Terms of Service

By creating an account, accessing, or using HIVE's platform and services (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), along with our Privacy Policy and Cookie Policy.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or prominent notice on the platform. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

These Terms are governed by New Zealand law and subject to the exclusive jurisdiction of New Zealand courts.

HIVE is a subscription-based Software as a Service (SaaS) platform designed for creative professionals, offering the following features:

• Professional Portfolios: Create and showcase your creative work with customizable portfolio pages
• Booking System: Enable clients to book your services with integrated scheduling and payment processing
• RPG Progression System: Gamified experience system where users earn XP, level up, and unlock achievements through platform activity
• Trading Card System: Collectible digital trading cards featuring creative professionals, with rarity tiers and trading functionality
• Token Economy: Platform currency (Honey Tokens) that can be earned through activities and used for premium features, boosts, and card packs
• Messaging System: Direct communication between creators and clients
• Analytics Dashboard: Track portfolio views, bookings, and engagement metrics

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of significant changes.

3.1 Account Creation

To use HIVE, you must create an account by providing accurate, complete, and current information. You must be at least 18 years old to create an account.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities conducted through your account

3.3 Account Types

HIVE offers different account types with varying features and capabilities. You agree to use the Service only in accordance with the features and limitations of your selected subscription tier.

3.4 Professional Conduct

Users representing themselves as creative professionals must:

• Accurately represent their skills, experience, and credentials
• Fulfill bookings and commitments made through the platform
• Maintain professional communication with clients
• Comply with all applicable professional standards and regulations

4.1 Subscription Fees

HIVE offers the following subscription tiers (prices in NZD):

All fees are exclusive of GST (Goods and Services Tax) unless otherwise stated. GST will be added to invoices as required by New Zealand law.

4.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Payments are processed automatically using your designated payment method
• You authorize us to charge your payment method for all fees owed
• Failed payments may result in service suspension or termination

4.3 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds at our sole discretion in cases of:

• Service outages exceeding our service level agreement
• Billing errors or duplicate charges
• Cancellation within 7 days of initial subscription (first-time customers only)

4.4 Booking Transactions

For services booked through HIVE:

• HIVE acts as a payment processor and facilitator
• Platform fees may apply to booking transactions
• Refund and cancellation policies are set by individual service providers
• Disputes between providers and clients should be resolved directly; HIVE is not responsible for service delivery

4.5 Honey Tokens

Honey Tokens are HIVE's virtual currency:

• Tokens can be earned through platform activities or purchased
• Tokens have no real-world monetary value and cannot be redeemed for cash
• Tokens are non-transferable outside the platform
• We reserve the right to adjust token values, earning rates, and pricing at any time
• Unused tokens may expire if your account is terminated

5.1 Your Content

You retain all ownership rights to the content you upload to HIVE, including portfolio images, descriptions, and communications ("User Content"). By uploading User Content, you grant HIVE a worldwide, non-exclusive, royalty-free license to:

• Store, display, and distribute your content on the platform
• Use your content in marketing materials (with your permission)
• Create derivative works necessary for platform operation (e.g., thumbnails, format conversions)
• Back up and cache your content for performance and reliability

5.2 Content Representations

You represent and warrant that:

• You own or have the necessary rights to all User Content
• Your content does not infringe on any third-party intellectual property rights
• You have obtained all necessary permissions, releases, and consents for uploaded content
• Your content complies with all applicable laws and regulations

5.3 HIVE's Intellectual Property

All aspects of the HIVE platform, including but not limited to:

• Software, code, and algorithms
• Design, graphics, and user interface
• HIVE branding, logos, and trademarks
• Trading card designs and artwork
• Documentation and support materials

are the exclusive property of HIVE and protected by New Zealand and international intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our express written permission.

5.4 Trading Cards

Trading cards created on HIVE featuring your professional profile:

• Use your profile information and images under the license you've granted
• Card designs, templates, and mechanics are owned by HIVE
• You may not create, sell, or distribute cards outside the HIVE platform
• You can request removal of your cards by terminating your account

You agree not to engage in any of the following prohibited activities:

6.1 Illegal or Harmful Activities

• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Posting defamatory, obscene, or offensive content
• Harassing, threatening, or abusing other users
• Impersonating others or providing false information

6.2 Platform Abuse

• Attempting to gain unauthorized access to the Service or other users' accounts
• Interfering with the proper operation of the platform
• Introducing malware, viruses, or harmful code
• Scraping, crawling, or automated data collection without permission
• Overloading or attempting to disrupt servers or networks

6.3 Gaming and Exploitation

• Exploiting bugs, glitches, or vulnerabilities for personal gain
• Creating multiple accounts to abuse free trials or promotions
• Manipulating the RPG system, token economy, or trading card mechanics
• Engaging in fraudulent booking or payment activities
• Using bots, automation, or scripts to gain unfair advantages

6.4 Commercial Restrictions

• Reselling or redistributing the Service without authorization
• Using the Service to compete with HIVE
• Circumventing payment systems or subscription requirements
• Soliciting users to move transactions off-platform to avoid fees

Consequences: Violation of these prohibitions may result in immediate account suspension or termination, loss of access to content and tokens, and potential legal action.

7.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. You will continue to have access to paid features until that time.

7.2 Termination by HIVE

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Extended periods of inactivity
• At our sole discretion if we believe termination is necessary to protect HIVE or other users

7.3 Effects of Termination

Upon termination of your account:

• Your access to the Service will be immediately revoked
• Your portfolio and profile will be removed from public view
• Your User Content will be deleted after a 30-day grace period (unless required to retain for legal purposes)
• Any unused Honey Tokens will be forfeited
• Trading cards featuring you may remain in circulation but will be marked as legacy cards
• You will lose access to all account data, analytics, and messages

7.4 Data Export

You may request an export of your User Content before cancellation. We will provide data in a commonly used format within 30 days of your request, subject to technical feasibility.

7.5 Survival

Sections of these Terms that by their nature should survive termination will continue to apply, including but not limited to: Intellectual Property, Liability Limitations, Indemnification, and Dispute Resolution.

8.1 Service "As Is"

HIVE is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding:

• Uninterrupted or error-free operation
• Accuracy, reliability, or quality of the Service
• Fitness for a particular purpose
• Security or freedom from harmful components

8.2 Third-Party Services

HIVE integrates with third-party services (payment processors, image hosting, analytics, etc.). We are not responsible for:

• The availability, functionality, or security of third-party services
• Content, policies, or practices of third-party providers
• Disputes arising from third-party service usage

8.3 User Interactions

HIVE is a platform connecting creative professionals with clients. We are not responsible for:

• The quality, safety, or legality of services offered by users
• The accuracy of user profiles, portfolios, or credentials
• Disputes between users and clients
• Payment disputes related to booked services (beyond processing issues)
• Any harm resulting from interactions initiated through the platform

8.4 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY NEW ZEALAND LAW: HIVE, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party on the Service
• Any other matter relating to the Service

Our total liability for any claim arising from your use of HIVE shall not exceed the amount you paid to HIVE in the 12 months preceding the claim, or NZD $100, whichever is greater.

8.5 Indemnification

You agree to indemnify, defend, and hold harmless HIVE and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

9.1 Informal Resolution

In the event of any dispute, controversy, or claim arising from these Terms or your use of HIVE, you agree to first contact us at legal@hive.nz to attempt to resolve the issue informally. We will make good faith efforts to resolve disputes amicably.

9.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

9.3 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in New Zealand, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

9.4 Arbitration (Optional)

By mutual agreement, disputes may be resolved through binding arbitration under the Arbitration Act 1996 (New Zealand). Each party will bear its own costs unless otherwise determined by the arbitrator.

9.5 Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Consumer Guarantees Act 1993 or other applicable New Zealand consumer protection legislation.

10.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and HIVE regarding the Service and supersede all prior agreements.

10.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

10.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and HIVE's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

10.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. HIVE may assign these Terms without restriction.

10.5 Force Majeure

HIVE shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, natural disasters, or failures of third-party services.

10.6 Contact Information

For questions about these Terms, please contact us at: