Terms of Service for All Home Gym Hive Users

Please read these Terms of Service (“Terms”) carefully. They constitute a binding legal agreement between you and Home Gym Hive, governing your use of the websites, applications, and other offerings provided by Home Gym Hive (collectively, the “Home Gym Hive Platform”). Throughout these Terms, “Home Gym Hive,” “we,” “us,” or “our” refer to the Home Gym Hive entity listed on Schedule 1 with which you are contracting.

The Home Gym Hive Platform is an online venue that enables users (“Members”) to publish, offer, search for, and book home gym services. Members who offer services are referred to as “Hosts,” and Members who search for, book, or use services are referred to as “Guests.” Hosts offer their home gym or equipment as a “Listing.” To access and use many features of the Home Gym Hive Platform, you must register an account and keep your account information accurate.

Please note that as the provider of the Home Gym Hive Platform, Home Gym Hive does not own, control, offer, or manage any Listings or Host Services. Home Gym Hive is not a party to the contracts entered into directly between Hosts and Guests, nor is Home Gym Hive a real estate broker, travel agency, or insurer. Home Gym Hive is not acting as an agent in any capacity for any Member.

If you are a Host, it is your responsibility to understand and comply with all laws, rules, regulations, and contracts with third parties that apply to your Host Services.

1. Guest Terms

Our Mission.

Our mission is to create a world where you can workout anywhere. From garage gyms to home studios, browse through thousands of listings to find the ones that fit the way you like to workout. Learn more about the listing by reviewing the description and photos, the host profile, and guest reviews. If you have questions, just message the host or Home Gym Hive.

Searching and Booking on Home Gym Hive.

2.1 Searching. You can search for Host Services by using criteria like the type of gym, location, and other filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, and saved listings, host requirements (e.g. minimum or maximum booking hours), and more.

2.2 Booking. When you book a listing, you are agreeing to pay all charges for your booking, including the listing price, applicable fees, offline fees, taxes, and any other items agreed upon with the gym owner. When you receive the booking confirmation, a contract for host services (a “Reservation”) is formed directly between you and the host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a listing. 

Accommodation Reservations.

3.1 An Accommodation Reservation on Home Gym Hive is a limited license to enter, occupy, and use the workout space. The Host retains the right to re-enter the space during your booking, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you exceed the booking period, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable penalties. You may not exceed the maximum number of allowed Guests.

3.2 Reservations for Workouts and Other Host Services. A Workout or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.

Cancellations, Booking Modifications, and Refunds.

4.1 Cancellations and Refunds. If you wish to cancel your booking you must contact the gym owner directly. You are responsible for handling any requested refund if already paid in advance with the gym owner.   

4.2 Booking Modifications. Guests and Hosts are responsible for any booking modifications they agree to make via the Home Gym Hive Platform or direct Home Gym Hive customer service to make on their behalf (“Booking Modifications”) and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

Your Responsibilities and Assumption of Risk.

5.1 Your Responsibilities. At Home Gym Hive, we believe in responsible use of our platform and services. As a Guest, you are responsible for your own actions and those of any guests or invitees you bring with you to an Accommodation or Host Service. This includes leaving the Accommodation or Host Service in the same condition it was in when you arrived, paying for any damage you or your guests cause, acting with integrity and respect towards others, and complying with all applicable laws. If you are booking for a minor, you must be legally authorized to act on their behalf and you are solely responsible for their supervision.

5.2 Your Assumption of Risk. We understand that certain activities may come with inherent risks, and we want to make sure our Guests are fully informed. By accessing and using Home Gym Hive, you assume all risks associated with your use of the platform and any Host Service you book, including any Accommodation. This includes risks of illness, bodily injury, disability, or death. It is your responsibility to investigate and determine whether a Host Service is suitable for you before booking.

5.3 By booking a gym through Home Gym Hive, you agree to abide by the rules and guidelines set by the host, as outlined on their gym listing page. It is your responsibility as a guest to review and comply with these rules during your rental period. Additionally, you agree to check in and out of the gym space at the agreed upon times, respecting the host’s scheduling requirements. Failure to comply with the host’s rules or check-in/check-out procedures may result in penalties or loss of access to the gym facility.

6. Hosting on Home Gym Hive.

6.1 Host. As a Host, Home Gym Hive offers you the right to use the Home Gym Hive Platform to share your gym equipment, fitness programs or other fitness-related services with our community of members – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.

6.1a Payment Terms

1. Payment Processing: Guests of Home Gym Hive (“Guests”) will make payments directly with and to the gym owner of the listing they wish to book. Handling of payments will be done completely outside of our platform. Home Gym Hive will not be involved in the payments for bookings.  
2. 6.1b Listing and Payment Arrangements: By listing your gym on Home Gym Hive, you acknowledge and agree that you will receive compensation from those that wish to book your space on the platform.  It is important to note that you are not operating a business out of your home gym; rather, you are utilizing our platform as a means to connect with individuals who are interested in using your gym facilities.

6.2 Contracting with Members. When you accept a booking request, or receive a booking confirmation through the Home Gym Hive Platform, you are entering into a contract directly with the Member, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees if necessary. Any terms, policies or conditions that you include in any supplemental contract with Members must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

6.3 Independence of Hosts. Your relationship with Home Gym Hive is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Home Gym Hive, except that Home Gym Hive acts as a marketplace to list your gym. Home Gym Hive does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

Managing Your Listing.

7.1 Creating and Managing Your Listing. The Home Gym Hive Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation.

7.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example, some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting short-term rentals. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services. In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who use your Home Gym Hive. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply, you should always seek legal advice.

7.3 Search Ranking. The ranking of Listings in search results on the Home Gym Hive Platform depends on a variety of factors, including these main parameters:

Guest search parameters (e.g. number of Guests, price range), Listing characteristics (e.g. price, availability, number and quality of images, Reviews, type of Host Service, Host status, age of the Listing, average Guest popularity), Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking), Host requirements (e.g. minimum or maximum visits, booking cut-off time), and Guest preferences (e.g. previous visits, saved Listings, location from where the Guest is searching). Home Gym Hive may allow Hosts to promote their Listings in search or elsewhere on the Home Gym Hive Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.

7.4 Your Responsibilities. As a Host, you are responsible for your own actions and those of anyone you allow to provide Host Services. You must set your own prices and rules for your Listings and clearly state any fees or charges in your listing description. You may not collect any additional fees outside of the Home Gym Hive Platform except those allowed under the Offline Fee Policy. It is prohibited to encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Home Gym Hive Platform in violation of the Off-Platform Policy.

7.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or organization, everyone involved is responsible and liable under these Terms. You must ensure that you have authorization to enter into contracts and bind your team, business, or organization, and that each entity you use is in good standing under the laws of the place where it is established.

7.6 Your Assumption of Risk. As a Host, you acknowledge that hosting carries inherent risks, and you assume the entire risk associated with your use of the Home Gym Hive Platform, offering Host Services, and any interactions you have with other Members. You agree that you have had the opportunity to investigate the Home Gym Hive Platform and any laws, rules, regulations, or obligations that may apply to your Listings or Host Services.

7.7 As a host, you acknowledge that by renting out your gym space through Home Gym Hive, there will be normal wear and tear on your equipment. It is your responsibility to maintain your gym equipment in good working condition and to address any necessary repairs or maintenance in a timely manner. Home Gym Hive is not responsible for any damage to your gym equipment or facility that may occur as a result of renting your space to our customers.

1. Cancellations, Travel Issues, and Booking Modifications. If a Guest cancels a Reservation, it is up to you and the guest to determine the course of action. If no money has been paid then there is no need for a refund. However, if the booking was paid in an advance a refund will need to be worked out between the two parties. As a Host, you should not cancel on a Guest without a valid reason under the Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without a valid reason, Home Gym Hive may impose a cancellation fee and other consequences. 

8.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Home Gym Hive Platform or direct Home Gym Hive customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

Taxes.

9.1 Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”).

9.2 Collection and Remittance by Home Gym Hive. In jurisdictions where Home Gym Hive facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Home Gym Hive to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Home Gym Hive are identified to Members on their transaction records, as applicable. Home Gym Hive may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Home Gym Hive is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

9.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Home Gym Hive may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Customers, and/or their organizations.

General Terms

 Reviews.

After each Host Service, Customers and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Home Gym Hive for accuracy and may be incorrect or misleading.

Content.

Parts of the Home Gym Hive Platform allow you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Home Gym Hive a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Home Gym Hive pays for the creation of Content or facilitates its creation, Home Gym Hive may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Home Gym Hive the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Home Gym Hive may make available services or automated tools to translate Content, and that your Content may be translated using such services or tools. Home Gym Hive does not guarantee the accuracy or quality of translations, and Members are responsible for confirming the accuracy of such translations.

Fees.

Home Gym Hive may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Home Gym Hive Platform. As of now there are no fees but this might change in the future. Home Gym Hive reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change, you may terminate this agreement at any time pursuant to Section 13.2

Home Gym Hive Platform Rules.

12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.

Act with integrity and treat others with respect Do not lie, misrepresent something or someone, or pretend to be someone else. Be polite and respectful when you communicate or interact with others. Follow our Nondiscrimination Policy and do not discriminate against or harass others. Do not scrape, hack, reverse engineer, compromise or impair the Home Gym Hive Platform. Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Home Gym Hive Platform. Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Home Gym Hive Platform or Content. Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Home Gym Hive Platform. Do not take any action that could damage or adversely affect the performance or proper functioning of the Home Gym Hive Platform. Only use the Home Gym Hive Platform as authorized by these Terms or another agreement with us You may only use another Member’s personal information as necessary to facilitate a transaction using the Home Gym Hive Platform as authorized by these Terms. Do not use the Home Gym Hive Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent. You may use Content made available through the Home Gym Hive Platform solely as necessary to enable your use of the Home Gym Hive Platform as a Member. Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us. Do not request, make, or accept a booking or any payment outside of the Home Gym Hive Platform to avoid paying fees, taxes, or for any other reason. See our Offline Fee Policy for exceptions. Do not require or encourage Members to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application, or service before, during, or after a Reservation, unless authorized by Home Gym Hive. Do not engage in any practices that are intended to manipulate our search algorithm. Do not book services unless you are actually using the services. Do not use, copy, display, mirror or frame the Home Gym Hive Platform, any Content, any Home Gym Hive branding, or any page layout or design without our consent. Honor your legal obligations Understand and follow the laws that apply to you, including privacy, data protection, and export laws. If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy. Read and follow our Terms, Additional Legal Terms, Policies, and Standards. Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein. Do not use the name, logo, branding, or trademarks of Home Gym Hive or others without permission, and only as set forth in our Trademark Guidelines. Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Home Gym Hive branding. Do not offer services that violate the laws or agreements that apply to you. Do not offer or solicit prostitution or participate in or facilitate human trafficking.

12.2 Reporting Violations. If you believe that a member, listing, or content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Home Gym Hive. In addition, if you believe that a member, listing, or content has violated our standards, you should report your concerns to Home Gym Hive. If you reported an issue to local authorities, Home Gym Hive may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

12.3 Copyright Notifications. If you believe that content on the Home Gym Hive platform infringes copyrights, please notify us in accordance with our Copyright Policy.

Termination, Suspension, and Other Measures.

13.1 Term. The agreement between you and Home Gym Hive reflected by these Terms is effective when you access the Home Gym Hive platform (for example, to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Home Gym Hive may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Home Gym Hive may also terminate this agreement immediately and without notice and stop providing access to the Home Gym Hive platform if you breach these Terms, you violate our Additional Legal Terms or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Home Gym Hive, its members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Home Gym Hive believes it is reasonably necessary to protect Home Gym Hive, its members, or third parties; Home Gym Hive may, with or without prior notice:

• suspend or limit your access to or use of the Home Gym Hive platform and/or your account;
• suspend or remove listings, reviews, or other content;
• cancel pending or confirmed bookings; or
• suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Home Gym Hive determines in its sole discretion, you will be given notice of any intended measure by Home Gym Hive and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is canceled under this Section, the amount paid to the host will be reduced by the amount we refund or otherwise provide to the guest, and by any other costs we incur as a result of the cancellation.

13.4 Legal Mandates. Home Gym Hive may take any action it deems necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.

13.5 Effect of Termination. If you are a Host and terminate your Home Gym Hive account, any confirmed booking(s) will be automatically cancelled, and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled, and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Home Gym Hive Platform has been limited, or your Home Gym Hive account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Home Gym Hive Platform through an account of another Member.

13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.

Modification.

Home Gym Hive may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Home Gym Hive Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Home Gym Hive Platform will constitute acceptance of the revised Terms.

Resolving Complaints and Damage Claims.

If a Member provides valid evidence that you, your guest(s), or your pet(s) damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, (“Damage Claim”), the complaining Member can notify Home Gym Hive. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Home Gym Hive and Home Gym Hive determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Home Gym Hive can collect the amount of the Damage Claim from you. You agree that Home Gym Hive may seek to recover from you under any insurance policies you maintain and that Home Gym Hive may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Home Gym Hive requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.

Home Gym Hive’s Role.

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Home Gym Hive, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Home Gym Hive has the right, but does not have any obligation, to monitor the use of the Home Gym Hive Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Home Gym Hive Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Home Gym Hive administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Home Gym Hive in good faith, and to provide Home Gym Hive with such information and take such actions as may be reasonably requested by Home Gym Hive with respect to any investigation undertaken by Home Gym Hive regarding the use or abuse of the Home Gym Hive Platform. Home Gym Hive is not acting as an agent for any Member except for where Home Gym Hive Payments acts as a collection agent as provided in the Payments Terms.

Member Accounts.

You must register an account to access and use many features of the Home Gym Hive Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Home Gym Hive Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Home Gym Hive if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

Disclaimer of Warranties.

We provide the Home Gym Hive Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Home Gym Hive Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members.

Limitations on Liability.

Neither Home Gym Hive (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Home Gym Hive Platform or any Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Home Gym Hive Platform or any Content, (iii) any communications, interactions, or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Home Gym Hive Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Home Gym Hive has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

In no event will Home Gym Hive’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Home Gym Hive Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability.

These limitations of liability and damages are fundamental elements of the agreement between you and Home Gym Hive. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Home Gym Hive’s option), indemnify, and hold Home Gym Hive (including other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the Home Gym Hive Platform, (iii) your interaction with any Member, use of a home gym, or participation in any other service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

21.1 No Class Actions or Representative Proceedings.

 You and Home Gym Hive acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

22.Miscellaneous.

22.1 Other Terms Incorporated by Reference. Our Insurance Terms, Rebooking and Refund Policy, Guest Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards, and other supplemental policies and terms linked to in these Terms apply to your use of the Home Gym Hive Platform, are incorporated by reference, and form part of your agreement with Home Gym Hive.

22.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Home Gym Hive and you pertaining to your access to or use of the Home Gym Hive Platform and supersede any and all prior oral or written understandings or agreements between Home Gym Hive and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Home Gym Hive. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms, it connotes an obligation with the same meaning as “shall.”

22.3 No Waiver. Home Gym Hive’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Home Gym Hive’s prior written consent. Home Gym Hive may, without restriction, assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

22.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement will be provided electronically and given by Home Gym Hive via email, Home Gym Hive Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide. If a notification relates to a booking or Listing, you agree and acknowledge that such notifications via electronic means in lieu of a written statement satisfies Home Gym Hive’s obligations under applicable laws.

22.6 Third-Party Services. The Home Gym Hive Platform may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Home Gym Hive is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

22.7 Home Gym Hive Platform Content. Content made available through the Home Gym Hive Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Home Gym Hive and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Home Gym Hive Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Home Gym Hive grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Home Gym Hive Platform and accessible to you, solely for your personal and non-commercial use.

22.8 Force Majeure. Home Gym Hive shall not be held responsible for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

22.9 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Home Gym Hive account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Home Gym Hive account.

22.10 Contact Us. If you have any questions about these Terms, please email us at the designated email address.