Terms of Use - CrowdHive

1. Welcome to CrowdHive!

This page explains our terms of use. When you use CrowdHive, you’re agreeing to all the rules below including our refund policy.

By using this website (the “Site”) and services (together with the Site, the “Services”) offered by CrowdHive (Tuwah Ventures LLP and its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors—collectively, “CrowdHive,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our privacy and cookie policy, and agreeing to follow any other rules on the Site, like our rules for starting new projects.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively—we’ll tell you the exact date they go into effect. If you keep using CrowdHive after a change, that means you accept the new terms.

CrowdHive is for your personal, non-commercial use, except as permitted by CrowdHive.

2. About Creating an Account

You must be 18 or over to sign up for a CrowdHive account. You’re responsible for your account and all the activity on it.

You can browse CrowdHive without registering for an account. But to use some of CrowdHive’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@CrowdHive.com.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

3. Things You Definitely Shouldn’t Do

This section is a list of things you probably already know you shouldn’t do—lie, break laws, abuse people, steal data, hack other people’s computers, and so on.

Lots of people use CrowdHive. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:

Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
Don’t offer prohibited items. Don’t offer any rewards/products that are illegal, violate any of CrowdHive’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation. Such campaigns will be outright rejected by our team. The Campaign Owner may offer rewards in the form of tangible items or intangible services to backers/contributors as an incentive to contribute to the Campaign. However, such rewards shall, under no circumstances whatsoever, be financial in nature (e.g. – profit share, revenue share, interest on amount contributed, ownership/equity stake in lieu of contribution, loans, investments, etc). The Campaign Owner shall ensure that the rewards offered are not counterfeited products or products that infringe on the trademarks or copyrights or other Intellectual Property Rights or other property rights of any other person, organization, entity, company, brand, manufacturer, etc. The Campaign Owner cannot offer tobacco, drugs or drug paraphernalia, contests, raffles, or lifetime memberships, firearms, weapons, knives, weapon accessories or replicas of weapons & manufactured products which don’t meet India’s safety guidelines (i.e. ISI). It is clarified that the rewards are not offered for sale and CrowdHive does not make any representations or give any warranties about the quality, safety, morality or legality of any such reward.
Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to CrowdHive or another party).
Don’t abuse other users’ personal information. When you use CrowdHive — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a CrowdHive project: don’t use it for other purposes, and don’t abuse it.

We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things—most of which boil down to “don’t mess with our system.”

Don’t try to interfere with the proper workings of the Services.
Don’t bypass any measures we’ve put in place to secure the Services.
Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to CrowdHive or another party.
Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
Don’t take apart or reverse engineer any aspect of CrowdHive in an effort to access things like source code, underlying ideas, or algorithms.

4. How Projects Work

Most of our Terms of Use explain your relationship with CrowdHive. This section is different—it explains the relationship between creators and backers of CrowdHive projects, and who’s responsible for what. This is what you’re agreeing to when you create or back a CrowdHive project.

CrowdHive provides a community-driven platform for pre-ordering innovative and creative products. On CrowdHive, people can monetarily back their favorite creators/projects and in exchange, receive rewards (like books, concert tickets, products, merchandise, etc) for their contributions.

When a creator posts a project on CrowdHive, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.

CrowdHive is not a part of this contract—the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:

When a project is successfully funded, the creator must complete the project and fulfill each reward/preorder. Once a creator has done so, they’ve satisfied their obligation to their backers.

Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, backers must understand that they’re preordering something when they back a project—they’re helping to create something new, not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.

If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:

they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;
they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
they’ve been honest, and have made no material misrepresentations in their communication to backers; and
they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.

The creator is solely responsible for fulfilling the preorders they have received. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.

5. How Preordering Works

This section goes over the details of backing and creating projects—things like how money gets collected, whether pledges can be changed or canceled, and how creators can contact backers to provide rewards.

These are the terms that apply when you’re backing a project:

You’re charged when you book a preorder. You’ll provide your payment information when you pledge and will be charged.
In some cases we’ll reserve the charge on your card. CrowdHive and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full pledge, at any time between the pledge and the collection of funds.
You can’t change or cancel your pledge after making the contribution. You can’t increase, decrease, or cancel your pledge at any time after making the contribution, with exceptions that will be reviewed on a case-by-case basis by CrowdHive. And once the project has been funded, you can only cancel or change your pledge by making special arrangements directly with the creator.
The estimated delivery is the creator’s estimate. The month and year listed on each reward/product is the creator’s estimate of when they will provide the reward/product—not a guarantee to fulfill by that time. The schedule may change as the creator works on the project. We ask creators to think carefully, set an estimated delivery they feel confident they can work toward, and communicate with backers about any changes.
The creator may need to send you questions about your reward. To deliver rewards, the creator might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, you’ll need to provide the information in a reasonable amount of time. Creators should not ask for personal information that is not necessary to provide your reward/preorder, and should never request sensitive personal information such as your Adhaar Number or payment information. Contact us at support@CrowdHive.com if you receive a request for information that seems inappropriate or excessive.
CrowdHive doesn’t offer refunds after the campaign goal has been realized and funds are transferred to the campaigner’s account (refer to section 19 for more details on refunds and cancellation of preorders). Responsibility for finishing a project lies entirely with the project creator. CrowdHive doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not offer refunds once the money has been transferred to the campaigner.

These are the terms that apply when you’re creating a project:

You can refund individual pledges if you want. After your project has been funded, you can cancel and refund a backer’s pledge at any time. If you do, you have no further obligation to that specific backer, and no agreement exists between you.
We’ll charge our fees before putting funds in your account. CrowdHive and its payment partners will subtract fees before transmitting the proceeds of a campaign.
Some pledges can’t be collected, which might reduce the number of preorders you get. Because some payments can’t be collected—for instance, when a backer’s credit card expires before they are charged, and they don’t provide updated information—we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.
We’ll help resolve payment-card disputes. If a backer of your project disputes the charge with their card issuer, we’ll handle re-presenting the charge to settle the dispute with the card issuer. You’ll be notified that a dispute has been filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your project for the amount of the chargeback.
Prepare for potential delays. Don’t assume you’ll be able to launch your project when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your funds; there may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the money pledged until you actually have the ability to withdraw it from your account and spend it.

6. Things We Aren’t Responsible For

We don’t oversee projects’ performance, and we don’t mediate disputes between users.

CrowdHive isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release CrowdHive from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

7. Our Fees

We only charge as per the charges mentioned on our Pricing Page on projects, in addition to any fees from our payment partners.

Creating an account on CrowdHive is free. Our partners’ fees may vary slightly based on your location.

We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and CrowdHive isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of CrowdHive.

8. Other Websites

If you follow a link to another website, what happens there is between you and them—not us.

CrowdHive may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

CrowdHive partners with other companies (such as RazorPay) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.

9. Your Intellectual Property

We don’t own the content you post on CrowdHive, but we do have your permission to use or copy it however we need. We generally use it to promote projects and showcase our community. Ultimately, you’re responsible for the content you post, and you’re vouching to us that it’s ok to use.

CrowdHive doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:

We can use the Content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. In general, we use this Content to promote projects and showcase our community on the website. There are many factors that we take into consideration before featuring a project on the homepage or giving it a Project We Love badge. This includes, but is not limited to, a crisp project image with no logos, badges, or text on top, a clear and detailed description that includes a thorough plan for completing your project, captivating images or videos, an excited community, what we think different users will be interested in, and of course, a lot of creativity. We may also recommend projects that are gaining traction as a result of their creator’s own advertising, and/or on the basis of a user’s prior search terms, browsing history, project backings and other interactions, and cookies we have collected during their visits to our website.
When we use the Content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant CrowdHive all the license rights outlined here).
Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on CrowdHive’s hosting of that Content.
You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If CrowdHive or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated.
We’re not responsible for mistakes in your Content. CrowdHive will not be liable for any errors or omissions in any Content.

10. CrowdHive’s Intellectual Property

The content on CrowdHive is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.

CrowdHive’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

CrowdHive grants you a license to reproduce content from the Services for personal use only. This license covers both CrowdHive’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from CrowdHive or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

11. How We Deal with Copyright Issues

We comply with the Digital Millennium Copyright Act.

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our

12. Deleting Your Account

You can delete your account at any time, but doing so won’t automatically remove some content you’ve already posted.

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.) You can contact us at support@CrowdHive.com for additional information or to request project page deletion (this is not available in all circumstances).

13. Our Rights

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.

To protect the health and integrity of our system and to help ensure that creators and backers enjoy a safe and secure environment, CrowdHive reserves these rights:

We can make changes to the CrowdHive Site and Services without notice or liability.
We have the right to decide who’s eligible to use CrowdHive. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of our Terms or any other rules on the Site—we may cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use CrowdHive in that jurisdiction.
We have the right to cancel any pledge to any project, at any time and for any reason.
We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

CrowdHive is not liable for any damages as a result of any of these actions.

It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancelations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.

14. Warranty Disclaimer

We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

CrowdHive SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CrowdHive SHALL CREATE ANY WARRANTY.

15. Indemnification

If you do something on CrowdHive that winds up getting us sued, you have to help defend us.

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of CrowdHive. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

16. Limitation of Liability

If something bad happens as a result of your using CrowdHive, we’re not liable.

To the fullest extent permitted by law, in no event will CrowdHive, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site.

17. Dispute Resolution and Governing Law

We’re located in Maharashtra, and any disputes with us have to be handled in Maharashtra under Indian Law.

We at CrowdHive encourage you to contact us if you’re having an issue before resorting to the courts. Our CrowdHive support team is on hand and ready to answer your questions. You can click “Contact us” or email support@CrowdHive.com so that one of our support team agents can personally reply to you and attempt to resolve your issue. These resources are easily accessible and free.

In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Maharashtra and the India, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that CrowdHive and its Services are deemed a passive website that does not give rise to jurisdiction over CrowdHive or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Maharashtra. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of CrowdHive, shall be filed only in the courts located in Maharashtra, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

18. The Rest

These are our official terms and our rules for how things work. You can verify any confusing or conflicting information you see elsewhere by referencing what we’ve explained on this page.

These Terms and the other material referenced in them are the entire agreement between you and CrowdHive with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and CrowdHive with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or CrowdHive to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get CrowdHive’s prior written consent. CrowdHive has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. CrowdHive will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

19. Refund and Cancellation Policy

a.) Crowdhive will refund pledges made to a campaign upon refund/cancellation request by a backer/contributor/funder (refund requests can be sent to support@crowdhive.in) anytime during the tenure of the campaign while it is still in the process of raising its goal amount and 7 seven days after it has raised its initial goal amount. After 7 days, the amount is transferred to the campaigner’s (project creator’s) account, and refund/cancellation requests will need to be addressed to the campaigner. CrowdHive will provide contact and billing address details of the project creator to ensure communication channels are open between the campaigner and the contributor/backer. The campaigner also must sign an MOU with CrowdHive wherein they agree to consider refund requests on a case-by-case basis.

b) CrowdHive doesn’t offer refunds after the campaign goal has been realized and funds are transferred to the campaigner’s account. Responsibility for fulfilling preorders lies entirely with the project creator. CrowdHive doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not offer refunds once the money has been transferred to the campaigner.

c) Contributions and Refunds: Funders/Contributors/Backers may book preorders by different methods [this will include credit card/ debit cards/ e-wallets/ BHIM/ UPI/Net banking/Cheque/NEFT, RTGS, etc and any other forms of transferring money through the payment link on the campaign pages on www.crowdhive.in or to the CrowdHive bank account. All transactions will attract a payment processing charges of 2.5% tax for domestic transactions and 3.5% plus tax on international transactions that needs to be paid by the Campaign owner to CrowdHive as per the payment charges clause. This will be in addition to the platform charges and applicable taxes as mentioned in the pricing page. In case of any refunds requested by backers/funders/contributors the same will be processed by CrowdHive as per the terms outlined below. On any card refunds the payment processing charge amount of 2.5% plus tax will be borne by the backer for domestic transactions and 3.5% plus tax will be borne by backers for international transactions. On UPI transactions, no charge will be levied.

d) The Funding received with respect to a Campaign shall be held in a bank account by the Platform till the end of the Funding Period + seven days after the initial goal amount has been raised or the cut off of the Campaign pursuant to achieving Funding of the Funding goal or the stretched Funding Goal, as the case may be. A Funder may seek a refund only until the goal initial goal amount of the campaign has been raised with a grace period of seven days of making their contribution or booking their preorder. Irrespective of the campaign period, no refunds shall be entertained by CrowdHive after it has transferred the funds to the campaigner/project creator.

e) Refunds may take anywhere from 7 to 28 days to process.

f) Any refund/cancellation requests by backers should be sent to support@crowdhive.in

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