee structure is available in the App. OutHives reserves the right to change these fees at any time with appropriate notice.

Third-Party Terms:

By using our payment processing services, you agree to be bound by Stripe's terms of service and privacy policy, in addition to these Terms.

Payment Information:

When you provide payment information through our platform, you represent that you are authorized to use the payment method and that the information you provide is true and accurate.

Refunds and Disputes:

OutHives reserves the right, but is not obligated, to mediate disputes between users regarding payments processed through our platform. We may, at our sole discretion:

• Issue refunds to Customers
• Hold funds pending resolution of a dispute
• Release held funds to Service Providers
• Take other actions we deem appropriate

Authority to Act:

By using our payment processing services, you authorize OutHives to act as your limited payment agent for the purpose of receiving, holding, and disbursing funds in connection with your use of the Platform.

Transaction Records:

We will maintain records of transactions processed through our platform in accordance with applicable laws and regulations. However, you should maintain your own records of all transactions.

Taxes:

You are solely responsible for determining and paying any applicable taxes related to your transactions. OutHives is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, or remitting taxes arising from any transaction.

Chargebacks and Payment Reversals:

In the event of a chargeback or payment reversal initiated by a Customer or their payment method provider, OutHives reserves the right to:

• Deduct the disputed amount and any associated fees from the Service Provider's future payouts
• Require the Service Provider to reimburse OutHives for any losses incurred
• Suspend or terminate the Service Provider's access to payment processing services
• Share relevant transaction information with the Payment Processor and financial institutions

Service Provider Acknowledgment:

Service Providers acknowledge and agree that:

• They are solely responsible for fulfilling their obligations to Customers
• They will comply with all applicable laws and regulations related to their services
• They will maintain clear policies regarding refunds, cancellations, and quality guarantees
• They will promptly address and resolve any Customer complaints or disputes
• They will cooperate with OutHives in investigating and resolving any payment disputes

Customer Acknowledgment:

Customers acknowledge and agree that:

• They are responsible for reviewing Service Provider policies before making payments
• They will attempt to resolve disputes directly with Service Providers before initiating chargebacks or involving OutHives
• They will not make false or fraudulent claims regarding services received
• They may be required to provide documentation or evidence in payment disputes

Fraud Prevention and Security:

OutHives implements various fraud prevention and security measures to protect users. We reserve the right to:

• Verify user identities and payment information
• Hold suspicious transactions for review
• Reject transactions that appear fraudulent
• Share information with law enforcement agencies regarding potentially fraudulent activities
• Implement additional security measures as needed

**OutHives does not guarantee the performance of any user and is not responsible for any fraudulent transactions, unauthorized charges, or other payment disputes between users. We reserve the right to refuse payment processing services to any user at our sole discretion.**

7. Intellectual Property

7.1. Our Intellectual Property:

All content on the OutHives Platform, including text, graphics, logos, and software, is owned by OutHives or our licensors. You may not reproduce, modify, or distribute any content without our express written permission.

7.2. License from Users:

By submitting content, you grant OutHives an irrevocable, non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute such content in connection with the Platform.

**You warrant that, where necessary, you have obtained the requisite permissions and consents to:**

• **use the intellectual property of another Service user or third-party; or**
• **make reference to another Service user or third-party in any content posted by you or any person accessing the Service whilst logged into the App or Website.**

8. Disclaimers and No Warranty

8.1 "As Is" Service

THE OUTHIVES PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Platform Role

OutHives explicitly disclaims any responsibility for:

• The accuracy or reliability of any user-generated content
• The quality or performance of any services arranged through the Platform
• The legitimacy or condition of items listed in the marketplace
• Any transactions or agreements made between users
• Any disputes arising between users
• The conduct or safety of any user

**The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.**

**The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the Appstore or Googleplay) meet your requirements.**

**We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform and use your own virus protection software.**

**We do not guarantee that our site, or any content on it, will always be available or be interrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.**

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTHIVES, ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Payment Processing Liability:

**Without limiting the foregoing, OutHives assumes no liability or responsibility for: (i) errors, mistakes, or inaccuracies related to payment processing; (ii) personal injury or property damage resulting from your use of the payment processing service; (iii) unauthorized access to or use of the payment processing systems; (iv) interruption or cessation of the payment service; (v) any bugs, viruses, or harmful code transmitted through the payment service; or (vi) any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of the payment processing service. The limitations of liability shall apply whether the alleged liability is based on contract, tort, negligence, or any other basis, even if OutHives has been advised of the possibility of such damage.**

Disputes Between Users:

**OutHives shall not be liable for any disputes between users regarding payments, the quality of services provided, or any other matters related to transactions facilitated through our platform. You acknowledge and agree that OutHives is a neutral platform facilitating transactions between users and is not a party to any transaction or dispute.**

Liability Cap: In no event shall our total liability exceed the amount paid by you, if any, for accessing or using the Services during the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

**We are not liable for business losses. The App and Service is for domestic and private use. If you use the App or the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.**

10. Indemnification

You agree to indemnify, defend, and hold harmless OutHives, its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, violation of these Terms, or infringement of any rights of any third party.

10.5 Release

**If you have a dispute with one or more users of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.**

11. Dispute Resolution

11.1 Disputes Between Users

Users are solely responsible for resolving any disputes between themselves. OutHives does not mediate or resolve disputes between users and accepts no liability for any aspects of user interactions.

11.2 Payment Disputes

For payments processed through our platform via Stripe:

• OutHives may, but is not obligated to, assist users in resolving payment disputes on a case-by-case basis.
• OutHives reserves the right to make the final decision on any payment disputes, including whether to issue refunds, release held funds, or take other actions.
• By using our payment processing services, you agree to abide by OutHives' decisions regarding payment disputes.
• You agree to provide any information requested by OutHives to assist in resolving payment disputes.
• OutHives may share information with Stripe or relevant financial institutions to resolve payment disputes.
• You release OutHives from any liability related to its decisions regarding payment disputes.
• OutHives is not obligated to pursue collection efforts on behalf of any user.
• Any amounts that OutHives is unable to recover from a user shall remain the responsibility of the other user involved in the transaction.
• OutHives may implement automated systems to detect and prevent fraudulent transactions, but makes no guarantee regarding the effectiveness of such systems.
• Users agree to report suspected fraudulent activity promptly to OutHives and relevant law enforcement agencies.

11.3 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the state of Delaware, United States, without regard to its conflict of law principles.

11.4 Financial Liability Disclaimer

BY USING OUR PAYMENT PROCESSING SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:

• OutHives is not a bank, payment processor, money transmitter, or money services business, and we do not provide banking services or money transmission services.
• OutHives acts solely as a facilitator between users and Stripe, our third-party payment processor.
• OutHives makes no representations or warranties regarding the solvency or financial status of any user.
• You bear all financial risk associated with transactions conducted through our platform.
• OutHives is not liable for any financial losses resulting from:
  • Service Provider failure to perform services
  • Customer failure to pay for services
  • Chargebacks or payment disputes
  • Fraudulent transactions or identity theft
  • Errors or delays in payment processing
  • Currency conversion issues
  • Tax implications of transactions
  • Any other financial issues arising from user interactions
• Any payment dispute resolution provided by OutHives is offered as a courtesy service only and does not create any obligation or fiduciary relationship between OutHives and any user.
• In the event of payment processor failure, technical issues, or other circumstances beyond our control, OutHives bears no responsibility for incomplete transactions or funds that cannot be processed or disbursed.
• OutHives reserves the right to hold funds, delay disbursements, or refuse transactions if we suspect fraudulent activity or violations of these Terms.
• You agree to indemnify OutHives against any claims, damages, or losses arising from payment disputes with other users.

12. Termination and Enforcement

12.1 Termination by OutHives

We reserve the right to suspend or terminate your account, at our sole discretion and without notice, for:

• Any violation of these Terms
• Engaging in prohibited activities
• Creating multiple accounts
• Suspicious or fraudulent activity
• Any activity we deem harmful to the Platform or other users
• Any attempt to circumvent our security measures or terms

12.2 Additional Enforcement Measures

In addition to account termination, we may:

• Remove or modify any content you post
• Block your IP address or device
• Report violations to law enforcement
• Take legal action to prevent continued abuse
• Implement technical measures to prevent platform abuse
• Ban related accounts or devices
• Retain information for investigation purposes

12.3 Effect of Termination

Termination of your account:

• Will not relieve you of any outstanding obligations
• May result in the deletion of your content and data
• Prohibits you from creating new accounts
• May include permanent device or IP restrictions
• Does not limit our right to take legal action

Certain provisions of these Terms, including but not limited to Disclaimers, Limitation of Liability, Indemnification, and Governing Law, will remain in effect even after termination.

We reserve the right to terminate or suspend your access to the App and Service at any time if you seriously breach these Terms. Such actions may be taken in response to, but not limited to, the following:

• Deliberate or negligent interference with the management of the Service.
• Providing false or misleading information during registration or while using the App.
• Unavoidable circumstances such as maintenance, repair, or construction of Service equipment.
• Disruptions to the Service due to emergencies, equipment malfunctions, or overload.
• Any other serious grounds that, in our judgment, make continued provision of the Service inappropriate.
• Obstructing the provision of or access to the Service through unauthorized methods.
• Collecting, using, or disclosing other users' information without permission.
• Using the Service for commercial or promotional purposes.
• Posting or sending content that violates public order, morals, or any applicable laws, including obscene material or content that infringes on intellectual property rights.
• Copying, modifying, distributing, selling, assigning, lending, or providing as security the App or any associated service or part of the software without our consent, or allowing others to do so.
• Reproducing, disassembling, imitating, or otherwise modifying the App, including attempts to reverse-engineer the software or extract the source code.
• Failure to comply with any relevant laws, regulations, or these Terms. In cases where we restrict or suspend your access to the Service, we will make reasonable efforts to inform you of the reasons and the duration of the restriction or suspension, where possible.

13. Third-Party Services and Integrations

The OutHives Platform may include or integrate with third-party services. These third parties are not under our control, and we are not responsible for their actions or omissions. Use of any third-party service is subject to that party's terms and conditions.

14. Modifications to Terms

We reserve the right to modify or update these Terms at any time. We will notify you of material changes by posting the revised Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes will constitute your acceptance of the modified Terms.

14.5 Updates to the App

We may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. We may also ask you to update the App for these reasons.

If you choose not to install such updates, you may not be able to continue using the App and the Service.

14.6 Location Data

Our Service relies on location data from your device, which we obtain through a location information service provider. This data enables features such as connecting you with local communities based on your current location, allowing you to share posts with other users in that community, and providing location-based lifestyle content and advertising. When you use the App, you will be prompted to consent to our collection of location data. Please note that declining consent will limit the functionality of the App and the services we can offer. By consenting, you agree that we, our affiliates, and licensees may transmit, collect, retain, maintain, process, and use your location data and related queries to provide and enhance location-based and road traffic-related products and services. For detailed information on how we handle location data, please consult our Privacy Policy.

15. Miscellaneous

Severability:

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver:

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

Entire Agreement:

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and OutHives with respect to the Platform.

Assignment:

OutHives may assign or transfer these Terms or its rights and obligations without notice to you. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

Transfer of Agreement:

We may transfer our rights and obligations under these Terms to another organization. If we do, we will notify you in writing and ensure that your rights are not affected by the transfer.

Transfer of Rights:

You may only transfer your rights or obligations under these Terms to another person if we provide written consent.

Court Findings:

Each provision of these Terms operates independently. If a court or relevant authority finds any provision to be unlawful, the remaining provisions will remain valid and enforceable.

Enforcement Delay:

Even if we delay in enforcing these Terms, we can still enforce them later. If we do not immediately insist that you fulfill your obligations, or if we delay taking action against you for breaching these Terms, it does not mean that you are excused from those obligations, and it will not prevent us from taking action at a later time.

16. Contact Information

If you have any questions about these Terms of Use, please contact us at [email protected]