Terms and Conditions for Hivo app

Last updated: February 10th, 2025

These Terms and Conditions ("Terms") are entered into between you and Hivo Inc. and its affiliates (collectively, "Hivo") and apply to the Hivo website, currently www.hivoapp.com, including but not limited to related domains and subdomains ("Website"), the Hivo application ("App") and all related Hivo services provided to you through such Website and/or App (collectively, the "Platform").

BY CLICKING "I AGREE" OR SIMILAR CONFIRMATION, BY CREATING AN ACCOUNT ON THE PLATFORM OR BY USING THE PLATFORM YOU ARE AGREEING TO BE BOUND BY THE TERMS.

IF YOU ARE USING THE PLATFORM ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THE TERMS AND ARE AGREEING TO THE TERMS FOR THAT ORGANIZATION. WHERE YOU ARE USING THE PLATFORM ON BEHALF OF AN ORGANIZATION, "YOU" AND "YOUR" REFER TO THE ORGANIZATION.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT CAREFULLY.

1. PLATFORM DESCRIPTION

The Platform seeks to connect owners and operators of workspaces ("Hosts") with users seeking to book such workspaces ("Workstations") for remote working purposes including but not limited to solo work, meetings and events ("Guests", togethers with Hosts, the "Users").

The Platform consists of: (a) a Website containing general information about Hivo's services; and (b) the App, wherein Hosts and Guests can create accounts (each, an "Account") to facilitate bookings of the Workstations.

2. TERM, SUBSCRIPTION AND ACCESS TO THE PLATFORM

2.1 Term. Unless otherwise specified in writing by Hivo, these Terms are effective on the earliest of: (a) in the case of access to the Website, the date you first access the Website on which these Terms are placed; and/or (b) in connection with the App, the date you first use the App and/or create an Account and accept the Terms, (in each case, an "Effective Date") and continues until terminated according to the Terms (the "Term").

2.2 Age of Access. You must be at least the age of majority in your jurisdiction in order to access and use the Platform and you represent and warrant that you have the right and authority to enter into and comply with the Terms.

2.2 Subscription. Hivo hereby grants you a non-exclusive, non-transferrable and revocable subscription to access and use the Platform through a web browser or applicable application platform, subject to your compliance with the Terms.

3. GUEST PAYMENTS AND FEES

3.1 Fees. Hivo charges Guests fees for its Platform services ("Fees"), as described on the Hivo App and Website or as presented to a Guest via other means such as by email ("Fee Schedule"). By agreeing to these Terms you hereby accept such Fees as described in the Fee Schedule. Fees exclude applicable taxes, which Hivo may charge as required by the laws of a User's jurisdiction. Hivo may adjust the Fees and update the Fee Schedule accordingly in its sole discretion, such adjusted Fees effective immediately upon change.

4. USE OF THE PLATFORM

4.1 Authorized Use. During your use of the Platform, you may not:

• create multiple and/or duplicate Accounts;
• knowingly provide false or inaccurate information to Hivo;
• alter, change or circumvent security related aspects of the Platform;
• use any automated system (bot, spider, etc.) to access the Platform;
• reproduce, rearrange, modify, change, alter, translate, create derivative works from, display, perform, publish, or distribute the Platform;

5. PROPRIETARY RIGHTS

5.1 Hivo Ownership and Rights. Hivo retains all right, title and interest in the Platform, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade names and trade secrets. The Terms do not convey any right, title or interest in, or constitute the sale of any right to the Platform or any software used in connection with the Platform.

6. CONFIDENTIALITY AND SECURITY

6.1 Confidential Information. You, as a Host or Guest, may receive and/or encounter (each, a "Recipient" for the purposes of this Section 6) confidential information not known or available outside of the other party (the "Discloser").

7. PLATFORM UPDATES, DISCLAIMER, ASSUMPTION OF RISK AND LIMITATION OF LIABILITY

7.1 Platform Updates. Hivo, in its sole discretion, may provide patches, updates and/or upgrades to the Platform. Hivo may also: (a) update the Platform remotely without notifying you; (b) modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Platform.

8. INDEMNIFICATION

You shall defend and indemnify Hivo and its Representatives against any claim, demand, suit or proceeding made or brought against Hivo and its Representatives in connection with your use of the Platform.

9. DISPUTE RESOLUTION

9.1 Disputes between Hosts and Guests. Hivo will not be a party to any legal disputes between Hosts and Guests, including in respect to any administrative hearings and court cases.

10. COPYRIGHT COMPLAINTS

If you believe your intellectual property rights have been infringed via your use of the Platform or a third party's use of the Platform, please send Hivo notice at support@hivoapp.com.

11. GENERAL

11.1 Privacy Policy and Privacy Law Compliance. Your use of the Platform is governed by a Privacy Policy ("Privacy Policy") detailing how Hivo collects, uses and discloses personal information about you, and is available at https://www.hivoapp.com/privacy-policy.

Last updated: February 10th, 2025