EXHIBIT E — Deactivation & Appeals Policy (Service Professionals)
Effective date: 2025-09-06 • Entity: Via The Hive LLC (“Via Hive,” “we”)
This Exhibit governs how Via Hive reviews conduct/performance issues for Service Professionals (“Pros”), when access to the platform may be limited or deactivated, and how Pros can appeal decisions. Capitalized terms use the meanings in the Agreement and Schedules.
1) Scope & Principles
-
Marketplace integrity & safety. We act to protect customers, Pros, and the platform.
-
Fair process. Notice, a chance to respond, and a documented decision except where emergency suspension is required for safety or fraud.
-
Evidence-based. We rely on objective signals (e.g., GPS/arrival status, chat logs, payments, photos, prior reports) and will consider context.
2) Events That Can Trigger Review
Any of the following may prompt a quality/safety review and possible limits or deactivation:
A. Safety & Conduct
-
Violence, threats, harassment, hate/discrimination, or sexual misconduct.
-
Substance impairment while on a Job.
-
Unauthorized entry or refusal to leave premises when asked.
-
Recording in private areas or other unlawful surveillance.
B. Fraud, Misuse & Off-Platform Circumvention
-
Payment or promotions abuse, identity or license fraud, chargeback schemes.
-
Soliciting/accepting off-platform payments for platform-arranged Jobs (see §3.6 of Customer Terms).
-
Falsifying time/location, starting/ending Jobs inaccurately to inflate charges.
C. Quality & Reliability
-
Repeated late cancellations or no-shows (see thresholds in §5 below and Schedule 2).
-
Material, uncured quality failures (work not to agreed scope/specs).
-
Ratings below minimum after the grace period (see §6).
D. Compliance & Documentation
-
Expired/invalid required license, permit, or insurance.
-
Background-check issues or new disqualifying offenses (FCRA process applies; see §7).
-
Violations of the Agreement, Schedules, or applicable law.
3) Possible Interim Actions
While we review, we may: (a) pause new Job offers, (b) restrict certain categories/regions, or (c) immediately suspend access in serious cases (e.g., violence, fraud, high-risk safety).
4) Standard Review Process (Non-Emergency)
-
Notice. We send in-app/email notice with the reason code(s), relevant booking(s), and what we need from you.
-
Your Response Window. You have 72 hours to respond and provide context or evidence (photos, receipts, license proof, messages, GPS/arrival screenshots, etc.).
-
Investigation. We review submissions, internal logs (e.g., “On my way,” arrival/complete events, chat/call masking logs), and, when needed, customer statements.
-
Decision. You receive a written outcome: no action, education/warning, strike, limited suspension (time-bound), or deactivation. We’ll include the basis and next steps.
Emergency suspensions: We may suspend first (without prior notice) where there is credible risk. You’ll still receive notice and an opportunity to respond/appeal.
5) Reliability Thresholds (Aligned with Schedules)
-
Late cancellations by Pro (inside 2 hours of start or after “On my way”):
• 2 or more incidents in any 28-day period → review and strike or temporary suspension. -
No-show or abandonment:
• 1 incident in any 28-day period → review and temporary suspension or deactivation depending on severity/history. -
Quality failures (material, uncured):
• Repeated substantiated cases → strike, limits, or deactivation. -
Misuse/fraud/off-platform circumvention:
• Confirmed → immediate suspension and likely deactivation.
Fee/adjustment amounts are set in Schedule 2. This Exhibit governs access status; it does not duplicate monetary adjustments.
6) Ratings Minimum & Grace
-
Minimum rating: 4.2/5.0 average across the most recent 20 rated Jobs.
-
Grace period: New Pros have a grace period until 10 completed Jobs before the minimum applies.
-
Process: If you fall below the minimum, we notify you and offer tips/coaching. If the rating stays below 4.2 after two weeks or 5 additional rated Jobs (whichever is later), we may limit categories or suspend until improvement.
7) Background Checks & FCRA
When access decisions rely in whole or part on a consumer/background report, Via Hive will follow the Fair Credit Reporting Act (FCRA) process:
-
Pre-Adverse Action Notice with a copy of the report and Summary of Rights; 5 business days (or longer if required by law) to dispute/report corrections.
-
Final Adverse Action Notice only after the dispute window, if applicable.
Nothing in this Exhibit waives your FCRA rights.
8) Appeals
Eligibility. You may appeal any final decision (including emergency suspensions) within 14 days of notice.
How to appeal. Email [email protected] with subject “Appeal – [Your Name] – [Case ID]” and provide:
-
A concise statement of why the decision should be changed;
-
Any new or overlooked evidence (timestamps, photos, communications, licenses/insurance, police or medical documents, receipts);
-
If applicable, witness names or documents confirming extenuating circumstances.
Review & outcome. A reviewer who was not the original decision-maker will decide the appeal—typically within 7 business days (complex cases may take longer with notice). Outcomes: uphold, modify (e.g., shorten suspension), or reverse (reinstate). We’ll confirm by email/in-app.
9) Extenuating Circumstances (Examples)
We may waive or reduce adjustments and avoid strikes where documented events outside your control occur, including:
-
Medical emergency or hospitalization;
-
Traffic collision or road closure en route (attach report or tow/insurance docs);
-
Severe weather, natural disaster, or widespread power/network outage;
-
App/platform outage verified by Via Hive;
-
Incorrect or unsafe customer address/access; law-enforcement activity blocking entry;
-
Bereavement (immediate family).
Provide documentation within the 72-hour response window or with your appeal.
10) Reactivation Conditions (When Allowed)
Depending on the reason, we may require one or more of the following before restoring access:
-
Proof of valid license/permit/insurance;
-
Completion of a brief policy refresher or training module;
-
Settlement of unpaid adjustments, chargebacks, or fraud-related balances;
-
Written acknowledgment to adhere to the Agreement, Schedules, and this Exhibit.
11) Non-Retaliation & Abuse
-
Non-retaliation. Retaliating against customers, witnesses, or Via Hive staff over a report or outcome is prohibited and may itself lead to deactivation.
-
Abuse of reporting. Knowingly false or bad-faith reports can result in action against the reporting party.
12) Records, Privacy & Legal Holds
We may retain investigation records consistent with our Privacy Policy and legal obligations. If litigation or a governmental inquiry is reasonably anticipated, related data may be preserved under a legal hold.
13) Relationship to Other Terms
This Exhibit supplements the Agreement and Schedules 1–2. If there is a conflict, the Agreement and Schedules control. Dispute resolution terms (including arbitration and small-claims option) remain available to you.
Contact for Appeals & Questions:
Via The Hive LLC • 123 SE 3rd Ave, #496, Miami, FL 33131
Email: [email protected]