Via the hive llc

Self-Employed Independent Service Providers Contract and account creation
VIA HIVE PROFESSIONAL SERVICE AGREEMENT U.S. Terms Of Use & Privacy Policy And Stripe privecy policy https://stripe.com/privacy

This Service Professional Agreement (the Agreement) sets forth the terms and conditions whereby you, an independently-established service provider fully-licensed (to the extent required by applicable law in the jurisdiction where the services are being performed), qualified and customarily engaged in a trade, occupation and/or business to provide the services contemplated by this Agreement (the Service Professional), agree to provide certain services (as described in the following 1.1 Background Statement. A ) and via the web-based platform of https://www.via-hive/com/categories page. As of Via the hive llc. 123 SE 3rd Ave , Miami, Florida 33131 and subsidiaries (collectively, “Xuptech”. You acknowledge that the services contemplated by this Agreement may be made available under (a) Xuptech, Golanlist, Viahive and various brands, including but not limited to the foregoing brands, and/or (b) the brands of Viahive’s contractual partners. Service Professional’s designated contact person, mailing address, phone number and email address is located on Service Professional’s account profile page and is incorporated herein by reference as if fully set forth herein. Service Professional is obligated to maintain this information and ensure it is current. 

 

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 12.2.

 

1. GENERAL PROVISIONS 

Background Statement. A

Viahive technology/Services Hub. provides a web-based and mobile application Location based portal, to connect potential clients (Service Requesters) with fully-licensed & legally qualified / verified professionals by location (to the extent required by applicable law). In the business of providing an on-demand professional service involves providing verified professionals by location almost in real-time. Via Hive software application works as a mediator / hub between a user and the service provider to facilitate a service request from the user,  via the software application for on-demand professional service allows users to order any kind of professional service related to any service and strive to deliver it in minutes, within a mile or less. And get the task done in the most efficient way, quick, Secure and easy. like for example booking a disk jockey for a party. And Over 200+ Business categories. As it is disclosed on the website Including but not limited to parent categories and subcategories, For Example, Locksmith, Handyman, Or Tow Truck  AAA Services, Babysitter, Mobile car wash, Cleaning services, Plumbing services, Electrical Services, Painting services, Security Guard, Snow Plowers, Tour Guide, Landscapers, Free workers,  Translator, Psychologists, Lawn Care, home and/or office cleaning,  home improvement and/or moving services. And More…

Service Professional understands and intends that Service Professional will provide the services to Service Requesters strictly as an independently-owned and operated business enterprise, and not as an employee, worker, agent, joint venturer, partner or franchisee of Via Hive or any Service Requester for any purpose.

Viahive also a hub of an on-demand professional legal and commercial services, for example, includes lawyers, advertising professionals, architects, accountants, financial advisers, engineers, and consultants,

among others. Basically, they can be any organization or profession that offers

customized, knowledge-based services to users. Other examples include on-demand

home services, cleaning services, home maintenance, and on-demand cleaning services.

 

helps a person with a professional degree or diploma to become an independent contractor or become self-employed. The professional can work directly with clients. In an embodiment, an online platform is created to manage the service. The professionals may register themselves on the online viahive on demand platform. As an independent contractor. the professional may work for a fixed fee set by the admin or “viahive” online platform. A professional may offer services in more than one category. For example, the professional may register himself as a plumber as well as an electrician by providing appropriate certifications. The online platform will connect the professionals with customers. The online platform will record each project, status of the project, and also manage payments. The online platform may charge a fee to the professional for connecting them with the customers.

 

Viahive and Service Professional acknowledge and agree that the Services are outside the usual course of Viahive’s business and that the Services will be performed outside all of the places of Via Hives’s business.

 

The Viahive Platform and Terms of Use.

Before receiving access to the Viahive Platform, Service Professional must also review and agree to the Self-Employed Independent Contract Agreement For Professionals PROFESSIONAL SERVICE AGREEMENT U.S. Terms Of Use & Privacy Policy of the Viahive Platform, which are incorporated herein by reference and which Service Professional acknowledges he/she has reviewed and accepted. To the extent the Terms of Use are inconsistent with this Agreement, this Agreement shall control. From time to time, in their sole and complete discretion, 

A.I understand and acknowledge that I am a self-employed independent contractor and not an employee of Viathehive llc. any Service Requester, and/or any other entity that requests or is in any way involved in making available, arranging and/or facilitating services through the Viahive on demand services Platform. 

 

B. I specifically desire and intend to operate as an independent contractor. I understand that Via hive is a Hub Marketplace for services. It is only to connect independent contractors with the users “Service Requesters” by trade. I am responsible for all costs and expenses associated with operating as an independent contractor, including with respect to tools, insurance, materials, supplies and personnel Transportation. 

 

C. I understand and agree that, if at any time, I believe that my relationship with viahive, any Service Requester, and/or any other entity that requests or is in any way involved in making available, arranging and/or facilitating services through the viahive on demand services Platform is something other than an independent contractor, I agree to immediately notify Viahive of this view. 

 

D. I understand and agree that the services I perform are outside the usual course of viahive business and that the services will be performed outside all of the places of Viahive’s business. 

 

E. I understand and agree that I am customarily engaged in an independently established trade, occupation, profession and/or business offering the services to the general public and I maintain a principal place of business in connection with my trade, occupation, profession and/or business that is eligible for a business deduction for federal income tax purposes. 

 

F. I understand and agree that I advertise and hold myself out to the public as available to provide the same or similar services as those provided under the Viahive on demand Services Professional Agreement; and do contract with other businesses to provide the same or similar services as those provided under the Viahive on demand Service Professional Agreement. 

 

G. I understand that the Viahive Service Professional Agreement is a legally binding agreement. 

 

8. I understand that if I agree to the Viahive on demand service platform Professional Agreement and download the Hive Pro Portal mobile application to accept jobs, the Pro Portal uses my location to verify completion of the job, and to be found on the may by the client. And to connect with clients offering jobs near me, and to provide Service Requesters with my location prior to a job. 

 

H. I understand that the Viahive on demand Services Professional Agreement contains a Mutual Arbitration Provision (Section 12.2) which requires, unless I opt out as described in the Mutual Arbitration Provision, Viahive and me to submit disputes to final and binding arbitration as described in the Mutual Arbitration Provision. 

I. I understand that Viahive and any other entity that requests or is in any way involved in making available, arranging and/or facilitating services through the Viahive Platform may use any image I submit to Viahive to show to my clients and to use on my profile page. 

 

J. I understand that the Viahive Service Professional Agreement has changed and that I need to carefully read the updated agreement on the following screen before agreeing to the new terms. 

 

K. I understand and agree that, Viahive administrator can terminate my account any time without any advanced notice.

 

I agree to download a copy of this Viahive Service Professional Agreement from: www.via-hive.com/pro_terms

What's the insurance policy?

This policy covers Viahive only. It does not cover injuries or health issues sustained on the job.  Also, as an independent contractor, you are not eligible for workers compensation.  Because your health and safety should be your highest priority, we recommend you secure insurance for yourself as a precaution.

 

If your customer requests a certificate of insurance, please ask them to contact our team through the help center in the viahive or on the web.

 

Service Providers Identity Verification

 

1.1 Registration Processing

Service Professional may be required to pay nonrefundable background check and (Registration Processing Fee) in order to process Service Professional’s registration to use the Viahive Platform. Payment of the Registration Processing Fee does not guarantee a Service Professional access to or Jobs through the Viahive Platform.

1.2 Social Security Number (SSN)

All New users have to be legally verified using Social Security number (SSN) to  pass a background check and / frad history / money laundering, And public record.governmental Verifications.

1.3 Background Check

To gain access to the Viahive Platform, Service Professional must submit and pass a background check through Viahive’s background check third-party provider system “Checkr” using (SSN). After receiving access to the Viahive Platform, The provider’s account will remain in a pending status for background check Clear status. “User will be able to check the background status any at anytime from the account ) Viahive may from time-to-time, in its reasonable discretion and in accordance with applicable law, conduct additional background checks on Service Professional through Viahive’s background check provider. Viahive conducts background checks in accordance with applicable law.

 

1.4 Business Verification EIN

We use EIN business numbers to verify service provider’s business status Validation. The service providers are asked to provide business license and trade license including ID Card to verify that legality of the business legally is compliant with the State law. 

 

1.5 Bank Account Verification

Service providers have to verify bank accounts to deposit their earnings. When service providers enter their bank account and routing number, Essentially those fields are submitted to the stripe system to legally verify the provider’s bank account with the billing address and legal name.  

 

1.6 Address Verification 

1. Personal Address

We use personal addresses to verify personal identity and background check and bank details.

 

2. Business Address

We use business addresses to verify business license and trade license and eligibility to do business and compliant in the law of the state.

 

1.7 Face Recognition Verification 

I acknowledge and agree that via hive software application performs a set of functions that starts with authenticating and face recognition system at the registration form for all new joining service providers.  Legal Identity is verified by biometric Technology for facial recognition for a legal address and bank account verification and other public records before the registration is completed, to ensure rights and safety of the users. 

2.THE SERVICES

 

2.1 Leads 

Service Professional can accept Jobs through the Viahive Platform ( Website and Professional Mobile application )  Service will only receive service requests from clients, Only within the categories and subcategories that are fully-licensed and approved in (to the extent required by applicable state law in the jurisdiction where the services are being performed) and qualified to provide as specified on Background Statement. A to this Agreement and as selected by the Service Professional during the sign-up process. In those jurisdictions where a license, permit, or certification is required to perform the Services, Service Professional shall, upon reasonable request, provide proof to Viahive of all necessary licenses, permits and/or certifications before Service Professional provides any such Services under this Agreement.

 

2.2 Matching service required with the service provided

The software application collects details of service provided and expertise information from the registered service providers, and the application collects details of service required from the registered users. And matches details of the service required and the service provided.

 

2.3 Location Detection

The software detects users location automatically, to match the service providers within an area in a vicinity of the user location. Users also have an option to request services at any other location, by changing the location manually. 

 

2.4 Providers By Category 

The user then selects the category and subcategory of a service that he requires. After the selection, the user can see the service providers on the location map.

 

2.5 Provider’s Profile 

The user can view details of each service provider, hourly or flat rate and rating. The user has an option to view all service providers in the form of a comparison table to compare the service providers. The user can also view the profile of each service provider

 

2.6  Extra services

Users can view provider profiles and add another category / subcategory corresponding to extra services offered by a preferred service provider. This addition is possible before service checkout and placement of an order.

 

2.7 Booking a Service

The user then selects a time and date for the selected service and number of hours the user needs a selected service provider. This information is required to match the service provider's availability within the area where the service is requested.

2.8 Matching Providers 

The software application assigns service providers to the users based on the matching and proximity between the service providers and the users. The matching is based on location of the user and the service provider, category and subcategory selected by the user, and availability of the service providers.

 

2.9 Service Progress Tracking 

The software application tracks status of jobs from time of assignment of the jobs to the service providers up to completion of the jobs by the service providers. The tracking is performed step by step including notifications / messaging and graphic display. 

 

3.0 Wallet 

The users have to charge the system wallet with an extra 2 hours cost of service before ordering any service. For example, if the user wants to order a service locksmith at $15 per hour, then the user will have to have $45 in the system wallet to be able to request any kind of service. 

 

3.1 Service Request 

When users request a service from the service provider’s profile, the service providers will receive a new lead notification with the details of the requested service. The service providers will have two options, the two options being “reject the request” and “accept the request”. If the service provider rejects the request, the user will receive a notification that the provider is not available and the service request is rejected. If the provider accepts the job after reviewing the details of the requested service, the location and time, then the user will receive a notification that the service request has been accepted and the service provider is on the way. At this stage, the user has an option to cancel the service request. In an embodiment, the user may cancel the service request or cancel the service provider assigned for the job within a predetermined period of time of confirming booking of the service provider.

 

Then the service provider has to press the start button, to open the directions to the service location of the user. The user will receive a notification that the service provider is on the way. The user will have an option to track the movement of the service provider on the map. The software application also provides communications options, for example, live chat, call, SMS, and email, between the user and the service provider. After the service provider arrives at the user location, the service provider has to press the “Arrived” button, following which, the user will receive a notification about the arrival of the service provider. Then the service provider has to press the “Start project” button, The user will receive a notification that the service provider has started working on the service request.

 

The software application will start counting the job time, including an option of adding extra hours to the service if needed, The provider will have an option to add more hours, After requesting extra hours the users will have to accept or reject. Then the service provider has to press the “job completed” button. The User will receive a notification that the job is completed. the final amount for the job including any additional cost for the requested hours change. The total amount will be recovered from the user’s Wallet. 

Service Request Cancellation Policy
Customers are eligible to cancel the service request with no cancellation fee.

 

3.2 Location Tracking 

Since the software application continuously monitors the job, Users will be able to view providers movements on the map Users don't even have to be at the location of service, as long the service provider will be able to access the location to perform the job. The software application keeps track of movement of the service provider from the time the service provider accepts the job till the time he leaves the user location after completing the job.

 

3.3 Job Completion.

 

Once Service Professional has accepted a Job, Service Professional is contractually obligated to complete the Job within the Timeframe specified by, and to the satisfaction of, the Service Requester. Service Professional may not cancel the Job without advance notice of at least 24 hours to Service Requester and Viahive, except in the case of an unavoidable emergency, in which case, Service Professional shall notify Service Requester and Viahive as soon as practicable. Repeated cancellations and/or rescheduled Jobs on short-notice by Service Professional may result in termination of this Agreement in accordance with Section 9. Additionally, at Viahive’s reasonable discretion, cancellation or rescheduling by the Service Professional or Service Professional’s failure to complete a Job to the satisfaction of Service Requester may result in liquidated damages being charged to Service Professional as described in Schedule 2. Service Professional may also be entitled to a fee or liquidated damages in the event a Service Requester cancels or reschedules a Job as described in Schedule 2. Modifications to Schedule 2 will be effective upon written notification to Service Professional and will supersede any and all prior versions.

The software application also provides information regarding the number of jobs completed by each service provider at any given point of time and corresponding earnings.

 

Viahive is interested only in the results to be achieved by Service Professional: completion of each accepted Job in accordance with Service Requester's specifications as detailed by Service Requester. Service Professional is solely responsible for determining the manner and method of performing all Jobs under this Agreement. Service Professional understands and agrees that Service Professional's failure to complete a Job in accordance with Service Requester's specifications detailed by Service Requester through the Viahive Platform constitutes a material breach of this Agreement and may result in liquidated damages as described in Schedule 2 and/or termination of this Agreement in accordance with Section 9, unless Service Professional cures the breach either through a reduced Service Fee or completion of the Job (without additional Service Fees being charged to the Service Requester) to the satisfaction of the Service Requester.

By accepting this Agreement, Service Professional authorizes Viahive to withhold the amounts listed in Schedule 2 (where applicable) as payment of liquidated damages from Service Professional's Service Fees.

3.4 Service Requester Ratings.

 

Service Professional acknowledges that the Viahive Platform is available only to those Service Professionals who maintain high standards of professionalism and quality of service. Service Professional acknowledges that Service Requester may rate and review a Service Professional at the end of every booking. To ensure that the Viahive Platform remains a reliable platform, Service Professional agrees to maintain a Service Requester rating at or above the minimum rating established by Viahive for access to the Viahive Platform, as modified from time to time. In the event a Service Professional's aggregate rating falls below the applicable minimum rating, Viahive reserves the right to deactivate the Service Professional's access to the Viahive Platform. Viahive agrees to provide Service Professional written notice of the minimum rating and any changes thereto.

After each service request is successfully completed, the software application collects reviews and ratings from the
users for each completed job and reflects the ratings in the expertise information of the service providers.

 

4. No Control.

 

Service Professional shall be, at all times while this Agreement is in effect, both under the terms of this Agreement and in fact, free from Viahive's supervision, control and direction in the performance of the Services. Viahive shall not control or have any right to control the manner or means by which Service Professional performs the Services, including but not limited to the time and place Service Professional performs the Services, the Jobs Service Professional selects, the tools and materials used by Service Professional to complete the Jobs, the helpers, assistants, subcontractors or other personnel (if any) used by Service Professional in completing Jobs, or the manner in which Service Professional completes the Jobs. Viahive will not and has no right to, under any circumstances, require Service Professional to participate in training, nor does Viahive offer or provide training to Service Professional. Those provisions of the Agreement reserving ultimate authority in Viahive have been inserted solely to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.

Service Professional is not obligated to personally perform the Services. Service Professional shall furnish at his/her own discretion, selection, and expense any and all assistants, helpers, subcontractors or other personnel the Service Professional deems necessary and appropriate to complete the Services. Service Professional shall be solely responsible for the direction and control of any such personnel and for all acts and omissions of same.

 

Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by Service Professional, Service Professional shall require any such individuals to submit to a basic background check satisfactory to Viahive.

 

Service Professional assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required state and federal income tax withholdings, unemployment insurance, and social security taxes as to Service Professional and all persons engaged by Service Professional in the performance of the Services. Service Professional agrees that he/she is fully and solely responsible for filing, and shall file, an appropriate schedule of expenses and all other appropriate tax documents with the Internal Revenue Service in compliance with required filing periods. Service Professional shall be responsible for, and shall indemnify and hold Viahive harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or his or her assistants, subcontractors and/or other personnel, or by any third party with respect to any claims for taxes or contributions, including penalties and interest.

To the extent required by applicable law, Service Professional agrees to maintain a separate set of books or records reflecting all items of income and expense associated with operating his or her business.

5 Service Fees.

 

Service Requester shall pay for completed Jobs through the Viahive Platform at the rates that are disclosed prior to the service request set by Viahive / service provider - hourly rate / Flat rate at the time of the service request. the Viahive Platform, which shall be based on the stated parameters of the Job (the Job Rate). Each Job made available to Service Professional on the Platform shall be performed within the timeframe of the order, the total amount of the details about the Service requested, the Job Rate, and the estimated Service Fee and the hours of work Time, will be paid to viahive platform  upon completion of the Job, The difference between the Job Rate and Service Fee shall be the fee owed to Viahive (Booking Fee).

Modifications to pricing and fees will be effective upon editing flat or hourly rate in the provider’s profile, 

Each Category’s fee is different. Category rate can be set By admin / by service providers / It depends on the profession of each category. Users can update category’s price only in categories where admin allows this option from the admin panel, Notwithstanding the provisions of Section 16, the availability of any such modified pricing and/or fees on the Viahive Platform shall constitute written notice to Professional for purposes of this Section 5, which shall be effective at the time such modified pricing and/or fees are made available to Service Professional. By accepting this Agreement, Service Professional authorizes Viahive to withhold Viahive's Booking Fee and any other applicable fees from the Job Rate before remitting to the Service Professional the Service Fee to which Service Professional is entitled for each Job. For purposes of (to the extent applicable), the value of the services performed pursuant to this Agreement is equal to the net amount paid to Service Professional for each Job, after accounting for the pre-negotiated fees and/or platform costs (including the Booking Fee and any other fees).

6 Service Fee Payment.

 

When a Job is complete, Service Professional will submit to the Service Requester and Viahive confirmation that the Job is complete. Viahive will transmit payment to Service Professional, whether in Service Professional’s capacity as a sole proprietorship or other corporate entity, via direct deposit. So long as Service Professional has completed the steps necessary to set up a direct deposit account and provided those details to Viahive, Viahive shall then remit payment for each Job, less Viahive's Booking Fee and any other applicable fees within seven (7) business days following the day the Job was completed. Absent Service Professional's failure to complete the appropriate steps to arrange for payment by direct deposit, Viahive's failure to remit payment within seven (7) business days following the day the Job was completed shall constitute a material breach of this Agreement. For purposes of this Section 3.3, “remit” shall refer to Viahive’s initiation of a payment to Service Professional; provided that Viahive has initiated payment to Service Professional within seven (7) business days following the day the Job was completed, Viahive shall not be liable if the paid amount is not accessible by Service Professional within that time frame. Service Professional may request payment for a booking to be remitted sooner than as set forth above for a fee as set forth in through the Viahive Platform. Such fee will apply each time that the Service Professional requests a payment sooner than seven (7) business days following the day the Job was completed. If applicable, Viahive will report the payments paid to Service Professional under this Agreement by filing the appropriate Form 1099 with the Internal Revenue Service as required by law. Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to this Agreement, Service Professional agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Viahive enabling payment processing services through Stripe, Service Professional agrees to provide Viahive accurate and complete information about Service Professional and Service Professional's business, and Service Professional authorizes Viahive to share it and transaction information related to Service Professional's use of the payment processing services provided by Stripe.

3.3 Project Advisor Services.

 

Certain Jobs may be designated as Project Advisor Service Jobs and may utilize Statement of Works (“SOWs”), which include additional details regarding the Project Advisor Service Job. For Project Advisor Service Jobs and notwithstanding anything herein to the contrary, a portion of the Service Fee may be paid upon Project Initiation (as defined below), and the remaining portion of the Service Fee shall be paid upon Project Completion (as defined below). Project Initiation is defined as when the Service Professional first arrives at the address of the Service Requester to begin the Services for the Project Advisor Service Job. Project Completion is defined as when Viahive receives written confirmation from both the Service Requester and the Service Professional that the Project Advisor Service Job has been completed, as reasonably determined by Viahive.

4. EQUIPMENT AND OPERATIONS

4.1 Compatible Mobile Device.

 

Unless otherwise mutually agreed in writing by the parties, in order to book Jobs, Service Professional must possess a smartphone equipped with access to the Viahive Platform (the Compatible Mobile Device).

4.2 Pro Portal.

 

Unless otherwise mutually agreed in writing by the parties, in order to book Jobs, Service Professional must download Viahive's Service Professional mobile application (the Pro Portal) onto the Compatible Mobile Device used by the Service Professional. Viahive collects the latitude and longitude location (Location Coordinates) of the Compatible Mobile Device from the ProPortal for a period of time starting 4 hours prior to the scheduled start of a Job for the purpose of (i) providing support for the Service Professional and Service Requester to find each other and (ii) confirming that the Service Professional will perform the Job claimed by the Service Professional and ending 2 hours following the scheduled end of a Job for the purpose of confirming that the Job is completed. In addition, at any point, Viahive may collect the Location Coordinates of the Compatible Mobile Device on which the Pro Portal is installed for the purpose of notifying a Service Professional of Jobs that are posted on short notice by Service Requesters in the Service Professional's vicinity. Service Professionals shall have no obligation to accept any Job offered in this manner. For up to a 4 hour period prior to the scheduled start of a Job, Viahive may share the Service Professional's Location Coordinates with the Service Requester for the purpose of assisting the Service Requester and Service Professional and to confirm that the Service Professional will perform the Job claimed by the Service Professional. Viahive may also disclose the Service Professional's Location Coordinates and contact information as required by applicable law, to authorized service providers, or when Viahive believes that such disclosure is necessary to protect the rights, property, or safety of Viahive, Viahive Platform users, Service Requesters, or others. Viahive has no right to collect or use GPS data for the purpose of controlling or monitoring the manner and means by which the Service Professional provides the Services contemplated by this Agreement, or the frequency with which the Service Professional uses the Viahive Platform to book Jobs. The Service Professional may stop Location Coordinates collection only by uninstalling the Pro Portal from the Compatible Mobile Device. Viahive retains Location Coordinates information to confirm that the Job has been completed and retains de-identified Location Coordinates data indefinitely. By executing this Agreement, Service Professional agrees to the use and disclosure of Location Coordinates information as described above.

4.3 Costs of Operation.

 

Service Professional is solely responsible for any costs or expenses incurred by Service Professional in connection with the operation of Service Professional’s business and the performance of the Services. Service Professional shall furnish and maintain, at Service Professional's own expense, the tools, equipment, supplies, and other materials used to perform the Services. Service Professional, at Service Professional's sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials.

4.4 Viahive Apparel or Identification.

 

Service Professional will have no obligation to wear or display Viahive branded apparel, badge or other form of identification.

4.5 Use of Voice, Image and Likeness.

 

Service Professional gives Viahive permission to use any and all of Service Professional's voice, image, likeness, and any ratings and reviews from Service Requesters about Service Professional, with or without using Service Professional's name, in connection with the products and/or services available through the Viahive Platform, for the purposes of advertising and promoting such products and/or services and/or Viahive, for the purposes of identifying Service Professional to Service Requester, and/or for other purposes deemed appropriate by the Viahive in its reasonable discretion, except to the extent expressly prohibited by law. In addition to the foregoing, Service Professional may be required to submit an image for use by the Viahive Platform to facilitate identifying Service Professional with Service Requesters. Service Professional also represents and warrants the Service Professional owns the copyright of any image or likeness that the Service Professional provides to Viahive.

4.6 Call and SMS Data.

 

Service Professional agrees to Viahive's use of a service provider to mask the Service Professional's phone number when the Service Professional calls or exchanges text (SMS) messages with the Service Requester. To facilitate this process, Viahive and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. Service Professional consents to the masking process described above and to Viahive's use and disclosure of this call data for its legitimate business purposes.

Service Professional also consents to Viahive's sending text (SMS) messages directly to the Service Professional as described in the Terms of Use.

5. RELATIONSHIP OF THE PARTIES

Service Professional is an independent contractor. Service Professional represents that he or she is customarily engaged in an independently established trade, occupation, profession and/or business offering the Services to the general public and/or Service Professional represents that he or she maintains a principal place of business in connection with Service Professional’s trade, occupation, profession and/or business that is eligible for a business deduction for federal income tax purposes. This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Service Professional and Viahive or any Service Requester for any purpose. Service Professional has no authority (and shall not hold himself or herself out as having authority) to bind Viahive and Service Professional shall not make any agreements or representations on Viahive's behalf without Viahive's prior written consent. Service Professional understands that Service Professional will not be eligible to participate in any benefit plans offered to Viahive's employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by Viahive to its employees. Viahive will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers' compensation insurance on Service Professional's behalf. Service Professional shall be responsible for, and shall indemnify and hold Viahive harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professional or by any third party with respect to any claims for taxes or contributions, including penalties and interest.

6. REPRESENTATIONS AND WARRANTIES

Service Professional represents and warrants to Viahive that: (a) Service Professional has, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional have the legal right to provide the Services that are contemplated by this Agreement in the United States; (b) Service Professional is, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional are fully-licensed (to the extent required by applicable law) and authorized to provide the Services contemplated by this Agreement within the jurisdiction in which Service Professional and any assistants, helpers, subcontractors or other personnel engaged by Service Professional intend to offer said Services, and have the required skill, experience, and qualifications to perform the Services; (c) Service Professional shall perform the Services in accordance with best industry standards for similar services and shall ensure that all assistants, helpers, subcontractors and other personnel used by the Service Professional in relation to the delivery of Services shall do likewise, including the completion of all Jobs referred to Service Professional that he/she opts to accept through the Platform; (d) Service Professional and any assistants, helpers, subcontractors or other personnel engaged by Service Professional shall perform the Services in accordance with all applicable laws, rules and regulations; (e) Service Professional has the right to and does advertise and hold itself out to the public as available to provide the same or similar services as those provided under this Agreement; (f) Service Professional has the right to and does contract with other businesses to provide the same or similar services as those provided under this Agreement and maintains a clientele without restrictions from Viahive or the Service Requester; and (g) Service Professional maintains a business location that is separate from the business or work location of Viahive or the Service Requester.

For Service Professionals performing the Services in Washington State, Service Professional shall, within a reasonable period of time after this Agreement is electronically signed, establish an account with the Department of Revenue and all other required state agencies, for the business Service Professional is conducting for the payment of all state taxes normally paid by employer and businesses. Service Professional further agrees, within a reasonable period of time after this Agreement is electronically signed, to register for and receive a unified business identifier number from Washington State.

Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.

7. INDEMNIFICATION

Service Professional shall defend, indemnify and hold harmless Viahive and its affiliates, parents, subsidiaries, and partners and their respective officers, directors, employees, agents, successors, and assigns and any other entity that requests or is in any way involved in making available, arranging and/or facilitating services through the Viahive Platform from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Service Professional's acts or omissions, which shall include any acts or omissions of any assistants, helpers, subcontractors or other personnel engaged by Service Professional; and (b) Service Professional's breach of any representation, warranty, or obligation under this Agreement.

The Services that Service Professional provides pursuant to this Agreement are fully and entirely Service Professional's responsibility. Viahive is not responsible or liable for the actions or inactions of a Service Requester or other third party in relation to the Services provided by Service Professional. Service Professional understands, therefore, that by using the Viahive Platform, Service Professional will be introduced to third parties in relation to whom Viahive has not conducted any background or reference checking, that may be potentially dangerous, and that Service Professional uses the Viahive Platform at his/her own risk.

8. INSURANCE

It is the sole responsibility of the Service Professional to maintain in full force and effect commercial and general liability, adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance, in each case with insurers reasonably acceptable to Viahive, with policy limits sufficient to protect and indemnify Viahive and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, parents, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of Service Professional or Service Professional's assistants, agents, contractors, servants, or employees. Service Professional shall, upon reasonable request, name Viahive and its affiliates as additional insureds under the applicable policies and provide proof to Viahive of such insurance before Service Professional provides any such services under this Agreement.

9. TERM; TERMINATION

9.1 Term.

 

This Agreement shall be effective as of the date it is executed by Service Professional and shall remain in effect unless and until terminated as set forth in this Section 9 (the Term). Service Professional understands that Viahive may temporarily deactivate Service Professional's profile on Viahive Platform in the event that Service Professional is inactive on the Viahive Platform for a period of 28 days or more, as modified from time to time. In such circumstances, Viahive shall reactivate Service Professional's profile upon request from Service Professional.

The parties acknowledge that the term of this Agreement does not reflect an uninterrupted service arrangement, as this Agreement guarantees Service Professional the right to choose when to make himself or herself available and each Job referred and accepted is treated as a separate service arrangement.

9.2 Termination.

 

(a) Viahive and Service Professional may terminate this Agreement, effective immediately upon written notice to the other party, in the event that other party materially breaches this Agreement. A material breach shall include, but not be limited to, the acts or omissions expressly defined as constituting a material breach herein, misconduct, Viahive's failure to timely remit Service Fees as described herein, Service Professional's repeated failure to complete a Job he or she has booked on the platform to the Service Requester’s satisfaction, Service Professional's failure to meet the applicable minimum rating, or if a Service Professional cancels or reschedules two (2) or more Jobs he or she has booked on less than 2 hours' notice prior to the applicable Job start time within any twenty-eight (28) day period.

In the event there is a dispute whether Viahive or Service Professional materially breached the agreement, and it cannot be resolved by informal negotiations, the parties agree to submit any such dispute to final and binding arbitration, unless Service Professional exercises his/her right to opt out of arbitration, as described in Section 12.2, below.

(b) In addition to the foregoing, Service Professional may terminate the Agreement for any reason upon fifteen (15) days' written notice.

9.3 Service Professional's Obligations Upon Termination.

 

Upon termination of this Agreement for any reason, Service Professional shall: (a) complete any outstanding Jobs Service Professional has booked (the Outstanding Jobs) and (b) certify in writing to Viahive that Service Professional has complied with the requirements of this Section.

9.4 Viahive's Obligations Upon Termination.

 

Upon termination of this Agreement: (a) if the termination is affected by Viahive, Viahive shall immediately pay to Service Professional any outstanding earned Service Fees; or (b) if the termination is affected by Service Professional, Viahive shall pay to Service Professional any outstanding earned Service Fees within seven (7) business days. In either event, Viahive shall pay Service Fees for any Outstanding Jobs as soon as practicable after Service Professional has completed the Outstanding Jobs.

9.5 Surviving Provisions.

 

The terms and conditions of this Section 9.5 and Sections 5, 6, 7, 9.3, 9.4, 10, 11, and 12 (including, but not limited to, Section 12.2) shall survive the expiration or termination of this Agreement.

10. OTHER BUSINESS ACTIVITIES; NON-EXCLUSIVITY

Service Professional may be engaged or employed in any other business, trade, profession, or other activity, including providing Services to customers booked through means other than the Viahive Platform, including other web-based portals, smartphone applications, and/or platforms. Viahive has no obligation to utilize Service Professional under this Agreement and may use other providers to perform the same or similar services as those that may be performed by Service Professional under this Agreement.

11. ASSIGNMENT

Service Professional may not assign this Agreement, absent written authorization by Viahive. This provision shall not be construed as limiting Service Professional’s right to engage personnel to assist in the Services as set forth in this Agreement. Viahive may freely assign its rights and obligations under this Agreement at any time. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.

12. DISPUTE RESOLUTION; GOVERNING LAW

12.1 Informal Negotiations.

 

To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between Service Professional and Viahive, Service Professional and Viahive agree to first attempt to negotiate any dispute informally for at least thirty (60) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice of the dispute, controversy, or claim. Service Professional's address for such notices is the address provided by Service Professional to Viahive. Viahive's address for such notices is Viahive, Via the hive llc  123 SE 3rd Ave , Miami, Florida 33131 .

12.2 Mutual Arbitration Provision.

 

Viahive AND SERVICE PROFESSIONAL MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO THE RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE IN ARBITRATION, as set forth below. This Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall survive the termination of this Agreement.

 

Except as expressly provided below, this Mutual Arbitration Provision shall apply to any and all Claims (as defined below) between you and Viahive, including, but not limited to, any Viahive d/b/as, affiliates, subsidiaries, parents, successors and assigns and each of Viahive’s respective officers, directors, investors, insurers, employees, agents, or shareholders. This Mutual Arbitration Provision shall also apply to any and all disputes and/or claims between you and any Service Requester, and/or any other third-party entity involved in requesting or in any way involved in making available, arranging and/or facilitating the Services. The parties agree that Service Requesters and the other third-parties referenced in this paragraph are intended third-party beneficiaries of this Mutual Arbitration Provision. The parties agree that any disputes and/or claims regarding the application of this Mutual Arbitration Provision to any such Service Requesters and/or other third-parties referenced in this paragraph shall be resolved exclusively by an arbitrator.

EXCEPT AS EXPRESSLY PROVIDED BELOW, ALL DISPUTES AND/OR CLAIMS BETWEEN YOU AND Via Hive SHALL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

Disputes and claims covered by this Mutual Arbitration Provision include, but are not limited to, any dispute, claim or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and any and all prior versions thereof (including the formation, breach, termination, enforcement, interpretation or validity thereof), the Service Professional's classification as an independent contractor, Service Professional’s provision of Services under this Agreement, the payments received by Service Professional for providing Services, Service Professional’s registration to use the Viahive Platform, disputes with any entity or individual arising out of or related to the use of the Viahive Platform, background checks, privacy, trade secrets, unfair competition, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, retaliation, discrimination or harassment and claims arising under the Fair Credit Reporting Act, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, state or local statutes or regulations addressing the same or similar subject matters, and all other aspects of the Service Professional's relationship with Viahive whether arising under federal, state or local statutory and/or common law. The parties further agree that this Mutual Arbitration Provision covers all claims or disputes between you and a third-party concerning the provision of any background check of you by a consumer reporting agency and claims or disputes between you and any other third-party entity involved in requesting or in any way involved in making available, arranging and/or facilitating the Services.

Except as stated in Section 12.2(d), below, only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, validity, enforceability, conscionability, and/or formation of this Mutual Arbitration Provision.

(a) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by Service Professional must be delivered to: 123 SE 3rd Ave #496 , Miami, Florida 33131

(b) CLASS ACTION WAIVER-PLEASE READ. VIAHIVE AND SERVICE PROFESSIONAL MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD OR ARBITRATED AS A CLASS ACTION AND/OR COLLECTIVE ACTION, AND AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS ACTION AND/OR COLLECTIVE ACTION (CLASS ACTION WAIVER). VIAHIVE AND SERVICE PROFESSIONAL MUTUALLY AGREE THAT BOTH ARE WAIVING THE RIGHT TO BRING, PURSUE OR HAVE A CLAIM OR DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.

(c)REPRESENTATIVE ACTION WAIVER-PLEASE READ Via Hive and Service Professional mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a representative action, and an arbitrator shall not have any authority to arbitrate a representative action ("Representative Action Waiver").

(d) Notwithstanding any other clause contained in this Agreement, this Mutual Arbitration Provision, or the AAA Rules, as defined below, any claim that all or part of the Class Action Waiver and/or Representative Action Waiver is unenforceable, invalid, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. As stated above, all other disputes regarding interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision shall be determined exclusively by an arbitrator.

(e) Service Professional agrees and acknowledges that entering into this Mutual Arbitration Provision does not change Service Professional's status as an independent contractor in fact and in law, that Service Professional is not an employee of Via Hive or any Service Requester and that any disputes in this regard shall be determined solely by an arbitrator and subject to final and binding arbitration as provided in this Mutual Arbitration Provision.

(f) Unless Viahive and Service Professional otherwise mutually agree in a signed writing, the arbitration will be conducted in the county/State where Service Professional resides. If Service Professional’s claim does not exceed $10,000 (including attorneys' fees), then the arbitration will be conducted solely on the basis of documents Via Hive and Service Professional submit to the arbitrator, unless Service Professional requests a hearing or the arbitrator determines that a hearing is necessary. Unless Viahive and Service Professional both waive the right to a hearing in writing, a hearing shall always be conducted if Service Professional’s claim exceeds $10,000 (including attorneys' fees).

The Arbitrator shall be selected by mutual agreement of Viahive and Service Professional. Unless Viahive and Service Professional mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted, and who has experience in the underlying subject matter. If the parties cannot agree on the Arbitrator, the selection of the Arbitrator shall be governed by the American Arbitration Association Consumer Arbitration Rules ("AAA Rules'').

Regardless of whether the Arbitrator is affiliated with the American Arbitration Association, the parties agree that any arbitration shall be governed by the AAA Consumer Arbitration Rules (including the AAA Consumer Arbitration Fee schedule) in effect at the time the arbitration is initiated, except as follows (unless and to the extent otherwise mutually agreed in writing by Viahive and Service Professional):

(1) The arbitration shall be heard by one Arbitrator selected in accordance with the AAA Rules. The Arbitrator shall be an attorney or a retired federal or state judicial officer with experience in the law underlying the dispute;

(2) The Arbitrator's fees shall be apportioned in accordance with applicable law as determined by the Arbitrator;

(3) Unless applicable law requires otherwise, and notwithstanding anything to the contrary in the applicable AAA rules or fee schedule(s), Viahive and you shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings;

(4) The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes;

(5) Except as provided in the Class Action Waiver and Representative Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable;

(6) The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions;

(7) The Arbitrator's decision or award shall be in writing with findings of fact and conclusions of law;

(8) Either Viahive or Service Professional may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section 12.2 may be rendered ineffectual.

(g) Regardless of any other terms of this Agreement or Mutual Arbitration Provision, nothing prevents Service Professional from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section 12.2, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any required conditions precedent and/or exhausting required administrative remedies under applicable law before bringing a claim in arbitration. Viahive will not retaliate against Service Professional for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.

(h) The AAA Rules may be found at www.adr.org or by searching for AAA Consumer Arbitration Rules or by calling the AAA at 1-800-778-7879.

(i) Service Professional’s Right to Opt Out of Arbitration. Arbitration is not a mandatory condition of Service Professional’s contractual relationship with Via Hive, and therefore Service Professional may submit a statement notifying Via Hive that Service Professional wishes to opt out and not be subject to this Mutual Arbitration Provision. In order to opt out, Service Professional must notify Viahive of Service Professional’s intention to opt out by submitting to Via Hive at 123 SE 3rd Ave #496 , Miami, Florida 33131 a signed and dated written notice stating that Service Professional is opting out of this Mutual Arbitration Provision. Service Professional also may opt out by sending an email to [email protected] stating Service Professional’s intention to opt out. In order to be effective, Service Professional’s opt out notice must be provided within 30 days of the date this Agreement is electronically signed by Service Professional ("Effective Date"). If Service Professional opts out as provided in this paragraph, Service Professional will not be subject to any adverse action from Via-hive as a consequence of that decision and he/she may pursue available legal remedies without regard to this Mutual Arbitration Provision. If Service Professional does not opt out within 30 days of the Effective Date of this Agreement, Service Professional and Via Hive shall be deemed to have mutually and voluntarily agreed to this Mutual Arbitration Provision.

Service Professional acknowledges and agrees that if Viahive modifies any provision of this Agreement other than any term of this Section 12.2, Service Professional will not have a renewed opportunity to opt out of arbitration.

If, however, Viahive modifies this Mutual Arbitration Provision after the date you first agreed to this Agreement (or any subsequent changes to the Agreement), you may reject any such change to the Mutual Arbitration Provision by providing Via Hive written notice of such rejection within 30 days of the date below. This written notice must be provided either (a)123 SE 3rd Ave #496 , Miami, Florida 33131or (b) by email from the email address associated with your account to: [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to the Mutual Arbitration Provision. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Viahive in accordance with the provisions of this Mutual Arbitration Provision as of the date you first agreed to this Agreement (or any subsequent changes to the Agreement).

(j) Right To Consult With A Lawyer: Service Professional has the right to consult with private counsel of Service Professional's choice for independent legal advice with respect to any aspect of this Agreement or Mutual Arbitration Provision, or any claim that may be subject to this Mutual Arbitration Provision.

(k) In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, or representative general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the Class Action Waiver and/or Representative Action Waiver is unenforceable, the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

12.3 Governing Law.

 

Except for the Mutual Arbitration Provision set forth in Section 12.2, which is governed by the Federal Arbitration Act, and except as may be prohibited by the law of the State in which Service Professional primarily works and resides, this Agreement shall be governed and interpreted pursuant to the laws of the state in which the Service Professional performs the majority of his or her services under the Agreement, notwithstanding any principles of conflicts of law.

13. SERVICE REQUESTER PRIVACY

Service Professional understands that in performing the Services, he or she will receive certain private and/or confidential information regarding the Service Requesters and will have access to their homes and personal belongings. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon written consent by the Service Requester, Service Professional agrees that he or she shall not publish, disseminate or disclose, for his or her own benefit or the benefit of any third party, any confidential information regarding the Service Requesters, including addresses, telephone numbers and/or financial information. Service Professional further agrees not to engage in any activity which violates the privacy of any Service Requester, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of a Service Requester or his or her homes or personal belongings, or publishing, disseminating or disclosing any such photographs or recordings. Service Professional acknowledges that his/her failure to comply with the foregoing shall constitute a material breach of this Agreement.

14. MODIFICATION

Service Professional hereby expressly acknowledges and agrees that, by using or receiving access to the Viahive Platform, Service Professional and Viahive are bound by the then-current version of this Agreement, including any supplements to this Agreement or documents incorporated herein, including the Schedules below, except as stated in Section 12.2(i) with respect to a Service Professional’s right to opt-out of the arbitration. Service Professional shall be bound by modifications to this Agreement only upon Service Professional’s electronically signing any modifications or supplements.

15. DEFEND TRADE SECRETS ACT OF 2016

Service Professional acknowledges receipt of the following notice under 18 U.S.C § 1833(b)(1): An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

16. MISCELLANEOUS

All notices other than those required by Section 3.1 and Section 12, requests, consents, claims, demands, waivers, and other communications hereunder (each, a Notice) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). The parties agree that Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or electronic mail (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). This Agreement, together with any other documents incorporated herein by reference, and related exhibits, schedules, and addenda (if any) constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Except as expressly provided otherwise in this Agreement, if any term or provision of this Agreement is determined to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement may be executed in multiple counterparts, including by facsimile or other electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. Headings appear solely for convenience of reference. Such headings are not part of this Agreement and shall not be used to construe it.

This Agreement may not be amended, by implication or otherwise, by any marketing material contained on Viahive's website or the Viahive Platform. Nothing contained in this provision or this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims, except as expressly set forth in Section 12.2.

Service Professional acknowledges that he/she has read and understands this Agreement and also acknowledges that he/she had a reasonable and adequate opportunity to seek and receive independent legal advice, at the Service Professional's own expense, prior to signing this Agreement.

BY CHECKING THE BOX STATING I AGREE TO THE SERVICE PROFESSIONAL AGREEMENT, YOU HEREBY AGREE TO THIS SERVICE PROFESSIONAL AGREEMENT AND AGREE TO ACT IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.

 

You understand that your electronic signature is as legally binding as a handwritten signature.

Service Professional acknowledges he or she is, and any assistants, helpers, subcontractors or other personnel engaged by Service Professional are licensed (to the extent required by applicable State & Federal law), qualified and otherwise authorized to provide, among the Services listed below, only those Services selected by the Service Professional during the sign-up process for which the Service Professional is approved:

I declare that I have obtained all licenses, rights, and permissions necessary for offering this service and accepting Service Requests. I understand that any  rights violation  or applicable laws are against Viahive Terms of Service and may result in my account being blocked.

 

17.  Ownership of Intellectual Property All proprietary rights (not limited to copyright alone) in the System, Desgins, Layouts, Colors. logo, name, and all content of viahive, including but not limited to information, to the system flow and coding strecture in viahive software, code, icons, files, images, databases of all viahive clients and providers data, domains, subdomains, Via hive's company property . Any utilization of these assets requires prior written consent from the via hive. These Terms do not grant you any rights to use the System’s intellectual property, the Company’s trademarks or service marks, or any other proprietary rights, unless explicitly stated otherwise in writing. By using the System, you grant us an everlasting, irrevocable, non-exclusive license to utilize, duplicate, modify, publish, edit, translate, distribute, perform, and display the information you provide to the System, as well as any derivative works, in any form, media, or technology, whether existing now or developed in the future. You also authorize us to sublicense these rights. This includes the exploitation of any proprietary rights in such materials, such as rights under copyright, trademark, service mark, or patent laws, under any relevant jurisdiction. Additionally, you waive any moral rights you have in the materials. By providing feedback, suggestions, improvements, enhancements, and/or feature requests related to the services or System, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to utilize, reproduce, distribute, and fully exploit such feedback for any purpose. You are prohibited from using, copying, displaying, distributing, or allowing the use of any content from the System, including the Specialist database. Creating alternative databases is strictly forbidden and constitutes a breach of these Terms and an infringement of intellectual property rights. You agree not to: (i) Remove any copyright, trademark, or other proprietary notices from any part of the System; (ii) Reproduce, modify, create derivative works from, distribute, license, lease, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the System, except as expressly permitted by the Company; (iii) Decompiling, reverse engineering, or disassembling the System, except as permitted by applicable law; (iv) Link to, mirror, or frame any part of the services; (v) Employ programs or scripts for scraping or spoofing or indexing, surveying, or data mining any part of the System, or unduly burdening or hindering its operation and/or functionality; (vi) Attempt to gain unauthorized access to or impair any part of the System or its related systems or networks. We will investigate notices of copyright infringement in accordance with the Digital Millennium Copyright Act. If you believe that any content on the System infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the System, including the elements outlined in the DMCA: a physical or electronic signature of the copyright owner or authorized representative, identification of the copyrighted work(s) claimed to have been infringed, identification of the infringing content and its location, sufficient contact information to reach you, a statement that you have a good faith belief that the use of the content is unauthorized, a statement that the information provided is accurate, under penalty of perjury.

 

 

 

 

 Viahive - Privacy Notice

 

Last updated:  May 01, 2024. To see what has changed,

 

Via the hive llc knows that you care how information about you is used and shared, using our website via-hive.com. we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting via-hive.com, you are accepting the practices described in this Privacy Notice.

 

 (“ViaHive”, “we”, “us” and “our”). We Are a Services Hub “Marketplace, We connect professionals (“Pros”) with their clients (“Customers”). As part of this effort, we provide our services online, including via the ViaHive website currently at www.via-hive.com (the “Site”) and downloadable software applications (each, an “App” and collectively with each Site, the “Services”). 

 

Each person or entity (including each Pro and Customer) who uses our Services is referred to as a “user” or “you” or “your”. This Privacy Statement and our Terms of Service (“Terms”) apply to each user.

 

This document is our statement of our privacy practices (“Privacy Statement”). Among other things, it explains how we and some of the companies we work with collect, use, share and protect the information you provide to us (“your Content” or “User Content”). The User Content may include any personally-identifiable information, including without limitation name, address, telephone numbers, electronic mail and postal addresses, and other sensitive information that identifies or is uniquely associated with an individual (collectively, “Personal Data”). This Privacy Statement also discusses your choices about the collection, storage and use of your Personal Data. 

 

Any Content that is not Personal Data is referred to as “Non-Personal Data.” Non-Personal Data may include without limitation information about how users use the Services, what Services users select, how users respond to service offerings, how users share information with others, what users say they like and dislike, all of which we aggregate into larger data sets that do not identify individuals (collectively, “Behavioral Data” which is a type of Non-Personal Data).

 

Among other services, ViaHive may connect users with other users, especially as we intend to connect Pros and Customers. Please note that this Privacy Statement does not apply to any other websites, mobile applications, or businesses. Each Pro (and indeed, each Customer) may have their own website, software application or other services, each of which is independent of ViaHive. This Privacy Statement applies only to any Personal Data and other Content we collect or process via any means, including via our Services. 

 

By using our Services, you consent to the collection, transfer, analysis, transformation, storage, disclosure and other uses of your Content, including your Personal Data, as described in this Privacy Statement.

Related Practices and Information

• Self-Employed Independent Contractor Agreement 

• Terms and conditions

• By creating an account on Via The Hive LLC you agree to our partner Agreemt Stripe banking and payment proccessing,
  Tax preperation and user verification, Payouts and payments and documents collecting and verifications for more information please read stripe legal documents
  https://stripe.com/legal/connect-account

How Secure Is My Information?
We design our systems with your security and privacy as our first priority.

1. We work to protect the security of your personal information during transmission by using encryption protocols and software. using Google and Apple And Amazon Web Services to protect our data, SSl Certification
   
   

2. We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data. Our third-Party gateway partners, When users insert card numbers in our website will be using stripe form, Users who use any payment methods on our website must agree and understand stripe gateway privacy policy and terms and conditions before using any method of payments on our, viahive website. www.via-hive.com Viahive does not store or collect any card information in our database, by accepting this privacy policy to use our website user most understand and agree for stripe gateway data protection terms and conditions,
   
   

3. Viahive application performs a set of functions that starts with authenticating  and
   registering new users and new service providers on the server system. The new users  and new service providers are legally verified using Social Security number (SSN) and  personal details for passing background and other governmental checks. We use checkr background check Servicers website to verify users Legal Identity also verified by biometric Technology for facial recognition and legal address and bank account we use Stripe services. and other public records before the registration is completed, to ensure rights and  safety of the users. The service providers are asked to provide business license and trade  license including ID Card to verify that legality of the business legally is compliant with  the State law. We use KYC System, We Also included in terms and conditions is privacy policy for users and  service providers as also professional service agreement / independent contractors’  agreement.  

 

4. We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of customer personal information. Our security procedures mean that we may ask to verify your identity before we disclose personal information to you.
   
   

5. It is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. We recommend using a unique password for your Via-Hive account that is not used for other online accounts. Be sure to sign off when finished using a shared computer. by Clicking on the Lists drop-down. on the website and also on the mobile application and click sign out.
   
   

 

 

What Personal Information About Customers Does Via-hive.com Gather?

 

The information we learn from customers helps us personalize and continually improve your Via-hive experience. Here are the types of information we gather.

We collect many different types of information from you, both directly and indirectly.

 

As noted above, we collect Content from you while providing the Services. Some of the Content is Personal Data that we may use to contact you and connect you with other users, and which is necessary to provide the Services. Other Content we collect from you includes Behavioral Data and other Non-Personal Data that we aggregate, share, and use to improve our Services, and the services of others.

 

Does Viahive Share Your Personal Information?

Information about our customers is an important part of our business, and we are not in the business of selling our customers' personal information to others. We share customers' personal information only as described below and with subsidiaries Via-hive.com  controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

• Transactions involving Third Parties: We employ other companies and individuals to perform functions on our behalf. Examples mapping system google maps or payments transactions, using stripe and identity verifications, business verifications and background check using KYC, Checkr. to secure our platform and ensure the highest level of safety You can tell when a third party is involved in your transactions, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring, assessing and managing credit risk, and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes.and we share customers' personal information related to those transactions with that third party.

 

• Third-Party Service Providers: Are available to you or skills provided by third parties for use on or through Via-hive Services. For example, you can order Services from the Available verified independent service providers through our on demand services platform Services market hub, Or download applications from third-party application providers App Store, And Play Store. 

Note, Via-hive We do not protect 3rd party services, users/customers/clients must accept all third party services' privacy policy and terms and conditions before using their services.

• Business Transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Via-hive.com, Ilc. or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

 

Information you provide us directly
We receive and store any information you enter on our Web site or give us in any other way. to see examples of what we collect. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.

 

• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses Via-hive.com or advertisements and other content served by or on behalf of Via-hive.com on other Web sites.

• Mobile APPS: Hive Client App, Hive Pro App IOS,Android When you download or use apps created by Via-hive.com, Via the hive llc, or our subsidiaries, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices 

 

• Profile information. You may provide us with your name, address and other profile information that you choose to make public or share with other users. 

 

• Location Information. We may ask for your postal address or your geographic location information, especially if you place an order for Services with us. When you post User Content to our website or to social media, you may provide your location information, including global positioning system (“GPS”) data or other location information embedded in or accompanying the User Content (e.g., in tags or captions). 

 

• Communications between you and ViaHive: We may send you emails, SMS or text messages, and other electronic communications , notices of changes/updates to features of the Services, technical and security notices, and for other purposes. We may collect and store these communications. 

• Emails. We may save private emails sent to us by users, and we may share your emails with any third parties or other users. Any public posts on Services may be viewed by any user and is public to anyone who visits the Services. You may elect to disclose certain Personal Data and Non-Personal Data. The information you submit in any public forums is not confidential or private, and ViaHive does not protect it. All information you choose to provide publicly, including information that identifies you or others, can be read, collected, or used by other users and by other third parties, and could be used to send you unsolicited messages and for other purposes.

 

• Social Media. In addition to media that we control, you may post comments, photographs, drawings and other User Content on third party social media, such as YouTube, Facebook, Instagram and Twitter, each of which enforces its own terms of use and privacy policy for its service. As noted in the Terms, we may use and copy the User Content you post. More to the point, your User Content may contain Personal Data about you and other people in the form of names, email addresses, and location information. You should also be aware that a photograph or drawing of a person may be Personal Data to the extent the person may be recognized in and identified by the photograph or drawing, and medical or other healthcare information may be gleaned from any medical conditions, disorders or diseases are discussed or portrayed in the User Content, such as dietary restrictions. We may collect and use User Content and the Personal Data contained in the User Content to market our Services.

 

• Analytics. We may use third-party analytics tools to help us measure traffic and usage trends and other Non-Personal Data (as that term is defined in our Privacy Statement) for the Services. These tools collect information sent by your device or our Services, including the web pages you visit, add-ons, and other information that assists us in improving our Services. We collect and combine this analytics information with analytics information from other users so that it cannot be used to identify any particular individual user. One of the analytics tools we use is Google Analytics. For more information and steps you can take to control Google's collection and use of your data, please visit Google's page, "How Google uses data when you use our partners' sites or apps ". Google also provides an opt-out plugin for web browsers, available here.

 

• Metadata. Metadata is usually technical data that is associated with other data, including User Content. For example, metadata can describe how, when and by whom an item of User Content was collected and how that User Content is formatted. ViaHive may collect and store metadata, including about each user’s public posts on the Services. 

 

• Log Data. Our servers automatically record information ("log data”) created by your use of the Services. Log Data may include information such as your Internet Protocol (“IP”) address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive log data when you interact with our Services, for example, when you visit our website, sign into our Services or interact with our email notifications. ViaHive uses log data to review how we provide our Services and to measure, customize, and improve the Services. 

 

How We Store Your Information

 

We currently provide the Services from within the United States, and we store all User Content, including Personal Data, that we currently collect and retain on servers inside the United States. 

 

Certain types of User Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, or other Personal Data about you or others. 

 

By using our Services, or by submitting your personal Information to us, you consent to the collection, storage, processing and onward transfer of your personal Information as stated in the current version of this Privacy Statement and the current version of our other online documents, including the Terms of Service.

 

How We Use Your Information

 

We share and use your Personal Data in the following circumstances:

 

• Opt-in with Your Consent. We may ask for your permission to share your Personal Data with other people and organizations outside of ViaHive, including to provide you with Services. As with any opt-in procedure, you are under no duty to agree to a request that you opt-in.

 

• Partners and Affiliates of ViaHive. We may share your Personal Data with Partners to provide the Services.

 

• Cookies. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features and remember your personalization choices. We use cookies to make it easier to access and use our Services. The help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of the Services’ essential features, we recommend that you leave them turned on. Cookies are also used to display particular Content and to set session identifiers for visitors who voluntarily join user areas. 

 

• Do Not Track. We make reasonable efforts to honor any “do not track” settings on users’ devices.

 

• Opt-out Email or Postal Address. If you supply us with your postal or email address you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not want to receive such mailings, please let us know by sending an email to us at the “opt-out” address, below. We will remove your name from the list we use internally. Opting-out of these emails does not mean we remove your email from our system entirely, because we still retain your email addresses for other purposes.

 

• Protection of Via-hive and Services. 

We release accounts and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms And Conditions and other agreements; or protect the rights, property, or safety of Via-hive, Via the hive llc. our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Other than as set out above, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.

 

• Required By Law: We may access, preserve and share your Personal Data in response to a legal request (like a search warrant, court order or subpoena). We may also access, preserve and share Personal Data when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

 

• Change of Control. If we transfer part or the whole of ViaHive or our assets to another organization (e.g., a merger, acquisition, or reorganization), your Personal Data such as user name and email address, User Content and any other information collected through the Services may be among the items transferred. You will continue to own your User Content, but the license you grant to us in the Terms may be transferred to others at ViaHive’s sole discretion.

 

• Non-Personal Data. We may share Non-Personal Data publicly and with publishers, researchers or connected sites. For example, we may share aggregated Non-Personal Data publicly to show trends about the general use of our Services. Non-Personal Data includes aggregated or collective information about multiple users that does not reflect or reference an individually-identifiable user.

 

• Other. In addition to some of the specific uses of information we describe in this Privacy Statement above, we may use Personal Data that we receive to:

• help you efficiently access your information after you sign in.

• remember information so you will not have to re-enter it during your visit or the next time you visit the Services.

• provide personalized Content and information to you and others, which, in the future, could include online ads or other forms of marketing.

• provide, improve, test, and monitor the effectiveness of our Services.

• develop and test new products and features.

• monitor metrics such as total number of visitors, traffic, and demographic patterns.

• diagnose or fix technology problems.

 

 

What Information Can I Access?

You can access your information, including your name, address, payment options, profile information,purchase history services orders, Payment transactions Ratings and reviews.  in the "My Account" section of the website.

Your Right to Review, Request Changes, and Disclose Personal Data 

 

Where required by applicable laws and regulations, each user may inspect and receive a copy of his or her Personal Data stored in the Services. In rare circumstances, we may deny a request, and we may provide you with an explanation. If we deny your request, you may request a review by another professional, who will be chosen by ViaHive, and we will comply with the outcome of the review.

 

Subject to applicable laws and regulations, the Personal Data you provide to us remains completely under your control. If you believe the Personal Data we have is incorrect or incomplete, you may in writing request an amendment to your Personal Data. We will approve or deny each request, and notify you of our decision. If approved, we will amend the Personal Data. We will also make a reasonable effort to notify people to whom the Personal Data was released. In the case of a denial, we will provide the reason for the denial and instructions on how to appeal.

 

Any information or User Content that you voluntarily disclose for use of the Services, such as your user name, your Personal Data or other User Content, may become available to the public if you release it to other users or to the general public. Once you have shared your Personal Data or your User Content with other people, or otherwise made it public, that Personal Data and your User Content may be re-shared by others.

 

Children

 

Our Services are not directed to persons under age 18 (“Young Persons”). If you are the parent or guardian of a Young Person, and you become aware that your Young Person has provided us with Personal Data or User Content, please contact us at [email protected] and we will delete the information or User Content.

Right to Request Access to or Deletion of Personal Information: 

You may have the right under the California Consumer Privacy Act to request information about the collection of your personal information by Via-hive, or access to or deletion of your personal information. If you wish to do any of these things, please visit here or contact Customer Service. Depending on your data choices, certain services may be limited or unavailable. If you do not have an account, or if you are an authorized agent under CCPA ”California Consumer Privacy Act”, 

 

• Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your Personal Data from our records; and

• Direct any service providers to delete your Personal Data from their records.

• Please note that we may not delete your Personal Data if it is necessary to:

• Complete the transaction for which the Personal Data was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

• Complete Pending jobs or any other open services or communications. 

• Debug to identify and repair errors that impair existing intended functionality;

• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

• Comply with the California Electronic Communications Privacy Act;

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

• Comply with an existing legal obligation; or

• Otherwise use your Personal Data, internally, in a lawful manner that is compatible with the context in which you provided the information.

Your Privacy Rights

 

This section supplements the information contained elsewhere in our Privacy Statement and applies to all visitors, users, and others (“consumers” or “you”). This notice of privacy rights has been adopted in order to comply with the California Consumer Privacy Act of 2018 (“CCPA”), and any terms defined in the CCPA have the same meaning when used in this notice. For further information about your rights under California’s privacy laws, please see California’s “Privacy Laws” website at https://oag.ca.gov/privacy/privacy-laws or any website that supplements or replaces it.  Any reference to privacy rights under California law in this Privacy Statement shall also apply to residents of other states in the event that other states adopt regulations similar to California’s extensive privacy rights regulations.

 

You have the right under the CCPA and other privacy and data protection laws, as applicable, to exercise these rights free of charge:

 

7.2.1 Disclosure of Personal Data We Collect About You

 

7.2.1.1 You have the right to know:

• The categories of Personal Data we have collected about you;

• The categories of sources from which the Personal Data is collected;

• Our business or commercial purpose for collecting 

• The categories of third parties with whom we share Personal Data, if any;

• The specific pieces of Personal Data we have collected about you.

 

Please note that we are not required to:

• Retain any Personal Data about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;

• Re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Data; or

• Provide the Personal Data to you more than twice in a 12-month period.

Your Privacy Rights Outside of the United States

 

All Personal Data and other data provided by users will be stored in the United States under United States law.  Accordingly, United States law will apply to all users.  All users consent to the application of the law of the United States in connection with the Services. Citizens and residents of countries other than the United States consent to the 

application of United States law by registering with us.

7.2.2 Your Right to Opt-Out  

 

If you are 16 years of age or older, you have the right to opt-out from the collection As we’ve stated in the sections titled “Children” and “How Old are You?”minors are not permitted to register to use our site; however, if you are the parent or guardian of a minor, please contact us as stated below to tell us that we may not use your Personal Data.

 

7.2.3 Rights of Minors

 

As stated in the sections titled “Children” and “How Old are You?”, minors are not permitted to register to use our site. However, if you are under the age of 18, and a registered user of any site where this Privacy Statement is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email or letter with a detailed description of the specific content or information to the addresses provided in the section below titled “How to Exercise Your Rights”. Please be aware that such a request does not ensure complete or comprehensive removal of the Content or information you have posted and that there may be circumstances in which the law does not require or allow removal, even if requested.

 

By submitting any Personal Data or other User Content to us, or placing any order with us, you consent to the storage, processing, use and onward transfer of your Personal Data and User Content to us in the United States.

 

 

 

 

California Consumer Privacy Act 

Different Locations, Different Laws disclosures required under the California Consumer Privacy Act.

This California Consumer Privacy Act disclosure page laws and regulations that address privacy rights and responsibilities (collectively, “Laws”)  ("Disclosure") supplements the Viahive Privacy Notice and is effective as of Jan, 25, 2022. The Viahive Privacy Notice describes the personal information that we collect, the sources from which we collect it, the purposes for which we use it, the limited circumstances under which we share personal information, and with whom we share it. These additional disclosures are required by the California Consumer Privacy Act:

Currently, ViaHive stores all Personal Data on servers and other machines physically located within the United States.

 

Protection Against Discrimination

1.1- Viahive will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.

1.2 - You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

1.3 - Deny goods or services to you;

1.4 - Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

1.5 - Provide a different level or quality of goods or services to you; or Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

1.6 - Please note that we may charge a different price or rate, or provide a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to you by your Personal Data.

 

 

Children’s Online Privacy Protection Act (“COPPA”)

 

Currently, COPPA ”Children's Online Privacy Protection Act” should not apply to the Services. Each user must be 18 years of age or older. As noted in this Privacy Statement, if we learn any user is under the age of 18, or if any parent or guardian requests we do so, we will delete all information provided by the individual from our Services.  Moreover, users of the Services are responsible and liable for compliance under COPPA and are prohibited from collecting, using, and/or disclosing personal information from and about children in connection with the use of the Services, or assisting any third party in doing so.   

 

 

 

Disclosure of Personal Data Used for a Business Purpose

 

In connection with any Personal Data we may disclose to a third party for a business purpose, you have the right to know, The categories of Personal Data about you that we Shared and the categories of third parties to whom the Personal Data was Shared, and The categories of Personal Data that we disclosed about you for a business purpose.

We have provided a table below with the type of information that you are entitled to receive upon request to us.

The personal information that Viahive disclosed to the third parties identified in the  “Does Viahive Share Your Personal Information?” section of the Viaive Privacy Notice about consumers for a business purpose in the twelve months prior to the effective date of this Disclosure fall into the following categories established by the California Consumer Privacy Act, depending on which viahive Service is used:

identifiers such as your name, address, phone numbers, or IP address,

personal information, such as a credit card number, for example if we use a third party payment processor;

your age, gender, or other protected classifications, for example if you choose to participate in a survey distributed by a survey provider;

commercial information, such as the details of a product or service you purchased if a third party service provider is assisting to provide that service to you.

internet or other electronic network activity information, such as if we use a service provider to help us gather crash reports for analyzing the health of our devices and services;

geolocation data, such as providing Our Clients with a tracking function to track the requested Service Provider in live time and view the vehicle on the mapp while the service request is open to insure safety

audio or visual information, for example if a service provider reviews recordings of customer service phone calls for quality assurance purposes

education information, for example coursework you may direct us to share professional information, 

 

Disclosure of Personal Data to Third Party for Direct Marketing

• If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Data by us to third parties for the third parties’ direct marketing purposes. To make such a request, see the section “How to Exercise Your Rights,” below.
  
  

• Pursuant to California Civil Code Section 1798.83(c)(2), we do not share users’ Personal Data with affiliate companies or others outside ViaHive for those parties’ direct marketing use, if a user has exercised an option that prevents that information from being disclosed to third parties for those purposes. However, when a Pro or a Customer requests that we share their Personal Data with another user in connection with providing the Service, then we do so.

Categories of Information We Collect

The CCPA “ ”California Consumer Privacy Act”,applies to “information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device,” which we refer to as Personal Data in this Privacy Policy. The following list details categories of Personal Data and indicates whether we collect this data, the commercial or business purpose behind the collection, and whether the Personal Data is shared with, or sold to, a third party.  Additionally, we can provide this information in connection with your own Personal Data upon request from you. 

The personal information that viahive collects, or has collected from consumers in the twelve months prior to the effective date of this Disclosure, fall into the following categories established by the California Consumer Privacy Act, depending on which viahive Service is used:

• identifiers such as your name, alias, address, phone numbers, or IP address;

• personal information, such as a credit card number;

• age, gender, or other protected classifications, 

• biometric information, to verify identity and background check

• geolocation data, such as the location of your device or computer;

• professional information, for example data you may provide about your business if you are a service provider “Independent contractor”

• inference data, such as information about your purchase preferences.

Why We Collect Your Personal Data

 

Why we need User’s personal data

 

Viahive on demand services marketplace it is build on 

• Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;

• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;

• Debugging to identify and repair errors that impair existing intended functionality;

• Short-term, transient use, provided the Personal Data that is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;

• Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider;

• Undertaking internal research for technological development and demonstration; and

• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

Parties With Whom We Share Your Personal Data
                      We routinely share Personal Data with:

• other users, as part of providing our Services;

• our affiliates, including companies within our group;

• service providers we use to help deliver our goods and services to you, such as payment service providers, warehouses and delivery companies;

• Data Protection, Or other third parties we use to help us run our business, such as marketing agencies or website hosts;

• third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;

• credit reporting agencies;

• our insurers and brokers; and

• our banks.

No sale of personal information. In the twelve months prior to the effective date of this Disclosure, Via hive has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.

Cookies Policy

Websites maintained by Via hive (collectively the "Site") use a number of different cookies. This Cookies Policy explains the following:

• What are cookies?

• Cookies we use and why we use them

• E.U. users' right to refuse cookies

WHAT ARE COOKIES?

Cookies are small files that are downloaded to your device when you visit a website. The cookie then sends information back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user's device. You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu.

Cookies perform many different functions, such as letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience.

COOKIES AND WHY WE USE THEM

Cookies can be categorized by who puts the cookie on the user's computer (or other device the user uses to browse the website).

First-party cookies are cookies placed by the party operating the website. For example, any cookies we (Via hive) place on your computer from our Site are first-party cookies.

Third-party cookies are cookies placed from a website by a party that does not own or operate that website.

We use only first-party cookies on our Site.

Cookies are also often categorized by function. We use four types of cookies by function on our Site:

1. Essential Cookies

These are cookies that are strictly necessary for the functioning of the website or for performing services that an individual user has requested. For example, we use a cookie that remembers that you are logged into the Site until you log out.

If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages)

2. Analytical Cookies

These cookies collect information about how visitors use a website — for instance, which pages visitors go to most often, and whether visitors get error messages from web pages. Analytical cookies don't collect information that identifies a visitor. All information that analytical cookies collect is aggregated and therefore anonymous. These cookies are used only to improve how a website functions.

We use cookies provided by third-party service providers, including Google Analytics, Optimizely, and New Relic, to help us analyze how users use the Site.

The Google Analytics cookies collect data tied to a user's IP address, such as the length of time a user spends on a page, the pages a user visits, and the websites a user visits before and after visiting the Site. You can object to the collection of your information by Google Analytics by clicking here. We place cookies provided by Optimizely to test whether changes we have made to the Site work properly.

Like the cookies provided by Google Analytics and Optimizely, the cookies provided by New Relic collect information about your visit to the Site, such as delays you might experience when using Site features. The New Relic cookies assign an identification number, called a "session ID", to your visit to our Site. Information collected about your visit is sent to New Relic and tied to the session ID. Each visit generates a new session ID, and session IDs between different visits are not linked to identify you. New Relic deletes the session ID at the end of your visit.

The cookies provided by each third-party service provider send the information they collect to that third-party service provider. For example, the cookies provided by Google Analytics send information about your Site interactions to Google Analytics. Each third-party service provider then compiles aggregated data using the information received and sends us reports on the aggregated data. These reports are not shared with other parties. We use the reports to offer better Site experiences and tools in the future.

Although these cookies provide information to the third-party service providers, they are first-party cookies because we place them ourselves.

3. Functional Cookies

These cookies allow the website to remember choices users make and to provide enhanced, personalized features. For example, we use cookies provided by Olark.com that allow you to continue chatting with customer support when navigating between pages.

4. Targeting/Advertising Cookies

Targeting/advertising cookies are cookies used to deliver advertisements relevant to the user. They remember that a user has visited a website and share this information with other organizations, such as advertising vendors.

Cookies in this category may include Remarketing Cookies. These are cookies that remember that you visited our Site after you leave. Sometimes they collect information about what pages of our Site you visited. They then share this information with our third-party vendors, such as AppNexus, Google, Nanigans, Facebook, and Twitter. Based on this information, the third-party vendors show you advertisements on third-party websites for Via hive products that we think may interest you based on what you viewed on our Site.

You may opt out of Google's use of cookies by visiting Google's Ads Settings here. You can also opt out of the use by other advertisers and third party service providers, such as AppNexus, of information from cookies placed by the Site by visiting the Network Advertising Initiative ("NAI") opt-out page. However, not all of our third-party vendors participate in the Network Advertising Initiative opt-out page. Some of these advertisers and/or service providers may also participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/ , and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.

Cookies can also be categorized by how long they remain on your device. There are two broad categories of duration:

1. Persistent cookies

Persistent cookies remain on your device until deleted manually or automatically.

2. Session cookies

Session cookies remain on your device until you close your browser when they are automatically deleted.

We use both session and persistent cookies on our Site.

Location of information processing:

The information collected by our cookies is processed in servers located in the United States.

E.U. USERS' RIGHT TO REFUSE COOKIES

Users in the European Union (E.U.) have the right to refuse to allow cookies to be placed on the device they use to access the Site. We describe below how E.U. users can reject cookies used by our Site.

Rejecting Cookies Through Browser Settings:

The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. For more information on using browser settings to reject cookies, please visit www.allaboutcookies.org.

You should note that rejecting cookies in your browser settings may mean that any preferences you set on this Site will be lost and that the Site may not work as well. In addition, using the browser settings to reject cookies may also cause your browser to reject cookies from all websites, not just this Site.

HAVE QUESTIONS?

If you have any questions about our Cookie Policy, we'll do our best to answer them. You can email us at [email protected].

COOKIE POLICY UPDATES

If we change our Cookie Policy, we will post those changes on this page and update the Cookie Policy modification date above. If we materially change this Cookie Policy in a way that affects how we use or disclose your personal information, we will notify you by prominently posting a notice of such changes before making them and by stating the effective date of the changes.

Last updated: May 01, 2024.

 

 

Why Do We Use Cookies?

cookie-consent-js

A dialog and framework to handle the EU law (as written by EuGH, 1.10.2019 – C-673/17) about cookies in a website.

• Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features and remember your personalization choices. We use cookies pixels, and other technologies (collectively, "cookies") to recognize your browser or device, learn more about your interests, and provide you with essential features and services and for additional purposes, to make it easier to access and use our Services. The help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of the Services’ essential features, we recommend that you leave them turned on. Cookies are also used to display particular Content and to set session identifiers for visitors who voluntarily join user areas. 

• Recognizing you when you sign-in to use our services. This allows us to provide you with service recommendations, display personalized content, recognize your Profile and learn your use. for better user experience and provide other customized features and services.

• Keeping track of your specific preferences. This allows us to honor your preferences, such as whether or not you would like to see interest-based ads. You may set your preferences through Your Account.

• Keeping track of your requests or saving progress of use.

• Conducting research and diagnostics to improve viahive content, services.

• Preventing fraudulent activity.

• Improving security.

• Delivering content, including ads, relevant to your interests on via-hive and third-party services profiles or systems.

• Reporting. This allows us to measure and analyze the performance of our services.

Viahive cookies allow you to take advantage of some of Viahive essential features. For instance, if you block or otherwise reject our cookies, you will not be able to book a service or proceed to Checkout, or use any Viahive Services that require you to sign in.

Approved third parties may also set cookies when you interact with Viahive services. Third parties include search engines, providers of measurement and analytics services, social media networks, and advertising companies. Third parties use cookies in the process of delivering content, including ads relevant to your interests, to measure the effectiveness of their ads, and to perform services on behalf of Viahive.

You can manage browser cookies through your browser settings. The 'Help' feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to block cookies, and when cookies will expire. If you block all cookies on your browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some features and services may not work.

See our Privacy Notice for more information about the types of information we gather.

 

 

 

 

What About Advertising?

• Third-Party Advertisers and Links to Other Websites: Viahive Services may include third-party advertising and links to other websites and apps. Third-party advertising partners may collect information about you when you interact with their content, advertising, and services. Examples: Facebook Ads, Google Ads, Bing Ads, third -Party Marketing companies

• Use of Third-Party Advertising Services: We provide ad companies with information that allows them to serve you with more useful and relevant Viahive ads and to measure their effectiveness. We never share your name or other information that directly identifies you when we do this. Instead, we use an advertising identifier like a cookie or other device identifier. For example, if you have already downloaded one of our apps, we will share your advertising identifier and data about that event so that you will not be served an ad to download the app again. Some ad companies also use this information to serve you relevant ads from other advertisers.

Please note that you may only make a data access or data portability disclosure request twice within a 12-month period.

 

Verifying Your Identity

 

If you choose to contact us directly, you will need to provide us with:

 

• Enough information to identify you (e.g., your full name, address and customer or matter reference number);

• Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and

• A description of what right you want to exercise and the information to which your request relates.

 

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

 

Any Personal Data we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

 

Changes to this Privacy Statement

 

We may modify our Privacy Statement from time to time. A new or revised Privacy Statement will be effective sooner by sending you written notice at the email address we have for you or posting it on the Services. If you choose not to be subject to a revised version of this Privacy Statement, then you may terminate your use of our Services. 

 

 

 

Use of Email Addresses and Other Contact Information

 

We collect the email addresses of those who voluntarily provide them to us. You may receive subscription, editorial and other messages from the Services or from us. If you do not want to receive email from us in the future, please let us know at [email protected].  

 

Contact Us

 

If you have questions or concerns about this Privacy Statement, please contact us online at [email protected] or by postal mail addressed to:

 

Attn: Privacy, Via the hive Llc, 123 SE 3rd Ave #496, Miami, Florida 33131, USA. 

What's the cancellation policy?

The Viahive platform is made to be flexible, but we have some rules.
Our policies are designed to promote a reliable, consistent experience for customers and service providers alike.

While we know schedules can change quickly, rescheduling or skipping a booking with short notice causes professionals to lose valuable work. Therefore, fees apply when bookings are canceled or rescheduled by the customer of your booking's start time.

 

 

 

 

Revision Date and History

Trust and safety are our commitment to you

We pride ourselves on a platform built on trust and work hard to keep homes safe.

Our Satisfied Customers

Nationwide and millions of bookings completed 

Professionals have completed over millions of bookings through the viahive platform across the US,  and With numbers that large, the safety and security of our customers is extremely important to us. The average Professional using the viahive  platform is rated 4.5 out of 5 stars.

 

We've got you covered

Your happiness is our goal. If you’re not happy with a booking made and paid for on the viahive Platform, we’ll work to make it right, and in the rare event of damage, viahive got your back. That’s why we created this amazing platform.