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HIVE TERMS OF SERVICE

DRAFT – NOT YET REVIEWED BY COUNSEL. This document is a working first draft prepared for attorney review. It is not legal advice and must not be published or relied on until reviewed and approved by counsel. Items in [BRACKETS] are placeholders. Notes marked [COUNSEL NOTE] are drafting comments and must be removed before publication.

Effective Date: [EFFECTIVE DATE] Last Updated: [LAST UPDATED DATE]

1. Welcome to Hive

These Terms of Service ("Terms") are a legal agreement between you and Homes By Hive, Inc. ("Hive," "we," "us," or "our"), 4225 Executive Sq, Suite 600 6011, La Jolla, CA 92037.

These Terms govern your use of the Hive mobile app for iOS and Android, the Hive web admin dashboard, our websites, and any related features, live streams, messaging, and services (together, the "Service").

Please read these Terms carefully. By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

IMPORTANT: Section 21 contains a binding arbitration agreement and a class-action waiver. It affects how disputes between you and Hive are resolved. You may opt out of arbitration within 30 days, as described in Section 21.

2. What Hive Is (and Is Not)

Hive is an online community where people can browse real estate listings, save and discuss homes, and connect with real estate agents.

Hive is not a real estate broker, agent, lender, appraiser, inspector, attorney, or financial advisor. Specifically:

You should always do your own research and consult qualified professionals (such as a licensed agent, attorney, inspector, or lender) before making any real estate decision.

3. Eligibility

To use the Service, you must:

The Service is not directed to anyone under 18. If we learn that a user is under 18, we will close the account.

4. Your Account

4.1 Creating an account

You may sign up using an email address and password and must verify your phone number by SMS. You agree to provide accurate, current, and complete information and to keep it up to date.

4.2 Keeping your account secure

You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us right away at hello@homesbyhive.com if you believe your account has been compromised.

4.3 One person, one account

Accounts are personal. Do not share your account, create accounts for others without permission, create multiple accounts to evade a suspension or ban, or impersonate anyone.

4.4 Usernames

Buyers and other community members may post comments under an anonymous or pseudonymous username. You may not choose a username that is offensive, misleading, infringes someone else's rights, or impersonates another person, agent, brokerage, or Hive. We may reclaim or change usernames at our discretion.

5. Account Types

6. Your Content

6.1 What counts as your content

"User Content" means anything you post, upload, send, or stream through the Service, including comments, photos, profile information, bios, chat messages, live-stream video and audio, and (in the future) short-form videos.

6.2 You own your content

You keep ownership of your User Content. You are responsible for it and for making sure you have all rights needed to post it.

6.3 License you give Hive

By posting User Content, you grant Hive a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for example, to format, resize, or transcode), display, perform, distribute, and otherwise use your User Content to operate, provide, improve, promote, and develop the Service. This license continues for a reasonable time after you delete content or your account to allow for removal from backups and caches, and continues indefinitely for content you shared with others that they have saved or reposted, as permitted by the Service.

6.4 Your promises about your content

You represent that:

6.5 Feedback

If you send us ideas or suggestions, we may use them without any obligation to you.

7. Community Guidelines

Hive is meant to be a helpful, respectful place to talk about homes. When you use the Service, including in anonymous comments, chats, and live streams, you agree not to:

  1. Harass, threaten, bully, stalk, or intimidate anyone, or encourage others to do so.
  2. Discriminate. Do not post content that indicates a preference, limitation, or discrimination based on race, color, religion, sex (including sexual orientation and gender identity), disability, familial status, national origin, or any other characteristic protected by federal, state, or local law. This includes "steering" language and comments about who a neighborhood is or is not "right for."
  3. Violate the Fair Housing Act or any similar state or local fair housing law.
  4. Make false or misleading claims about properties, including about condition, price, features, ownership, availability, or neighborhood, or post fake listings or fake reviews.
  5. Post private information about others (doxxing), including home addresses of occupants, phone numbers, financial information, or images of people inside a home without consent.
  6. Encourage crime or unsafe conduct, including trespassing on or entering listed properties without authorization, or posting information about when a home is vacant to facilitate wrongdoing.
  7. Post illegal, obscene, sexually explicit, hateful, or violent content.
  8. Spam or solicit, including unsolicited advertising, chain messages, scraping contact details, or off-platform lead harvesting.
  9. Impersonate any person, agent, brokerage, or Hive, or misrepresent your license status or affiliation.
  10. Infringe intellectual property, including posting listing photos or content you do not have rights to use.
  11. Interfere with the Service, including hacking, introducing malware, scraping, using bots, reverse engineering, or circumventing security or rate limits.
  12. Use the Service for any unlawful purpose.

Anonymous does not mean unaccountable. Your username may be anonymous to other users, but Hive knows which account posted each comment. We may disclose account information when required by law or as described in our Privacy Policy.

8. Reporting, Moderation, Suspension, and Bans

8.1 Reporting

You can report content or users that you believe violate these Terms using the in-app report tool or by emailing hello@homesbyhive.com. Please give as much detail as you can.

8.2 Moderation

Hive may, but is not obligated to, review, monitor, or moderate User Content. We may remove, hide, restrict, or label any content, and may end any live stream, at any time for any reason, including if we believe it violates these Terms or the law or could harm users or Hive. We use a combination of user reports, administrator review, and [automated tools – CONFIRM].

8.3 Suspension and bans

We may warn you, limit features, suspend, or permanently ban your account if we believe you have violated these Terms, if required by law, or to protect users, third parties, or Hive. For agents, this includes revoking verified status or removing claimed listings.

8.4 Appeals

If your content was removed or your account was restricted and you believe it was a mistake, you may appeal by contacting hello@homesbyhive.com within [30] days. We will review appeals in good faith, but our decision is final.

8.5 Blocking

You may block other users. Blocked users will not be able to message you [or see your comments – CONFIRM].

9. Additional Terms for Agents

If you register as an agent, these additional terms apply.

9.1 License verification

To become a verified agent, you must provide accurate information, which may include your license number, licensing state, license expiration date, a photo of your license, brokerage name, brokerage ID, profile photo, service area, bio, and certifications. You authorize Hive to verify this information with state licensing authorities, brokerages, MLS data, or other sources.

9.2 Keeping your license current

You represent that you hold an active, valid real estate license in good standing in each state where you represent clients through the Service. You must promptly update your profile if your license expires, lapses, or is suspended or revoked, or if you change brokerages. Hive may remove your verified status at any time if we cannot confirm your license.

Verification by Hive is limited and is not an endorsement or guarantee of any agent's qualifications, competence, or conduct.

9.3 Claiming listings

You may claim only listings for which you (or your team or brokerage, with authorization) are the listing agent or are otherwise authorized to represent. Hive may require proof and may reassign or remove claims.

9.4 Compliance with laws and MLS/IDX rules

You are solely responsible for complying with all laws, regulations, and rules that apply to you, including:

9.5 No guarantee of leads

Hive does not guarantee any number or quality of leads, inquiries, views, clients, or transactions. Hive is not a party to any agreement between you and a buyer or seller and is not responsible for any commission or fee.

9.6 Your conduct with members

You agree to treat members professionally, to respond honestly, and not to misrepresent properties, your experience, or your relationship to a listing. You will not use member information obtained through the Service except to respond to that member's inquiry and as permitted by law and our Privacy Policy, and you will not sell or share it.

9.7 Fees

[The Service is currently free for agents.] If we introduce paid features, we will present the applicable pricing and terms before you are charged.

10. Listing Data and IDX Disclaimer

10.1 Source of listing data

Listing information on the Service is provided by third parties, including multiple listing services (MLSs), brokerages, and syndication or IDX data providers such as [ListHub / OTHER PROVIDER]. Hive does not create or verify listing data.

10.2 Standard disclaimer

Listing information is deemed reliable but is not guaranteed. All information, including square footage, lot size, room counts, school assignments, taxes, HOA fees, and price, should be independently verified. Listings may be subject to prior sale, price changes, or withdrawal without notice. Hive is not responsible for typographical errors, misinformation, or misprints.

IDX information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.

[INSERT ANY MLS-SPECIFIC DISCLAIMER, COPYRIGHT NOTICE, LOGO, AND BROKERAGE ATTRIBUTION LANGUAGE REQUIRED BY EACH DATA PROVIDER.]

10.3 Restrictions on listing data

You may not scrape, copy, republish, or commercially use listing data from the Service.

11. Live Streams and Recordings

11.1 Hosting live tours

Verified agents may host live video house tours. Hosts are responsible for their streams and must:

11.2 Participating in live tours

If you watch or participate in a live stream, your username, profile photo, comments, reactions, and (if you join on camera or microphone) your voice and image may be visible to the host and other viewers.

11.3 Recordings

Live streams may be recorded by Hive [and made available for replay – CONFIRM]. By hosting or participating in a live stream, you consent to the recording, storage, and display of the stream, including your comments and, if you join with audio or video, your voice and likeness, as described in our Privacy Policy. Hosts may not separately record other participants' audio or video without their consent.

11.4 No reliance

Live streams are informational only. They are not a substitute for an in-person inspection or professional inspection.

12. Messaging

The Service lets members and agents chat. When you start a chat with an agent, the agent will be able to see your username, profile information, and messages, and will be able to reply. Please do not share sensitive personal or financial information (such as Social Security numbers, bank details, or wire instructions) through chat.

Wire-fraud warning: Hive will never ask you to wire money. Always verify wiring instructions by phone with a known, trusted party before sending funds.

Hive may access, review, and store messages to operate the Service, investigate reports, enforce these Terms, and comply with law, as described in our Privacy Policy. Messages are [not end-to-end encrypted – CONFIRM].

13. Notifications and Text Messages

By providing your phone number, you agree that Hive may send you text messages for account verification and security purposes (such as one-time passcodes). Message and data rates may apply. Message frequency varies. Reply STOP to opt out of non-essential texts, or HELP for help; note that phone verification is required to create and secure an account.

[Hive does not currently send marketing text messages. If we do in the future, we will request your separate express consent.]

You can control push notifications in your device settings and in the app.

14. Location Features

If you allow it, the Service uses your device location to show maps and nearby listings. You can turn off location access at any time in your device settings; some features may not work without it.

15. Hive's Intellectual Property

The Service, including its software, design, logos, the "Hive" name, and all content provided by Hive (excluding User Content and third-party listing data), is owned by Hive or its licensors and protected by intellectual property laws.

Subject to these Terms, Hive grants you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the app and access the Service for your personal use (or, for agents, for your professional real estate activities as permitted here). You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse engineer or attempt to extract its source code, except as permitted by law.

16. Copyright Complaints (DMCA)

Hive respects intellectual property rights. If you believe content on the Service infringes your copyright, send a notice to our designated agent with:

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work;
  3. Identification of the infringing material and where it is located on the Service;
  4. Your contact information;
  5. A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner.

Designated Copyright Agent: [NAME / TITLE] Homes By Hive, Inc. 4225 Executive Sq, Suite 600 6011, La Jolla, CA 92037 Email: [DMCA EMAIL]

If your content was removed and you believe it was a mistake, you may send a counter-notice as permitted under 17 U.S.C. § 512(g). We will terminate the accounts of repeat infringers in appropriate circumstances.

17. Third-Party Services and Links

The Service relies on and may link to third-party services (for example, mapping, video, messaging, and listing data providers). Hive is not responsible for third-party services, websites, or content, and your use of them may be subject to their own terms. For example, map features are subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

18. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. Without limiting the above, Hive does not warrant that:

Hive is not responsible for the conduct of any user, online or offline, including any meeting, showing, or transaction. Use caution when meeting anyone in person.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

These limits apply to all theories of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow these limitations, so they may not fully apply to you.

20. Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Hive and its officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms or any law (including fair housing, licensing, advertising, or MLS rules); or (d) your violation of anyone else's rights. We may assume control of the defense of any matter, and you will cooperate with us.

21. Dispute Resolution: Arbitration and Class-Action Waiver

21.1 Informal resolution first

Before filing a claim, you agree to contact us at [LEGAL EMAIL] with a description of your dispute and try to resolve it informally for at least 60 days. We will do the same.

21.2 Agreement to arbitrate

If we cannot resolve a dispute informally, you and Hive agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service by binding individual arbitration, rather than in court, except that either party may: (a) bring an individual claim in small claims court if it qualifies; and (b) seek injunctive relief in court for infringement or misuse of intellectual property.

21.3 Arbitration rules

Arbitration will be administered by [the American Arbitration Association (AAA) under its Consumer Arbitration Rules / JAMS under its Streamlined Arbitration Rules]. The arbitrator may award the same individual relief a court could. Hive will pay arbitration fees as required by the provider's rules [for claims under $[AMOUNT]]. Arbitration will take place in [COUNTY], California, or by video or written submission, or in your county of residence if you prefer.

21.4 Class-action waiver

YOU AND HIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person.

21.5 Mass arbitration

[If 25 or more similar demands are filed by or with the help of the same counsel or coordinated parties, they will be administered in batches as provided in [PROVIDER] rules. – COUNSEL TO DRAFT]

21.6 Opt-out

You may opt out of this arbitration agreement by emailing [LEGAL EMAIL] within 30 days of first accepting these Terms, with your name, account email or phone number, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.

21.7 Severability

If the class-action waiver is found unenforceable as to any claim, then that claim (and only that claim) will be severed and heard in court, not arbitration. If any request for public injunctive relief cannot be waived under applicable law, that request will be decided in court after the arbitration of individual claims is complete.

21.8 Time limit

To the extent permitted by law, any claim must be brought within one (1) year after it arises.

22. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act for Section 21. For any matter not subject to arbitration, you and Hive agree to the exclusive jurisdiction of the state and federal courts located in [COUNTY] County, California.

23. App Store Terms

If you download the app from the Apple App Store or Google Play, you also agree to that store's terms. For apps downloaded from the Apple App Store:

24. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the app, by email, or by other reasonable means before the changes take effect. Your continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and delete your account. Changes to Section 21 will not apply to disputes already pending.

25. Termination

You may stop using the Service and delete your account at any time in the app (Settings > Account > Delete Account [CONFIRM PATH]) or by contacting us. We may suspend or terminate your access at any time as described in Section 8, or if we discontinue the Service.

Sections that by their nature should survive termination will survive, including Sections 6.3 (to the extent stated), 6.5, 10, 15, and 18–22.

26. General

27. Contact Us

Homes By Hive, Inc. 4225 Executive Sq, Suite 600 6011 La Jolla, CA 92037 Email: hello@homesbyhive.com Support: hello@homesbyhive.com Legal notices: [LEGAL EMAIL]