Via The Hive LLC — Customer Terms of Use (VH-CTU-2025-R12)

Effective Date: October 2025
Last Updated: November 2025
Next Review: October 2026
Version ID: VH-CTU-2025-R12

Recitals

WHEREAS Via The Hive LLC (“Via Hive”) operates a digital marketplace connecting clients (“Clients” or “you”) with independent service providers (“Pros”); and
WHEREAS Clients and Pros use the Via Hive platform to request, accept, perform, and complete lawful services under transparent terms; and
WHEREAS Via Hive is committed to safe, equitable, and compliant transactions;
NOW, THEREFORE, these Customer Terms of Use (“Terms”) form a binding agreement between you and Via Hive.

By accessing or using the Via Hive platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Key Definitions

“Job”: a service request booked through the platform.
“Pro”: an independent professional who accepts a Job.
“Job Rate”: the rate type shown pre-booking (hourly, per-unit, or flat), excluding taxes/fees.
“Job Total”: Job Rate × units plus applicable taxes/fees displayed at checkout.
“Platform Fee”: amount retained by Via Hive for Services.
“Service Fee”: amount payable to the Pro from the Job Total (less processor fees).
“Services”: Via Hive website, mobile apps, and related features/tools/support.
“Platform”: Via Hive’s interfaces (apps/website).
“Users”: any person or entity that creates an account or uses the Platform.

2. What Via Hive Is (and Is Not)

2.1 Marketplace Disclaimer. Via Hive is a technology marketplace—not an employer, contractor, joint venturer, or agent of any Pro. Pros operate independent businesses and are responsible for their work, tools, insurance, and legal compliance. Via Hive: (i) provides secure communication and booking; (ii) verifies identities/documents for trust and compliance; (iii) facilitates escrow-based payments via Stripe Connect; and (iv) tracks service progress for transparency and safety. Via Hive does not perform or supervise services and does not guarantee service quality, legality, safety, or completion.
2.2 No Liability for User Conduct. You engage with others at your own risk. To the fullest extent permitted by law, Via Hive is not responsible for acts/omissions of Users (e.g., property damage, harassment, fraud, unlawful activity).

3. Eligibility and Accounts

3.1 18+. You must be at least 18 and legally competent.
3.2 Security. Keep account/payment details accurate and secure; you’re responsible for all account activity.
3.3 COPPA. We do not knowingly collect personal information from children under 13.
3.4 Identity & Background. With consent where required, we may use IDs, selfies, liveness/biometric checks and partners such as Stripe and Checkr to verify identity and prevent fraud. Falsification may result in suspension and referral to law enforcement.
3.5 Documentation & Fees. We may collect proof of address, tax forms, insurance certificates, and charge non-refundable processing/background fees. You authorize storage/review and sharing with trusted providers or authorities for compliance and fraud prevention.

4. Booking, Pricing, and Payments

4.1 Rates/Taxes. The Job Rate is shown before booking; taxes/fees appear at checkout as the Job Total.
4.2 Pre-Auth Hold. A temporary hold (e.g., up to two hours of the applicable rate or category equivalent) may be placed.
4.3 Processing. Payments are handled by Stripe (PCI DSS v4.0). Via Hive does not store card numbers.
4.4 Charge Authorization. You authorize charges for Jobs, extensions, adjustments, and taxes/fees.
4.5 Receipts & Tips. Electronic receipts provided. Tipping is optional; tips pass to the Pro (minus processor fees) and are non-refundable after Job close except for fraud/mischarge.
4.6 Non-Circumvention. No off-platform payments with parties first introduced on Via Hive for 12 months (limited to introduced scope), unless Via Hive consents in writing.
4.7 Transaction Review. We may withhold/delay/review transactions if fraud is suspected.
4.8 Taxes. Users are responsible for their taxes; we may withhold/remit where required by law.
4.9 Escrow & Release. Client funds are received, held, and disbursed by Stripe and/or affiliates under Stripe Connect; Via Hive is not a money transmitter. Funds release on Client approval or per auto-release policy; disputes may pause release. Users will cooperate with Stripe disputes and acknowledge card-issuer decisions are outside Via Hive’s control. Stripe may hold reserves or offset under its terms.
4.10 Background Checks (FCRA). For certain categories, Checkr, Inc. may be used. If adverse action is contemplated, we provide required notices and an opportunity to dispute (FCRA §1681m).
4.11 Promotions & Credits. Single-use, non-transferable, no cash value; CPRA financial incentives require opt-in and can be withdrawn anytime.
4.12 Subscriptions. Premium plans may auto-renew. Cancel in settings before next billing. Renewal notices provided where required; proration where required by California ARL.

5. Cancellations & Rescheduling

Free cancel: until “On My Way” or 2 hours pre-start (earlier controls).
Late cancel: 25% of Job Total (cap $100).
Missed appointment: $35 or 1 hour at Job Rate (greater controls).
Reschedule in late window: same as late cancel.
Pro cancel: we may assist with rebooking or refund.

6. Job Performance & Reviews

Pros control methods/tools; Clients provide safe access and accurate instructions. Reviews must be honest/lawful; we may remove abusive or deceptive content.
Insurance Clarification. Via Hive does not provide general-liability, property-damage, or workers’ comp insurance for Pro services. Pros represent they maintain required/industry-standard insurance. Remedies for workmanship issues are sought from the Pro or their insurer.
Matching/Posted Jobs. We may use AI, geolocation, and automated decision systems to enhance matching and Posted Jobs; factors may include category, ratings, distance, availability, and reliability. Parties may negotiate in-app.
Moderation. We may remove/suspend content that violates these Terms or law.
Recording/Surveillance. We capture timestamps, GPS, and user-uploaded photos for verification. Follow privacy/wiretap laws. No recording in private areas.
Location Services Consent. By enabling location, you consent to precise geolocation for routing, safety, and proof-of-service subject to Privacy §2.1 (Location & Marketing Consent).
Risk. You acknowledge inherent risks in meeting others.

7. Safety & Conduct

Request only lawful services; disclose hazards; secure pets; comply with anti-discrimination; no harassment; no cameras in private areas.

8. Prohibited Services & Items

No illegal/unsafe/unlicensed work; no weapons/explosives/controlled substances; no emergency/first-responder use cases.

9. Communications Consent

Transactional texts/emails/push may be sent (booking updates, safety alerts). Marketing requires separate opt-in and can be withdrawn anytime in the Privacy & Notifications Dashboard. Msg/data rates may apply. Reply STOP to opt out.

10. Third-Party Services

Maps, payments, and background checks may be provided by third parties (e.g., Google, Stripe, Checkr). Their terms apply in addition to these Terms.

11. Disclaimers & Limitations of Liability

Services are provided “as is.” To the fullest extent permitted by law, Via Hive is not liable for indirect/special/consequential/exemplary damages.
Liability Cap: Aggregate liability is limited to fees you paid to Via Hive in the previous six (6) months or $500, whichever is greater. Nothing limits liability for death, personal injury, fraud, willful misconduct, or non-waivable statutory duties.

12. Indemnity

You agree to indemnify and hold harmless Via Hive and its personnel from claims, damages, and costs (including reasonable attorneys’ fees) arising from your use of the Services or breach of these Terms.

13. Dispute Resolution & Arbitration (AAA or JAMS)

Informal resolution (30 days) via [email protected] is required. Except for small-claims or where prohibited by law, disputes are resolved by binding arbitration administered by AAA (Consumer or Commercial Rules) or JAMS, under the Federal Arbitration Act.
Venue: Miami-Dade County, FL. Language: English.
Class Waiver: Individual claims only.
Fees: Each party bears its own attorneys’ fees unless otherwise required.
Opt-Out: Email [email protected] within 30 days of first acceptance (include name, account email, clear opt-out).
If arbitration is unenforceable, exclusive venue is state/federal courts of Miami-Dade County, FL.

14. Privacy & Data Use

14.1 Policies. Data use is governed by:

Global Privacy Policy (VH-PP-2025-R18) — includes §2.1 Location & Marketing Consent and §28 Data-Subject Verification Framework (/legal/data-request-verification).
Cookie & Data Retention Policy (VH-CDR-2025-R3) — banner offers Accept All / Reject Non-Essential / Customize; settings available in Privacy & Notifications Dashboard.

14.2 Processors. Trusted third parties include Stripe (payments) and Checkr (verification); their terms apply.

14.3 Safeguards. AES-256, TLS 1.3, MFA, RBAC, AWS controls; no system is perfectly secure.

14.4 Breach Notification. We notify affected users without unreasonable delay and no later than 72 hours after confirmation where required by law; cooperate with regulators; remediate promptly.

14.5 AI & Human Review. We use AI for matching, fraud detection, and moderation; you may request human review of automated decisions that materially affect your rights.

14.6 Storage Regions. Data may be processed in the U.S. and other jurisdictions with appropriate safeguards (e.g., SCCs/IDTA).

15. Termination; Appeals

You may close your account anytime. We may suspend/terminate for violations, fraud, or safety concerns. Appeal within 14 days at [email protected].

16. Changes to These Terms

We may update these Terms; material changes are announced in-app or by email and generally take effect 30 days after notice (earlier where required for security/compliance). Arbitration changes apply prospectively only; you may reject within 30 days by emailing [email protected].

17–21. Compliance & Misc. Front-Matter

Law & licensing. Users comply with applicable permits, licenses, taxes, and export controls.
Ethics & transparency. Annual Transparency Report.
Venue/language/accessibility. Florida/USA law; WCAG commitment; Apple third-party beneficiary; Google Play compliance.

22. Force Majeure

No liability for delays beyond reasonable control (e.g., disasters, labor disputes, government actions).

23. Miscellaneous

No waiver without written signature; survival (including §§11–13); confidentiality of non-public information; publication at /terms with archive at /legal/version-control; feedback is non-confidential; subpoenas cost recovery; cooperation with investigations; Via Hive may assign to affiliates/successors.

24. Change-Log & Version Control

Revisions supersede prior versions; archived copies listed at /legal/version-control.
Current: VH-CTU-2025-R12 (Nov 2025) — aligned with Cookie R3, Privacy R18, Provider R14; expanded arbitration (AAA/JAMS); 72-hour breach notice; liability cap synced; location/marketing consent & dashboard cross-refs; retention schedule synced.

25. Contact & Notices

Via The Hive LLC · 123 SE 3rd Ave #496, Miami, FL 33131
Registered in Florida, Document No. L20000005962.
Email: [email protected] | [email protected]
Legal notices deemed received five (5) business days after registered mailing.

26. Certification; Electronic Signatures

E-SIGN/UETA consent by clicking “Agree,” creating an account, or using the Services; withdrawal available via [email protected] (may impact service use).

27. Prevailing Party & Attorneys’ Fees

Prevailing party may recover reasonable attorneys’ fees/costs where permitted.

28. Consumer Refund & Chargeback Policy

48-hour quality window; evidence exchange; escrow hold during review; cooperate with Stripe disputes; no fiduciary duty created; arbitration preserved.

29. Emergency Suspension & Force Majeure Expansion

Temporary limitations/credits/refunds may occur for safety or legal compliance during emergencies; no liability for reasonable emergency actions.

30. Anti-Corruption, Conflicts & Whistleblower

Zero-tolerance; FCPA/UKBA compliance; conflict disclosure; non-retaliation (report to [email protected] or hotline when available).

31. Consumer Bill of Rights & Complaint Handling

Clear pricing, safe environments, transparent disputes; acknowledge in 10 business days and determine/plan within 30 calendar days; escalation to regulators if unresolved.

32. Business Continuity & Disaster Recovery

Redundant infra, encrypted backups, multi-region failover; 24h/72h recovery objectives; annual testing (NIST/ISO 22301).

33. Training, Certification & Competency

Some categories require ongoing licensure/education; failure may result in suspension.

34. Environmental & Sustainability

Compliance with environmental laws; promote eco-friendly options and digital receipts.

35. Supplier Code of Conduct & Fair-Labor Practices

Pros/subcontractors must follow lawful labor practices; OSHA/local safety; non-discrimination.

36. AI & Algorithmic Accountability

Annual audits for bias/fairness/accuracy (AI Bill of Rights/EU AI Act principles); summaries may appear in Transparency Report; human-review right; no guarantee of outcomes.

37. Third-Party Beneficiary Disclaimer

Except as stated (Apple in §21.2), no third-party rights.

38. Government-Use & Procurement

Commercial-items notice (FAR/DFARS); export/sanctions compliance; records available to authorized auditors as required; SAM.gov active.

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