Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Haive ("Company," "we," "us," or "our") regarding your use of the Haive website at haive.app and our mobile application (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting a notice on our website or sending you an email. Continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

1.1 Company Information

2. Eligibility

You must meet the minimum age requirement for your jurisdiction to use our Services:

• United States: 13 years old
• European Economic Area (EEA) and UK: 16 years old
• Switzerland: 13 years old
• Other jurisdictions: The age of digital consent in your location

By using the Services, you represent and warrant that you meet the applicable age requirement for your jurisdiction.

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Description of Services

Haive is a location-based social discovery platform that helps you discover events, places, and people in your neighborhood. Our Services include:

• Discovering local events and activities
• Connecting with people nearby
• Sharing and discovering local recommendations
• Receiving notifications about community happenings
• Creating and managing your profile

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

4. User Accounts

4.1 Account Creation

To access certain features of the Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms. You may delete your account at any time through the app settings.

5. User Content

5.1 Your Content

You retain ownership of any content you post, upload, or share through the Services ("User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your User Content in connection with providing the Services.

5.2 Content Standards

You agree not to post User Content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
• Contains hate speech, discrimination, or promotes violence
• Is sexually explicit or pornographic
• Infringes on intellectual property rights of others
• Contains spam, advertising, or commercial solicitation
• Contains malware, viruses, or harmful code
• Impersonates any person or entity
• Violates any applicable law or regulation

5.3 Content Moderation

We reserve the right (but have no obligation) to review, monitor, and remove User Content that violates these Terms or is otherwise objectionable. We are not responsible for User Content posted by users.

6. Prohibited Conduct

You agree not to:

• Use the Services for any illegal purpose
• Harass, abuse, or harm other users
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to the Services
• Use automated systems (bots, scrapers) to access the Services
• Reverse engineer or attempt to extract source code
• Collect user information without consent
• Create multiple accounts to evade bans or restrictions
• Sell, transfer, or assign your account

7. Business Profiles and Claims

7.1 Profile Ownership Verification

When claiming a business profile on Haive, you represent and warrant that you are the legitimate owner or authorized representative of the business. You must provide accurate information and may be required to verify your identity and business ownership.

7.2 Wrongful Claims and Consequences

You acknowledge and agree that any profile wrongfully claimed will be immediately revoked and rolled back to its original state, without any compensation or recourse. If we determine, in our sole discretion, that you have claimed a business profile through false pretenses, misrepresentation, or without proper authorization, we reserve the right to:

• Immediately and permanently revoke your access to the claimed profile
• Restore the profile to its previous state or transfer it to the legitimate owner
• Retain any and all consideration provided in connection with the claim
• Suspend or permanently terminate your account without notice
• Ban you from creating new accounts or accessing the Services
• Pursue legal action for fraud, misrepresentation, or any applicable violations of law
• Report fraudulent activity to appropriate authorities

7.3 No Refunds or Compensation

Under no circumstances will Haive provide refunds, credits, or any form of compensation for profiles that are rolled back due to wrongful claims. You expressly waive any right to claim damages, losses, refunds, or other compensation related to:

• The rollback or removal of a wrongfully claimed profile
• Loss of access to profile features or functionality
• Any content, data, or modifications made to the wrongfully claimed profile
• Business interruption or lost opportunities
• Reputational harm or other consequential damages

7.4 Ongoing Verification Rights

We reserve the right to request verification of business ownership or authorization at any time, even after a profile has been claimed. Failure to provide satisfactory verification within the timeframe we specify may result in immediate suspension or revocation of the claimed profile. You agree to maintain accurate and current documentation proving your authority to represent the business.

8. Intellectual Property

8.1 Our Intellectual Property

The Services, including all content, features, functionality, trademarks, logos, and design elements (excluding User Content), are owned by Haive and are protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, subject to these Terms.

9. Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Services, you consent to our collection and use of your information as described in the Privacy Policy.

10. Location Data

Our Services rely on location data to provide location-based features. By using the Services, you consent to our collection and use of your approximate location data as described in our Privacy Policy.

You can control location permissions through your device settings. Disabling location services may limit functionality of the Services.

11. Disclaimers

11.1 As-Is Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 No Guarantee

We do not guarantee that:

• The Services will be uninterrupted, secure, or error-free
• The results or information obtained will be accurate or reliable
• Defects will be corrected
• The Services will meet your requirements

11.3 Third-Party Content

We are not responsible for User Content, third-party websites, or events and activities discovered through the Services. Your interactions with other users are solely between you and them.

11.4 Consumer Rights (EU/EEA/UK/Switzerland)

Important: If you are a consumer in the European Union, European Economic Area, United Kingdom, or Switzerland, nothing in these Terms affects your mandatory statutory rights under applicable consumer protection laws. The limitations and exclusions in these Terms apply only to the extent permitted by the laws of your jurisdiction.

12. Limitation of Liability

12.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED $100 USD100 EUR100 EUR100 EUR100 EUR OR THE AMOUNT YOU PAID TO US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

12.2 Exceptions for EU/EEA/UK/Switzerland Consumers

Important for EU/EEA/UK/Switzerland Consumers: The limitations of liability in Section 12.1 do not apply to:

• Liability for death or personal injury caused by our negligence
• Liability for fraud or fraudulent misrepresentation
• Liability for gross negligence or willful misconduct
• Any other liability that cannot be excluded or limited under applicable consumer protection laws

Nothing in these Terms excludes or limits our liability for matters that cannot be excluded or limited under the laws of the European Union, European Economic Area, United Kingdom, Switzerland, or your country of residence.

13. Indemnification

You agree to indemnify, defend, and hold harmless Haive, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another person or entity

14. Dispute Resolution

14.1 Governing Law

Default Governing Law: These Terms of Service shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law principles.

EU/EEA/UK Consumers: If you are a consumer resident in the European Union, European Economic Area, or United Kingdom, you benefit from mandatory consumer protection provisions under the laws of your country of residence. Where the laws of your jurisdiction provide greater protection than Swiss law, those laws shall apply. Nothing in these Terms affects your mandatory statutory rights.

Swiss Consumers: If you are a consumer resident in Switzerland, you benefit from all mandatory Swiss consumer protection provisions (Swiss Code of Obligations, Swiss Unfair Competition Act). Nothing in these Terms affects those rights.

US Consumers: If you are a resident of the United States, mandatory state and federal consumer protection laws apply to the extent they cannot be waived.

14.2 Jurisdiction and Venue

Default Jurisdiction: Subject to the consumer rights provisions below, any disputes arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of the Canton of Zug, Switzerland.

EU/EEA/UK Consumers: You have the right to bring legal proceedings in either (a) the courts of your country of residence, or (b) the courts of Switzerland where Haive is established. Haive may only bring proceedings against you in the courts of your country of residence.

Swiss Consumers: You have the right to bring proceedings in either (a) the courts of your place of residence in Switzerland, or (b) the courts of the Canton of Zug where Haive is registered.

US Users: See Section 14.3 regarding arbitration. You retain the right to bring proceedings in small claims court in your jurisdiction.

14.3 Arbitration (United States Users Only)

This section applies only to users in the United States. Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that either party may bring a claim in small claims court if it qualifies.

Opt-Out Right: You have the right to opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to legal@haive.app with your name, email address, and a clear statement that you wish to opt out of arbitration.

14.4 Class Action Waiver (United States Users Only)

This section applies only to users in the United States. You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the fullest extent permitted by law, you waive any right to pursue disputes on a class-wide basis.

14.5 EU/EEA/UK/Switzerland Dispute Resolution

For EU/EEA/UK/Switzerland Consumers: The arbitration and class action waiver provisions in Sections 14.2 and 14.3 do NOT apply to you. As a consumer in the EU/EEA/UK/Switzerland, you have the right to:

• Bring legal proceedings in the courts of your country of residence
• Participate in class actions or collective proceedings where permitted by law
• Access alternative dispute resolution mechanisms, including Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr (for EU consumers)

14.6 Informal Resolution

Before initiating any formal dispute resolution process, we encourage you to contact us at legal@haive.app to seek an informal resolution. We are committed to resolving disputes in good faith.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Haive regarding the Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. If a provision is found unenforceable for EU/EEA/UK/Switzerland consumers, it will be modified to the minimum extent necessary to make it enforceable while preserving its intent, or removed if modification is not possible.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, provided that we notify you of any assignment that materially affects your rights.

15.5 Language

These Terms are drafted in English. If we provide a translation for your convenience, the English version will prevail in case of any conflict. However, for EU/EEA/UK/Switzerland consumers, if there is a conflict between the English version and a translation in your language, the version most favorable to you will apply.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemic, government actions, natural disasters, or network failures.

16. Contact Information

If you have any questions about these Terms, please contact us at: