End User Terms of Service of Rehive

As used in these terms and conditions (the “End User Terms of Service”), “we”, “us”, and “Rehive” means Rehive Inc., a Delaware corporation.

Rehive offers various products and services to help businesses create finance applications for their users (“you”, “your”, and “End User”), such as for savings, payments, lending, investing, insurance, or trading. Any such applications that are made available to you by a third party (the “Provider”) are referred to in these End User Terms of Service as the “Services.” Any new features or tools which are added to the current Services shall be also subject to the End User Terms of Service.

As a condition to using the Services, you must read, agree with, and accept all of the terms and conditions contained or expressly referenced in these End User Terms of Service, including Rehive’s Privacy Policy, which is available at https://www.iubenda.com/privacy-policy/83456137. By creating an account on any Service (an “End User Account”), you are agreeing to these terms.

Please carefully review the End User Terms of Service, including any document referred to in these End User Terms of Service, for the complete picture of your legal requirements. You can access the current version of the End User Terms of Service at any time at https://www.rehive.com/end-user-terms. Rehive reserves the right to update and change the End User Terms of Service by posting updates and changes on the Rehive website. You are advised to check the End User Terms of Service from time to time for any updates or changes that may impact you and if you do not agree to these, you must immediately cease using the Rehive Applications.

Eligibility and Restrictions on Use

By using the Services, you are representing that you are at least 18 years old and that you are authorized by the Provider to use the Services and to create an End User Account.

You are responsible for using the Services in a private and secure manner. We are not liable for any damage or loss due to unauthorized access to your End User Account.

We may prohibit or suspend any End User from using the Services in our sole discretion at any time for any reason, and we are not liable for any damage or loss resulting from such prohibition or suspension.

We may modify, suspend, or discontinue any Service for any reason, without notice.

Any breach or violation of any term in the End User Terms of Service, including the Privacy Policy, or any threatened breach or violation thereof, may result in an immediate termination of your End User Account, as determined in Rehive’s sole discretion.

License

You may only use the Services as expressly permitted by these End User Terms of Service. Provided that you are eligible to access and use the Services and subject to these End User Terms of Service and the terms of the agreement between Rehive and the Provider, Rehive hereby grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Services. Except for the foregoing license, you have no other rights to the Services. Any breach or violation of any term in the End User Terms of Service, including the Privacy Policy, will automatically result in the termination of the license described herein.

Prohibited Activities

You agree that you will not:

  1. Copy, modify, edit, distribute, reproduce, publish, display, perform, reverse engineer, alter, enhance, create derivative works of, provide access to or in any way exploit the Services in any manner;
  2. Trade, sell, rent, loan, lease, or license access to the Services, whether commercially or free of charge;
  3. Use or introduce to the Services any data mining, crawling, “scraping”, robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor, or copy any portion of the Services;
  4. Introduce a virus, Trojan horse, worm, time bomb or other malware to the Services, or use any device, software, or routine to bypass any software or hardware that prohibits volume requests for information;
  5. Violate, bypass, or circumvent any security measure intended to limit or prevent access to the Services; or otherwise attempt to gain unauthorized access to the Services or to any computer systems or networks connected to the Service, whether through hacking, password mining, unauthorized use of another’s password/credentials or any other means;
  6. Restrict, inhibit, or interfere with use of the Services by any other end user (including by hacking or defacing the Services);
  7. Introduce or otherwise distribute any computer program that damages, interferes with, intercepts, collects, releases, or discloses any system, data, or personal information of ours or of any third party;
  8. Make use of any of our trademarks, service marks, trade names, or logos or those of any third party displayed on the Services; or
  9. Use the Services for or in connection with any activity that (i) violates any law, statute, ordinance or regulation, including without limitation, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), or (ii) involves proceeds of any unlawful or illegal activity.

Ownership and Intellectual Property

You acknowledge that, except as provided herein, the Provider owns the copyright in and to all data or information accessed, received, or distributed through the Services (the “Content”) under the laws of the United States and other countries.

“Rehive” and all related logos, trademarks, service marks and trade names are solely the property of Rehive and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Rehive or the Provider and may not be copied, imitated or used, in whole or in part. The absence of a name, logo, or other mark herein does not constitute a waiver of any and all intellectual property rights that Rehive may have.

All other trademarks, registered trademarks, product names, company names, or logos mentioned in the Services are the property of their respective owners or the Provider. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Rehive.

Nothing contained in these End User Terms of Service grants you any interest in any intellectual property of Rehive, the Provider, or a third party.

The use or misuse of Rehive’s trademarks or other intellectual property, except as expressly permitted by these End User Terms of Service, is prohibited. You shall promptly notify Rehive Support if you know or suspect that any of Rehive’s intellectual property rights have been violated or infringed.

Disclaimers and Limitation of Liability

You agree and acknowledge that the Provider, and not Rehive, is responsible for:

  1. the management and security of any of your funds that may be accessed through the Services;
  2. technical support and requests made with respect to the Services or your End User Account; and
  3. the accuracy or completeness of any Content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REHIVE EXPRESSLY DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE END USER ACCOUNT, OUR SERVERS, AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL REHIVE (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE SERVICES WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF REHIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL REHIVE (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN EXCESS OF $100.00. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE END USER TERMS OF SERVICE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE END USER TERMS OF SERVICE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE END USER TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

General

Should any provision of these End User Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.

Any delay or failure of Rehive to enforce or exercise a right provided in these End User Terms of Service is not a waiver of that right.

The End User Terms of Service, including the Privacy Policy, constitute the entire agreement between you and Rehive and supersedes any and all previous agreements, written or oral, between you and Rehive, including any previous versions of the End User Terms of Service.

These End User Terms of Service shall be governed by and construed in accordance with U.S. federal law and the laws of the state of Delaware, without giving effect to principles of conflicts of law.

Except as otherwise required by a non-waivable provision of applicable law, any dispute, claim or controversy arising out of or relating to the End User Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, United States before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in San Francisco County, California, or if such proceeding cannot be lawfully held in such location, as near thereto as applicable law permits.

Last updated: January 26, 2021