Terms of use

1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of the website, platform, and related services (collectively, the “Services”) provided by Hive Interactive Corporation (“Hive,” “we,” “our,” or “us”), a Delaware corporation with its registered address at 108 West 13th Street, Wilmington, 19801, Delaware, United States.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Services. By using Hive, you represent and warrant that you meet these requirements.

3. Nature of the Platform

Hive provides a technology platform that enables creators to manage crowdfunding campaigns, pledges, fulfillment, communications, and related operational processes.

Hive:

• Is not a bank or financial institution;
• Does not provide investment advice or tax advice;
• Is not a party to agreements between creators and backers;
• Does not guarantee project completion or reward fulfillment.

Any agreement formed when a backer supports a project is solely between the creator and the backer.

Hive does not assume custody of funds except as technically necessary to facilitate payment processing and remittance. Funds are processed and held by third-party payment providers subject to their respective terms and regulatory obligations.

4. Accounts

Users are responsible for maintaining the confidentiality of their account credentials and for all activity occurring under their account.

Hive reserves the right to suspend or terminate accounts that violate these Terms or applicable laws.

5. Payments and Remittances

5.1 Payment Processing

Payments are processed by third-party providers such as Stripe and PayPal. Hive does not store full payment card information.

5.2 Remittance to Creators

Hive may remit funds raised by creators through PayPal or bank wire transfer, subject to:

• Verification requirements;
• Fraud and risk review;
• Regulatory compliance;
• Payment processor terms.

In certain cases, Hive may transfer funds from a payment processor to a third-party financial institution for the sole purpose of facilitating remittance to a creator’s designated bank account. Such transfers are operational in nature and do not constitute deposit-taking, custodial banking, or fiduciary services.

Funds are not held in trust for interest-bearing purposes, and Hive does not pay interest on any amounts processed.

5.3 Withholding and Delays

Hive reserves the right to delay, withhold, or suspend remittances where reasonably necessary to:

• Comply with applicable laws or regulations;
• Investigate suspected fraud or misconduct;
• Respond to chargebacks or disputes;
• Mitigate financial or legal risk.

5.4 Custody of Funds

Funds pledged by backers are processed and initially held by third-party payment processors. Hive does not operate as a bank or financial institution and does not hold customer deposits in a fiduciary capacity.

To the extent Hive temporarily receives funds for operational purposes, such funds are not segregated trust accounts and may be commingled with operating funds, except where otherwise required by law.

Funds may be held for a reasonable period necessary to complete payment processing, fraud review, chargeback resolution, regulatory compliance, or remittance procedures.

Hive does not pay interest on funds held.

6. Tax Reporting

Creators are solely responsible for determining and fulfilling their tax obligations.

Hive may collect tax identification numbers (e.g., EIN, VAT ID) and may report earnings to tax authorities where required by law, including issuance of forms such as 1099-K.

Hive does not provide tax advice.

7. Creator Responsibilities

Creators are solely responsible for:

• The accuracy of project descriptions;
• Reward fulfillment;
• Compliance with laws and regulations;
• Proper handling of backer data;
• Compliance with applicable data protection laws.

7.1 Creator-Integrated Tracking Technologies

If a creator integrates third-party tracking tools (e.g., Meta Pixel), the creator acts as an independent data controller and is solely responsible for compliance, disclosures, and consent requirements.

7.2 Backer Data Retention and Deletion

Creators acknowledge that personal data of backers is provided solely for purposes of fulfilling rewards, managing project communications, and complying with applicable legal obligations.

Creators agree to:

• Use backer personal data only for legitimate project-related purposes;
• Implement appropriate safeguards to protect such data;
• Not sell, rent, or otherwise misuse backer personal data;
• Delete or anonymize backer personal data once it is no longer necessary for fulfillment and legal compliance.

Creators remain independently responsible for compliance with all applicable data protection laws.

8. Backer Acknowledgment

Backers acknowledge that supporting a project does not constitute a purchase of an existing product, but rather support of a project in development.

Hive does not guarantee delivery, timelines, or outcomes.

9. Prohibited Conduct

Users may not:

• Violate applicable laws;
• Engage in fraudulent or deceptive practices;
• Interfere with platform security;
• Upload malicious code;
• Misuse personal information of other users;
• Attempt unauthorized access to systems or data.

10. Intellectual Property

Users retain ownership of content they submit. By submitting content, users grant Hive a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute such content for purposes of operating and promoting the Services.

11. Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Hive shall not be liable for any indirect, incidental, consequential, or punitive damages.

Hive’s total liability for direct damages shall not exceed the greater of:

• USD $100; or
• The total fees paid to Hive by the claimant in the twelve (12) months preceding the event giving rise to liability.

13. Indemnification

You agree to indemnify and hold harmless Hive from any claims, damages, liabilities, and expenses arising from your use of the Services, violation of these Terms, or violation of applicable laws.

14. Dispute Resolution and Arbitration (U.S. Users)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration shall be conducted by a single arbitrator in the State of Delaware, unless the parties agree otherwise. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

14.1 Waiver of Jury Trial

You and Hive waive the right to a trial by jury for any dispute covered by this Section.

14.2 Waiver of Class Actions

All claims must be brought in an individual capacity. You agree not to participate in any class action, consolidated action, or representative proceeding against Hive.

14.3 Small Claims Exception

Either party may bring an individual claim in small claims court if the claim qualifies.

14.4 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to info@hiveinteractive.net within thirty (30) days of first accepting these Terms.

14.5 Applicability

This arbitration provision applies to U.S. users. If you reside in the European Union or another jurisdiction that restricts mandatory arbitration, this Section shall apply only to the extent permitted by applicable law.

15. Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

16. Modifications

Hive may update these Terms from time to time. Continued use of the Services after updates constitutes acceptance of the revised Terms.

17. Data Processing Addendum

To the extent Hive processes personal data on behalf of a creator subject to applicable data protection laws, the Hive Data Processing Addendum (“DPA”) is incorporated into and forms part of these Terms.

By using the Services as a creator, you agree to the DPA. In the event of a conflict between the DPA and these Terms with respect to data protection matters, the DPA shall prevail.

18. Survival

The provisions relating to intellectual property, limitation of liability, indemnification, dispute resolution, compliance obligations, and any other provisions which by their nature should survive termination shall survive termination of these Terms.

19. Compliance with Sanctions and Anti-Money Laundering Laws

Hive complies with applicable anti-money laundering (AML), counter-terrorism financing, and economic sanctions laws.

Hive may screen users and transactions against applicable sanctions lists and reserves the right to suspend accounts, block transactions, or withhold funds where reasonably necessary to comply with legal obligations.

Users represent and warrant that they are not subject to sanctions or located in restricted jurisdictions.