Hyve

Privacy

Policy

Hyve Invest Inc. (“Hyve Invest”) is an SEC-registered investment adviser. Alpaca Securities LLC (“Alpaca”), a registered broker dealer, member of Financial Industry Regulatory Authority (“FINRA”) and Securities Investor Protection Corporation (“SIPC”), provides brokerage products and services.

Hyve Invest Inc. is a wholly-owned subsidiaries of Hyve Inc. (“Hyve”). Hyve and its affiliates operate a website at www.leyshyve.com (the "Site" (which includes our blog)) and a mobile application (the "App").

All product names, logos, and brands are property of their respective owners. Use of these names, logos, and brands is for identification purposes only, and does not imply endorsement or affiliation.

Hyve Invest

Hyve Invest provides investment advisory services only to investors who are advisory clients of Hyve Invest ("Clients") pursuant to written advisory client agreements, which investors are urged to read and carefully consider in determining whether such agreements are suitable for their individual facts and circumstances. Hyve Invest does not provide personalized financial planning, such as estate, tax, or retirement planning. Nothing on the Site or the App should be construed as a solicitation or offer, or recommendation, to buy or sell any security. For more details, see Hyve Invest’s Form CRSForm ADV Part II and other disclosures.

Past Performance Is No Guarantee Of Future Results, And Any Expected Returns Or Hypothetical Projections May Not Reflect Actual Future Performance. Furthermore, Past Returns May Reflect The Performance Of Assets For A Finite Time, Or During A Period Of Extreme Market Activity. All Investments Involve Risk And May Lose Money. There can be no assurance that an investment mix or any projected or actual performance shown on the Site or App will lead to the expected results shown or perform in any predictable or specific manner. It should not be assumed that investors will experience returns comparable to those shown or that any or all Clients actually experienced such returns.

In accounts in which Hyve Invest employs its investment strategies, including portfolio rebalancing and tax-loss harvesting, high levels of trading may occur. High levels of trading could result in (a) bid-ask spread expense; (b) trade executions that may occur at prices beyond the bid-ask spread (if quantity demanded exceeds quantity available at the bid or ask); (c) trading that may adversely move prices, such that subsequent transactions occur at less favorable prices; (d) trading that may disqualify some dividends from qualified dividend treatment; (e) unfulfilled orders or portfolio drift, in the event that markets are disorderly or trading halts altogether; and (f) unforeseen trading errors.

If you transfer assets from one Hyve account to another Hyve account your transferred assets may also be liquidated by the software. Liquidating your transferred account may cause, among other things, realized capital gains or losses in specific securities, surrender fees, and redirection of declared dividends or distributions. You should also be aware that liquidating securities prior to transferring an account to be invested in a Hyve portfolio may subject you to the same risks.

Clients should be aware that in some limited instances it may be difficult or impossible to trade the Clients’ securities. This liquidity risk may be caused by numerous factors, including but not limited to: 1) extreme market volatility, 2) a decision by exchange participants to withhold some or all of their quoted market bids, 3) exchange technical issues or exchange closure, 4) delisted or halted securities, and/or 5) a position across Client accounts that is large relative to the average daily trading volume of the security.

Hyve Invest Process

Hyve Invest employs a risk-based approach to portfolio management, always focusing on the net impact to our clients. Risk management is the foundation of our investment philosophy, and across all our investment decisions and research we take a comprehensive, integrated approach to managing not just investment risk, but also operational risk.

Our investment methodology is based on Modern Portfolio Theory, for which the Nobel Prize was awarded in 1990. It is considered state-of-the-art portfolio modeling, but is only one possible way to invest. Clients should be aware that Hyve Invest’s process is based in part on a careful evaluation of past price performance and volatility in order to evaluate future probabilities. Although Hyve Invest seeks multiple asset classes for its Clients in order to diversify portfolios, it is possible that different or unrelated asset classes may all exhibit similar price changes in similar directions. This correlation of price behavior may adversely affect a Client, and may become more acute in times of market upheaval or high volatility.

Recommended Portfolios

Hyve uses low cost, index-based exchange traded funds (ETFs) in its Client Portfolios to represent the following asset classes: US Stocks Foreign, Developed Market Stocks, Emerging Market Stocks, Dividend Growth Stocks, US Bonds, US Corporate Bonds, Municipal Bonds, Treasury Inflation-Protected Securities (TIPS), Real Estate, and Commodities. Clients are recommended a portfolio based on the results of a risk questionnaire, which evaluates their ability and willingness to take risk.

ETF Disclosures

The securities employed in certain Client accounts include exchange-traded funds or other publicly registered funds ("ETFs"), which generally are registered investment companies under the Investment Company Act of 1940. Although Hyve Invest believes its selection process identifies ETFs with high liquidity, low expenses, and low tracking error, Hyve Invest selection process does not guarantee the quality of a particular ETF or that it will 1) be profitable, 2) properly track any comparable index, 3) trade in a liquid fashion, or 4) trade at or above its publicly-posted net asset value.

Hyve Invest reserves the right to change at any time the selection of ETFs that it recommends if, in Hyve Invest’s sole discretion, any ETF does not meet requirements for continued listing on the platform. Clients should be aware that changes in the selection of ETFs employed by Hyve Invest’s investment management service may result in the sale of their existing holdings and may subject them to additional tax liability.

An ETF typically includes embedded expenses that may reduce its net asset value and therefore directly affect its performance and indirectly affect a Client’s portfolio performance or an index benchmark comparison. These embedded expenses may include management fees, custodian fees, and legal and accounting fees. ETF expenses may change from time to time at the sole discretion of the ETF issuer.

Furthermore, ETF performance may not exactly match the performance of the index or market benchmark that the ETF is designed to track because 1) the ETF incurs expenses and transaction costs not incurred by any applicable index or market benchmark; 2) certain securities comprising the index or market benchmark tracked by the ETF may, from time to time, temporarily be unavailable; and 3) supply and demand in the market for either the ETF and/or for the securities held by the ETF may cause the ETF shares to trade at a premium or discount to the actual net asset value of the securities owned by the ETF.

Certain ETF strategies may from time to time include fixed income, commodities, foreign securities, American Depositary Receipts, or other securities for which expenses could be higher than otherwise charged for exchange-traded equity securities, and for which market quotations or valuation may be limited or inaccurate.

Performance Disclosures

Performance information is presented net of all management fees and expenses, unless marked otherwise. Commissions are not considered since Clients on the Hyve Invest’s platform are not charged trading commissions. For all time periods, the performance information includes the reinvestment of dividends and interest unless otherwise noted.

Any comparison to traditional financial advisors is based on an evaluation of average fees and returns. Actual results may be different for each investor and there can be no guarantee of enhanced returns due to additional diversification, ETF selection, or the use of Hyve Invest’s investment management service.

Investors who become Clients may experience different results than what is reflected in available hypothetical results. There is a potential for loss, as well as gain, that may not be reflected in hypothetical information. The hypothetical performance results shown do not represent the results of actual trading using Client assets but were achieved by means of the retroactive application of a model designed with the benefit of hindsight. Investors should carefully review all additional information presented by Hyve Invest as part of any hypothetical comparison.

Any comparisons to indices are provided for illustrative purposes only. An index is a broadly diversified, unmanaged group of securities, which may include only large capitalization companies or companies of a certain size. Broadly based indices may be shown only as an indication of the general performance of the financial markets during the periods indicated. Because of the differences between the client allocations and any indices shown, Hyve Invest cautions investors that no index is directly comparable to the performance shown since each index has its own unique results and volatility, and such indices, if shown, should not be relied upon as an accurate comparison.

The return, composite, and performance information shown on the Site or App uses or includes information compiled from third-party sources, including independent market quotations and index information. Hyve Invest believes the third-party information comes from reliable sources, but Hyve Invest does not guarantee the accuracy of the Site or App information and may receive incorrect information from third-party providers. Unless otherwise indicated, the information on the Site or App has been prepared by Hyve Invest and has not been reviewed, compiled or audited by any independent third-party or public accountant.

Fee and Account Disclosures

Recommendations and fees may vary for each Client. Advisory fees for a fully discretionary account are charged in accordance with the fee schedule outlined in Hyve Invest’s Form ADV Part 2.

Hyve Invest does not make any representations regarding the execution quality of orders placed with our executing broker-dealer partner.

Description of "Free." Certain ETF products, offered through Hyve Invest, may be free of commissions; however, management and/or other fees may be charged for investment products managed by outside companies, which are unaffiliated entities of Hyve Invest.

Alpaca Disclosures

Alpaca Use and Risk Disclosures
Alpaca Terms and Conditions
Alpaca Securities Privacy Notice
Alpaca PFOF Disclosure
Alpaca Margin Disclosure Statement
Alpaca Extended Hours Trading Risk Disclosure
Alpaca Business Continuity Plan Summary
Alpaca Securities LLC Customer Relationship Summary (Form CRS)
 

Referral and Rewards Program Agreement

As of September 5, 2023

 

The hyve Referral and Rewards Program is open to all United States legal residents or citizens that currently reside in the United States. Exceptions are made for active Armed Services personnel that maintain a U.S. address and are temporarily overseas in connection with their service.

This Agreement is by and among Hyve Invest Inc. (“hyve”), an investment adviser registered with the U.S. Securities and Exchange Commission, and each Referring Client, and is subject to the terms and conditions of this Agreement.

By participating in the Hyve Referral and Rewards Program, you acknowledge and agree that you are a Referring Client and that you will have the rights and responsibilities of a Referring Client under this Agreement and be bound by the terms and conditions of this Agreement, including without limitation all of a Referring Client’s obligations, duties, covenants, undertakings, representations and warranties below. THIS AGREEMENT CONTAINS A PRE-DISPUTE ARBITRATION CLAUSE IN SECTION 9.

 

By participating in the Hyve Referral and Rewards Program, you are agreeing to the following:

1. Definitions

When the following capitalized terms are used above or below in this Agreement, the following definitions apply:

hyves mean Hyve Invest, LLC, an investment adviser registered with the U.S. Securities and Exchange Commission

Act means the Investment Advisers Act of 1940, as amended. 

Application has the same meaning in this Agreement as it does in the Program Agreement.

Brochure means the Brochure that hyve files with the SEC as its Part 2A of Form ADV. If there is any issue with the link to the Brochure, it can also be found at adviserinfo.sec.gov. 

Carrying Broker means Alpaca Securities LLC.

Disclosure means the disclosure information and/or documents Potential New Clients will see after being referred by a Referring Client and before opening a hyve Investment Account.

ETF Shares have the same meaning in this Agreement as they do in the Program Agreement.

Good Standing means a status in which all required account opening documentation for an account has been completed and verified, and the account is not locked, or restricted, or otherwise flagged in any way.

Ineligible Person means an individual who is subject to a disqualifying SEC action or is subject to any disqualifying event, as defined by SEC Rule 206(4)-1(e)(4) and Section 6 of this Agreement.

Portfolio Account has the same meaning in this Agreement as it does in the Program Agreement.

Potential New Client means an individual (i) whom a Referring Client, using the custom referral links generated by Hyve, invites to become a new Hyve subscriber and open an Hyve Portfolio Account and (ii) who has never subscribed to any Hyve products or services or opened an Hyve Portfolio Account before being invited by the Referring Client.

Program Agreement means the hyve Program Agreement, including the Investment Advisory Agreement and other attachments to the hyve Program Agreement.

Referred Client means a Potential New Client who has (i) entered into the Investment Advisory Agreement that is Attachment A to the Program Agreement and (ii) been accepted (and not rejected) by the hyve and Carrying Broker as a customer.

Referral means the invitation of a Potential New Client to become a hyve subscriber and open a hyve Portfolio Account by a Referring Client, which may only be done using the custom referral links generated by hyve within the hyve Application.

Referring Client means an investment advisory client of hyve who has entered into the Investment Advisory Agreement that is attached to the Program Agreement and decides to make Referrals. In addition, this agreement uses the terms “you,” “your” or “yours” to mean a Referring Client.

Reward Amount means the referral incentive amount as indicated in the relevant referral promotion (in some instances, this is called a “referral bonus” or “bonus investment”).

Reward Date means the date when hyve credits Reward Shares earned by a Referring Client in accordance with the terms and conditions of this Agreement to the Referring Client’s hyve Portfolio Account.  Such date will typically be on or after the date that both the Referring Client and Referred Client meet the eligibility criteria of the applicable referral promotion.

Reward Shares means cash rewards deposited into a hyve goal.

Rules means the SEC’s rules under the Act. The SEC’s rules under the Act are located in the Code of Federal Regulations at 17 C.F.R. Part 275.

SEC means the U.S. Securities and Exchange Commission.

Selected Portfolio has the same meaning in this Agreement as it does in the Program Agreement.

 

2. Reward Shares for Referrals

hyve will credit your hyve Investment Goal with Reward Shares only after the Referring Client and the Referred Client have met all eligibility criteria under the terms and conditions for the applicable referral promotion, which will vary by promotion. After each Referred Client (1) establishes a hyve goal specified by the applicable referral promotion; (2) deposits an initial investment amount as described in the applicable referral promotion in such account; (3) if applicable, maintains the ETF Shares purchased by hyve on their behalf with the initial investment for the period set forth in the terms of the relevant promotion; and (4) if applicable, maintains the type of paid subscription with hyve for the number of billing period specified by the applicable referral promotion, hyve will credit your hyve Investment Goal with the amounts and types of Reward Shares that correspond to your Selected Portfolio and are collectively worth the Reward Amount at the time shares are purchased on the Reward Date. You acknowledge and agree that, notwithstanding anything else in this Agreement or the Program Agreement, you shall not be entitled to any Reward Shares for a Referral (i) unless and until the Potential New Client is accepted as a Referred Client; (ii) unless and until the Referred Client invests the minimum amount required by the promotion, and if none is specified, $5 and, if applicable, maintains the purchased ETF Shares in his or her hyve Investment Goal for the period set forth in the terms of the relevant promotion; (iii) unless you and the Referred Client each maintain your accounts in Good Standing up to, and including, the date of purchase of Reward Shares; (iv) unless and until the Referred Client remains a subscriber at the subscription tier for the number of billing cycles if specified in the applicable referral promotion; (v) if hyve determines at its sole discretion that you have breached any term, condition, obligation, duty, covenant, undertaking, representation or warranty in this Agreement or the applicable referral promotion terms (see Section 4 below on Compliance); and (vi) unless you invite a Potential New Client using the links hyve provides to you in the Application for Referrals. In addition, if the applicable referral promotion also requires that you make an initial investment in a hyve Investment Goal and/or subscribe to a certain hyve  subscription plan for a minimum amount of billing cycles, hyve will not credit your hyve Investment Goal with the Reward Shares unless and until you have also met such requirements. hyve, at its sole discretion, may make available certain promotions with different Reward Amounts to other hyve users or prospective users. 

3.  Eligibility

hyve in its sole discretion may set the eligibility criteria for participation in certain limited-time promotions within the Referral Program. This means that, if you do not meet the criteria determined by hyve, you may not be able to participate in certain limited-time promotions.

4. Compliance

In connection with your participation in the Referral Program, you acknowledge and agree to all of the restrictions listed below.

4.1. No spam - You agree that you will not “spam” anyone, or the general public, with Referrals to join hyve either by mass emailing, purchase or place advertisements, use of automated systems, bots or automatic dialers, and to not post Referral links on websites or event or venue pages without express consent from the owner. You agree to not engage in any device or scheme that results in “spam.”

4.2. No misrepresentations - You agree that you will not attempt to mislead anyone in connection with the Referral Program. This includes, but is not limited to, creating fake accounts, profiles, links or messages. You also agree that you will not use the personal information of any person in order to open an account in that person’s name. Further, you are expressly prohibited from implying any personal connection with hyve, other than as a client. 

4.3. No kickbacks or incentives - You agree that you will not personally offer any incentives, monetary or otherwise, to Referred Clients in return for their participation in the program. 

4.4. No modifications - You agree that you will not attempt to modify or obscure your referral link. This includes, but is not limited to, creating advertisements, hyperlinks, or otherwise publishing your referral link in a manner that is not in the exact format Hyve provides. 

4.5. No prohibited content - You agree that you will not use any defamatory, offensive, abusive or obscene content in connection with Hyve. This includes, but is not limited to, content that violates someone else’s privacy or harassing content.

4.6. No fraudulent activity - You agree not to defraud or abuse, or attempt to defraud or abuse, or engage in deceptive or manipulative practices toward Hyve or any other business or individual in connection with the Referral Program. You agree not to engage in any activity that Hyve deems to be fraud or abuse, or any attempt to defraud or abuse, or to engage in deceptive or manipulative practices toward Hyve or any other business or individual in connection with the Referral Program.

4.7. No misuse of Hyve' content - Hyve' provision of the referral link to you does not grant you a license to use any other Hyve materials or intellectual property.  You agree not to sell Hyve Referral links or create websites, email addresses or social media with Hyve' name, images or content without Hyve' express written consent. Hyve' content is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Hyve or any of Hyve' products or services to any authorization, registration, licensing or notification requirements within any jurisdictions outside those jurisdictions in which Hyve and its affiliates are licensed to operate.

Your compliance with the above restrictions, at all times, is required to participate in and benefit from the Referral and Rewards Program. hyve reserves the right to terminate or suspend your participation in the Referral and Rewards Program or receipt of rewards from the Referral and Rewards Program in the event that hyve makes the determination that you violated any of these restrictions. Further, in the event that hyve determines that you violated the terms of this Agreement, hyve reserves the right to seek the return of any Reward Shares credited to your account as the result of the violative behavior.

5. Disclosure

You acknowledge and agree that, before hyve presents a Potential New Client invited by you with the opportunity to enter into the Program Agreement, the Potential New Client will be shown a disclosure, which shall contain the following information:

  • Hyve’s full legal name, i.e., Hyve Invest Inc.;

     
  • The nature of your relationship with hyve as a Referring Client under this Agreement;

     
  • A statement that you may be compensated for inviting the Potential New Client;

     
  • the terms of our compensation arrangement with you under this Agreement; and

     
  • The fact that the Referred Client will not be charged any amount for the cost of any Reward Shares we credit to your hyve Investment Goal, or other hyve Goals if applicable, or any differential in advisory fees attributable to the existence of hyve’s arrangement with you under this Agreement.

6.  Legal Representations

You hereby represent and agree that: (a) you are not an “Ineligible Person.” An Ineligible Person means an individual who is subject to a disqualifying SEC action (See Section 6.1, below) or is subject to any disqualifying event, as defined by SEC Rule 206(4)-1(e)(4) (see Section 6.2, below); AND (b) that hyve may, at its discretion, conduct an appropriate inquiry (which may include a background check or search of public records) in order to verify that you are not an Ineligible Person.

6.1  Disqualifying Action

A disqualifying SEC action means an SEC opinion or order barring, suspending, or prohibiting the person from acting in any capacity under the Federal securities laws. 

6.2.  Disqualifying Event

Disqualifying event is any of the following events that occurred within ten years prior to the person providing a referral to a Potential New Client:

i. A conviction by a court of competent jurisdiction within the United States of any felony or misdemeanor involving conduct described in paragraph (2)(A) through (D) of Section 203(e) of the Act;

ii. A conviction by a court of competent jurisdiction within the United States of engaging in any of the conduct specified in paragraphs (1), (5), or (6) of Section 203(e) of the Act;

iii. The entry of any final order by any entity described in paragraph (9) of Section 203(e) of the Act, or by the U.S. Commodity Futures Trading Commission or a self-regulatory organization (as defined in the Form ADV Glossary of Terms), of the type described in paragraph (9) of Section 203(e) of the Act;

iv. The entry of an order, judgment, or decree described in paragraph (4) of Section 203(e) of the Act, and still in effect, by any court of competent jurisdiction within the United States; and

v. An SEC order that a person cease and desist from committing or causing a violation or future violation of:

a. Any scienter-based anti-fraud provision of the federal securities laws, including without limitation Section 17(a)(1) of the Securities Act (15 U.S.C. 77q(a)(1)), Section 10(b) of the Exchange Act (15 U.S.C. 78j(b)) and § 240.10b-5 of the Exchange Act, Section 15(c)(1) of the Exchange Act (15 U.S.C. 78o(c)(1)), and Section 206(1) of the Advisers Act (15U.S.C. 80b-6(1)), or any other rule or regulation thereunder; or

b. Section 5 of the Securities Act (15 U.S.C. 77e);

vi. A disqualifying event does not include an event described in paragraphs (i) through (v) above with respect to a person that is also subject to:

a. An order pursuant to Section 9(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-9) with respect to such event; or

b. An SEC opinion or order with respect to such event that is not a disqualifying Commission action; provided that for each applicable type of order or opinion described in (vi)(a) and (b):

i. The person is in compliance with the terms of the order or opinion, including, but not limited to, the payment of

disgorgement, prejudgment interest, civil or administrative penalties, and fines; and

ii. For a period of ten years following the date of each order or opinion, the advertisement containing the testimonial or endorsement must include a statement that the person providing the testimonial or endorsement is subject to an SEC order or opinion regarding one or more disciplinary action(s) and include the order or opinion or a link to the order or opinion on the SEC’s website.

You further represent that you (a) do not maintain an office where you regularly provide investment advisory services, solicit, meet with, or otherwise communicate with clients, or any other location that is held out to the general public as a location at which you provide investment advisory services, solicit, meet with, or otherwise communicate with clients in any U.S. state; 

(b) are not an associated person of a broker-dealer or investment adviser or otherwise subject to Financial Industry Regulatory Authority Rule 3210; and (c) do not work for any person or organization that would otherwise limit your ability to participate in referring clients to an investment adviser. 

If you cannot accurately make the preceding representations, you may not participate in the Program. If you are currently participating in the Program and the preceding representation becomes inaccurate, you agree to immediately inform hyve by contacting us at compliance@letshyve.com. hyve reserves the right to terminate your participation in the Referral Program or receipt of Reward Shares from the Referral Program in the event that hyve independently determines that your representations were, or have become, inaccurate.  

7. Relationship to Program Agreement

You acknowledge and agree that all Reward Shares credited to you under this Agreement for Referrals are subject to the terms and conditions of the Program Agreement relating to Reward Shares. To the limited extent the express terms and conditions of this Agreement and those of the Program Agreement directly conflict, this Agreement shall govern.

8. Dispute Resolution, including Pre-Dispute Arbitration Clause

The mandatory arbitration provisions in the Dispute Resolution section of the Program Agreement, which you, as a Referring Client, have already entered into, shall apply to this Agreement to the same extent as they apply to the Program Agreement.

9.  Modification

hyve may modify this Agreement from time to time which will be indicated by changing the date at the top of this page. hyve will indicate that changes have been made by updating the “Effective Date” located above at the beginning of this Agreement. If hyve makes any material changes, hyve will notify you by email at the email you have provided to hyve for your  hyve Portfolio Account(s), or as otherwise required by law. Notwithstanding anything herein, hyve does not have to provide you with prior notice of any amendments to the Hyve Referral and Rewards Program that are beneficial to you. Your continued access to or use of the Hyve Referral and Rewards Program after hyve makes any changes to this Agreement will be subject to the revised Agreement, and you will be deemed to be aware of and bound by your continued access to or participation in the Hyve Referral and Rewards Program. If you do not accept any such revisions or changes, your sole and exclusive remedy is to cease participation in the Hyve Referral and Rewards Program. The Hyve Referral and Rewards Program may be canceled at any time without notice to you.

10. Termination

You may terminate this Agreement at any time by notifying hyve in writing at support@letshyve.com that you no longer desire to make Referrals or to receive Reward Shares for Referrals. Upon termination you will no longer be a Referring Client and will be ineligible for participation in the program, including earning referral rewards. hyve may terminate this Agreement at any time by notifying you at the email you have provided to hyve for your hyve Portfolio Account(s).

11. Miscellaneous

The provisions in the Miscellaneous section of the Program Agreement, which you, as a Referring Client, have already entered into, shall apply to this Agreement to the same extent as they apply to the Program Agreement.

By participating in the Hyve Referral and Rewards Program, you undertake to perform your duties under this Agreement in a manner consistent with this Agreement, any and all of hyve instructions to you and the provisions of the Act and the Rules. You agree to seek guidance promptly from hyve if you are in doubt about what the Act or the Rules allow or do not allow you to say or do in connection with Referrals.

 

Item 1 Cover Page

 

 

 

 

 HYVE INVEST INC.

430 Park Avenue

New York, NY 10022

(845) 793-8561

www.letshyve.com

June 20, 2023

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This brochure provides information about the qualifications and business practices of Hyve Invest Inc. If you have any questions about the contents of this brochure, please contact us at the phone number listed above. The information in this brochure has not been approved or verified by the United States Securities and Exchange Commission or by any state securities authority. Registration (e.g. “registered investment advisor”) does not imply a certain level of skill or training.

 

Additional information aboutHyve Invest Inc. is also available on the SEC’s website at www.adviserinfo.sec.gov.

 

Item 2 Material Changes

Since the filing of this brochure in June 2023 the following changes of note have occurred:

 

  1. Under Item 14 – Client Referrals and Other Compensation, we have added additional language pertaining to hyve’s payment of referral fees to clients.
 

Item 3 Table of Contents

 

Brochure

 

Item 3 Table of Contents...… 3

ITEM 4 ADVISORY BUSINESS...… 4

ITEM 5 FEES AND COMPENSATION...… 5

ITEM 6 PERFORMANCE-BASED FEES AND SIDE-BY-SIDE MANAGEMENT...… 6

ITEM 7 TYPESOF CLIENTS...… 6

ITEM 8 METHODS OF ANALYSIS, INVESTMENT STRATEGIES AND RISK OF LOSS....… 6

ITEM 9 DISCIPLINARY INFORMATION...… 9

ITEM 10 OTHER FINANCIAL INDUSTRY ACTIVITIES AND AFFILIATIONS...… 10

ITEM 11 CODE OF ETHICS, PARTICIPATION OR INTEREST IN CLIENT TRANSACTIONS AND PERSONAL TRADING...… 10

ITEM 12 BROKERAGE PRACTICES...… 11

ITEM 13 REVIEW OF ACCOUNTS...… 12

ITEM 14 CLIENT REFERRALS AND OTHER COMPENSATION...… 13

ITEM 15 CUSTODY...… 13

ITEM 16 INVESTMENT DISCRETION...… 13

ITEM 17 VOTING CLIENTSECURITIES...… 14

ITEM 18 FINANCIAL INFORMATION...… 14

 

 

ITEM 4 ADVISORYBUSINESS

 

  1. Firm Description

 

Hyve Invest Inc. (“Hyve” or “Advisor”) is an internet-based investment adviser registered with the SEC. Hyve was founded in June 2022. HYVE Invest Inc. is a whollyowned subsidiary of Hyve Inc., a privately held company headquartered in New York, New York. The Chief Compliance Officer is Jonathan Dane.

  1. Types of Advisory Services Investment Advisory Services

Hyve offersan automated investment advisory service that makes it possible for anyone who enters into a Hyve Advisory Client Agreement (the “AdvisoryClient Agreement”), to access state-of-the-art investment advisory and portfolio management services. As provided in the Advisory Client Agreement, advisory clients (“Clients”) grant Hyve discretionary authority to manage Client assets in accounts (“Client Accounts” or “Accounts”) opened and maintained at an unaffiliated broker/dealer or bank.

Hyve’s investment objective is to seek maximumlong-term, risk-adjusted, after-tax, net of fee returns

 

Each individual Client account has the ability to choose between portfolios we recommend. Our recommended portfolios are designed to maximize returnsfor Clients’ individual risk tolerances and other preferences. Hyve creates an investment plan and manages a Client’s portfolio by identifying: 1) optimal asset classes in which to invest, 2) efficient exchange traded funds (“ETFs”) or other investments to represent each of those asset classes, and 3) an ideal mix of asset classes based on the Client’s specific risk tolerance.

 

Based on the information that each Client enters on Hyve’s mobile or web-based application during the account opening process, Hyve will utilize its proprietary software algorithm to match each Client with the initial portfolio best suited to meet the individual Client’s investment goals. Each Client, upon being onboarded into Hyve, is asked a set of questions. These questions may include behavioral questions such as how a Client viewsrisk to assesstheir tolerance for risk. The algorithm then balances that analysis with the Client’s expectations for portfolio growth. Combined with additional Client feedback on when the Client expects to reach retirement age, Hyve algorithm then categorizes the Client into an initial portfolio that is suitable for their individual investment time frame.

 

Hyve manages Client Accounts on a discretionary basis. This means that Hyve is authorized to trade our Clients’ ETFs or other investments to maintain the Client’s target investment allocation, without further approval from the Clients, such as the determination of securities to be purchased or sold without prior permission from the Clients for each transaction. Hyve utilizes software to conduct this trading to invest Client deposits, fund Client withdrawals, perform rebalancing to maintain targetportfolio allocations, and execute tax-loss harvesting strategies Any and all trades are made in the best interest of the Clientsas part of our fiduciary duty. However, risk is inherent to any investing strategy and model. Therefore, Hyve does not guarantee any results or future returns.

 

 

  1. Services Tailoredto Clients’ Needs

 

Hyve tailorsits software-based investment advisory service to the individual needs of each of its Clients, in accordance with the portfolio allocation chosen by Clients, and subject to certain account limitations that prospective investors should consider, as described further below and in Item 7. Hyve utilizes the information provided by each Client regarding the Client’s current financial situation, goals, and risk tolerances to determine a Client’s risk tolerance. Hyve asks each prospective Client a series of questions

 

to evaluateboth the individual’s objective capacity to take risk and subjective willingness to take risk. We ask subjective risk questions to determine both the level of risk an individual is willing to take and the consistency among the answers or example, if an individual is willing to take a lot of risk in one case and very little in another, then the individual is deemed inconsistent and is therefore assigned a lower risk tolerance score than the simple weighted average of their answers.

 

  1. Wrap Fee Program

 

Hyve does not participate in a wrap fee program.

 

  1. Assets UnderManagement

 

Hyve is a newly registered investment advisor and therefore, as of February 24, 2022, has $893 of assets under management.

 

 

ITEM 5 FEES AND COMPENSATION

 

  1. Advisory Fees for Individually Managed Accounts

Hyve currently does not chargean investment advisoryfee or subscription fee for the use of its investment advisory services.

 

Hyve reserves the right, in its sole discretion, to negotiate, reduce or waive the advisory fee or subscription fee for certain Client Accounts for any period of time determined solely by Hyve. In addition, Hyve may reduce or waive its fees for the Accounts of some Clients without notice to, or fee adjustment for, other Clients.All fees paid to Advisorfor investment advisoryservices are separateand distinct from the expenses charged by third-party managers and Investment Companies to their shareholder. These fees will generally include third-party management fees, an Investment Company management fee, other fund expenses, and in some situations a possible distribution fee.

 

Advisor will provideinvestment advisory servicesand portfolio management services but will not provide custodial or other administrative services. At no time will Advisor acceptor maintain custodyof a client’s funds or securities except for authorized fee deduction. The Client may contact the Custodian directly for disbursements, or accountrecord changes, and may also do so in writingto the custodian. Advisor may act at the client’s convenience to facilitate such written communications to the Custodian, provided that such action is not construed to be custody of client assets.

 

Client is responsible for all custodialand securities executionfees charged by the custodianand executing broker-dealer. Fees paid to Advisor are separate and distinct from the custodian and execution fees.

 

Clients may request to terminate their advisory contract with Advisor, in whole or in part, by providing advance written notice. Upon termination, any fees paid in advance will be prorated to the date of termination and any excess will be refunded to client through the Custodian. Client’s advisory agreement with the Advisor is non-transferable without Client’s written approval.

 

Right of Cancellation

In addition to the right to terminate an agreement pursuant to its terms, a client may cancel an agreement with Adviser within five (5) business days of first receiving a copy of this disclosure brochure and supplement without penalty or fee.

 

C. Third Party Fees

 

In additionto the advisory fees, Clientsmay also pay other fees or expensesto third parties.For example, custodians or broker/dealers may charge transaction fees on purchases or sales of securities. The issuers of certain investments we purchase for Clients (such as ETFs, investment trusts, or other investments) may charge Clients separate product fees. Hyve does not charge these product fees to Clients, nor does it benefit directly or indirectly from any such fees.

 

Product fees typically include embedded fund expenses that may reduce an investment fund's net asset value, and therefore directly affect the fund's performance and indirectly affect a Client’s portfolio performance or an index benchmark comparison. Fund expenses may include management fees, custodian fees, brokerage commissions, and legal and accounting fees. Fund expenses may change from time to time at the sole discretion of the fund issuer.

 

 

ITEM 6 PERFORMANCE-BASED FEES AND SIDE-BY-SIDE MANAGEMENT

 

Hyve does not chargeperformance-based fees thereforethis question is not applicable.

 

 

ITEM 7 TYPES OF CLIENTS

 

Hyve is available to individuals of all income levels, including high-net worth individuals. Hyve does not have any minimum amount required to open and maintain an account with Hyve. Clients are required to open a savings accountwith hyve’s bankingpartner, Synapse Financial Technologies, Inc.’s programbank partners, and execute an Advisory Agreement with Hyve and a Brokerage Agreement with Alpaca Securities.

 

 

ITEM 8 METHODS OF ANALYSIS, INVESTMENT STRATEGIES AND RISK OF LOSS

 

Methods of Analysis, Investment Strategies

Hyve utilizes a comprehensive investment management process and strategy that involves incorporating a Clients goals, objectives and risk tolerances into an investment portfolio that may include individual stocks, thirdparty managers, bonds, ETFs, and mutual funds.

 

Generally Hyve will recommend to each client an allocation to a portfolio comprised of multiple ETFs designedto provide a tradeoff betweenrisk and long-term, after-tax, net-of-fee return through a diversified set of global asset classes.

 

Hyve’s general approachto investment portfolio construction is groundedin concepts of Modern Portfolio Theory (“MPT”) and Value at Risk. MPT attempts to maximize a portfolio’s expected return for a given amount of portfolio risk, or equivalently minimize risk for a given level of expected return,by selecting the proportions of various asset classes rather than selectingindividual securities. Historically, rigorous MPT- based financial advice has been available primarily through certain high-end financial advisors.

 

Hyve’s investment philosophy is anchored in the belief that diversifying risk is a key tenet of proper portfolio construction and design, and is required in order to achieve consistent risk-adjusted returns. Therefore, risk must be fullyunderstood and diversified where appropriate acrossasset class, style,sector, and industry. Hyve’s strategic asset allocation process utilizes historical and forward-looking measures of risk, return, and correlation for various asset classes. These inputs and assumptions are then analyzedusing

 

a combination of tools to develop an ideal mix of asset allocations and asset styles that optimize expected returnfor a given level of risk. A Client’s actualinvestment results will vary, sometimes substantially, from the projections generated from our asset allocation tools and models,and a Client could lose all or a portion of their investment capital.

 

RISKS

 

General Risks.Investingin securities alwaysinvolves risk of loss that you shouldbe prepared to bear. We do not represent or guarantee that our services or methods of analysis can or will predict future results, successfully identify market tops or bottoms, or insulate clients from losses due to market corrections or declines. We cannot offer any guarantees or promises that your financial goals and objectives can or will be met. Past performance is in no way an indication of future performance. We also cannot assure that third parties will satisfy their obligations in a timely manner or perform as expected or marketed.

 

General Market Risk. Investment returns will fluctuate based upon changes in the value of the portfolio securities. Certain securities held may be worth less than the price originally paid for them,or less than they were worth at an earlier time.

 

Common Stocks.Investmentsin common stocks,both directly and indirectly throughinvestment in shares of ETFs, may fluctuate in value in response to many factors, including, but not limited to, the activities of the individual companies, general market and economic conditions, interest rates, and specific industry changes. Such price fluctuations subjectcertain strategies to potential losses.During temporary or extended bear markets, the value of common stocks will decline, which could also result in losses for each strategy.

 

Portfolio Turnover Risk. High rates of portfolio turnover could lower performance of an investment strategy due to increased costs and may result in the realization of capital gains. If an investment strategy realizes capital gains when it sells its portfolio investments, it will increase taxable distributions to you. High rates of portfolio turnover in a given year would likely result in short-term capital gains and under current tax law you would be taxed on short-term capital gains at ordinary income tax rates, if held in a taxable account.

 

Non-Diversified Strategy Risk. Some investment strategies may be non-diversified (e.g., investing a greater percentage of portfolio assets in a particular issuer and owning fewer securities than a diversified strategy). Accordingly, each such strategyis subject to the risk that a large loss in an individual issuer will cause a greater loss than it would if the strategy held a largernumber of securities or smaller positions sizes.

 

Model Risk. Financial and economicdata series are subject to regime shifts,meaning past information may lack value under future market conditions. Models are based upon assumptions that may prove invalid or incorrect under many market environments. We may use certain model outputs to help identify market opportunities and/or to make certainasset allocation decisions. There is no guarantee any model will work under all market conditions. For this reason, we include model related results as part of our investment decision process but we often weigh professional judgment more heavily in making trades or asset allocations.

 

ETF Risks, including Net Asset Valuations and Tracking Error. An ETF's performance may not exactly match the performance of the index or market benchmark that the ETF is designed to track because 1) the ETF will incur expenses and transaction costs not incurredby any applicable index or market benchmark;

2) certain securities comprising the indexor market benchmarktracked by the ETF may, from time to time, temporarily be unavailable; and 3) supply and demand in the market for either the ETF and/or for the securities held by the ETF may cause the ETF shares to trade at a premium or discount to the actual net asset value of the securities owned by the ETF. Certain ETF strategiesmay from time to time include the

 

purchase of fixed income, commodities, foreign securities, American Depository Receipts, or other securities for which expenses and commission rates could be higher than normally charged for exchange- traded equitysecurities, and for which marketquotations or valuation may be limitedor inaccurate. Clients should be aware that to the extent they invest in ETF securities they will pay two levels of advisory compensation – advisory fees chargedby Adviser plus any advisoryfees charged by the issuer of the ETF. This scenario may cause a higher advisory cost (and potentially lower investment returns) than if a Client purchasedthe ETF directly.An ETF typically includes embeddedexpenses that may reduce the ETF's net asset value, and therefore directly affect the ETF's performance and indirectly affect a Client’s portfolio performance or an index benchmark comparison. Expenses of the ETF may include investment advisor management fees, custodian fees, brokerage commissions, and legal and accounting fees. ETF expenses may change from time to time at the sole discretion of the ETF issuer. ETF tracking error and expenses may vary.

 

Inflation, Currency, and Interest Rate Risks. Security prices and portfolio returns will likely vary in response to changes in inflation and interest rates. Inflation causes the value of future dollars to be worth less and may reducethe purchasing power of an investor’s future interest paymentsand principal. Inflation also generally leads to higher interest rates, which in turn may cause the value of many types of fixed income investments to decline. In addition, the relative value of the U.S. dollar-denominated assets primarily managed by Adviser may be affected by the risk that currency devaluations affect Client purchasing power.

 

Liquidity Risk. Liquidity is the ability to readily convertan investment into cash to prevent a loss, realize an anticipated profit, or otherwise transfer funds out of the particular investment. Generally, investments are more liquid if the investment has an established market of purchasers and sellers, such as a stock or bond listed on a national securities exchange. Conversely, investments that do not have an established market of purchasers and sellers may be considered illiquid. Your investment in illiquid investments may be for an indefinite time, because of the lack of purchasers willing to convert your investment to cash or other assets.

 

Legislative and Tax Risk. Performance may directly or indirectly be affected by government legislation or regulation, which may include, but is not limited to: changes in investment advisor or securities trading regulation; change in the U.S. government’s guarantee of ultimate payment of principal and interest on certain government securities; and changes in the tax code that could affect interest income, income characterization and/or tax reporting obligations, particularly for options, swaps, master limited partnerships, Real Estate Investment Trust, Exchange Traded Products/Funds/ Securities. We do not engage in tax planning, and in certaincircumstances a Clientmay incur taxableincome on theirinvestments without a cash distribution to pay the tax due. Clients and their personal tax advisors are responsible for how the transactions in their account are reported to the IRS or any other taxing authority.

 

Foreign Investing and Emerging MarketsRisk. Foreign investing involvesrisks not typically associated with U.S. investments, and the risks maybe exacerbated further in emerging market countries. These risks may include, among others, adverse fluctuations in foreign currency values, as well as adverse political, social and economic developments affecting one or more foreign countries. In addition, foreign investing may involve less publicly available information and more volatile or less liquid securities markets, particularly in markets that trade a small number of securities, have unstable governments, or involve limited industry.Investments in foreigncountries could be affected by factors not present in the U.S., such as restrictions on receiving the investment proceeds from a foreign country, foreign tax laws or tax withholding requirements, unique trade clearance or settlement procedures, and potential difficulties in enforcing contractual obligations or other legal rules that jeopardize shareholder protection. Foreign accounting may be less transparent than U.S. accounting practices and foreignregulation may be inadequate or irregular.

 

Information Security Risk. We may be susceptible to risks to the confidentiality and security of its operations and proprietary and customer information. Information risks, including theft or corruption of electronically stored data, denial of service attacks on our website or websites of our third-party service providers, and the unauthorized release of confidential information are a few of the more common risks faced by us and other investment advisers. Data securitybreaches of our electronic data infrastructure could have the effect of disrupting our operations and compromising our customers' confidential and personally identifiable information. Such breaches could result in an inability of us to conduct business, potential losses, including identity theft and theft of investment funds from customers, and other adverse consequences to customers. We have taken and will continue to take steps to detect and limit the risks associated with these threats.

 

Tax Risks. Tax laws and regulations applicable to an accountwith Adviser may be subjectto change and unanticipated tax liabilities may be incurred by an investor as a result of such changes. In addition, customers may experience adverse tax consequences from the early assignment of options purchasedfor a customer's account.Customers should consulttheir out tax advisers and counsel to determine the potential tax-related consequences of investing.

 

Advisory Risk. There is no guarantee that our judgment or investment decisions on behalf of particular any accountwill necessarily producethe intended results.Our judgment may prove to be incorrect, and an account might not achieve her investment objectives. In addition, it is possible that we may experience computer equipment failure, loss of internet access, viruses, or other events that may impair access to accounts’ custodians’ software. Adviser and its representatives are not responsible to any account for losses unless caused by Adviser breaching our fiduciary duty.

 

Software Risk. Hyve delivers its investment advisory services entirely through software. Consequently, Hyve rigorously designs, develops and tests its software extensively before putting such software into production with actual Client Accounts and assets and periodically monitors the behaviors of such software after its deployment. Notwithstanding this rigorousdesign, development, testingand monitoring, it is possible that such software may not always perform exactly as intended or as disclosed on the Site, mobile app, blogs or other Hyve disclosure documents, especially in certain combinations of unusual circumstances. Hyve continuously strives to monitor, detect and correct any software that does not perform as expected or as disclosed.

 

Volatility and Correlation Risk – Hyve’s securityselection process is based in

part on a careful evaluation of past price performance and volatility to evaluate future probabilities. It is possible that different or unrelated asset classes may exhibit similar price changes in similar directions which may adversely affect a Client’s account and may become more acute in times of market upheavalor high volatility. Past performance is no guarantee of future results, and any historical returns, expected returns, or probability projections may

not reflectactual future performance.

 

Dependence on Key Employees. An accountssuccess depends, in part, upon the abilityof our key professionals to achievethe targeted investment goals. The loss of any of thesekey personnel could adversely impact the ability to achieve such investment goals and objectives of the account.

 

 

ITEM 9 DISCIPLINARY INFORMATION

 

Clients should be aware that neither Hyve nor its management person has had any legal or disciplinary events, currently or in the past.

 

ITEM 10 OTHER FINANCIAL INDUSTRYACTIVITIES AND AFFILIATIONS

 

Hyve is not registered and does not have an application pending to register, as a broker dealer and its management persons are not registered as broker/dealer representative.

 

Hyve and its management persons are not registered and do not have application pending to register, as a futures commission merchant, commodity pool operator/advisor.

 

Hyve does not have any related parties.As a result, we do not have a relationship with any relatedparties.

 

ITEM 11 CODE OF ETHICS, PARTICIPATION OR INTEREST IN CLIENT TRANSACTIONS AND PERSONAL TRADING

 

A. Fiduciary Status.

 

According to SEC law, an investment advisor is considered a fiduciary. As a fiduciary, it is an investment advisor’s responsibility to provide fair and full disclosure of all material facts. In addition, an investment advisor has a duty of utmost good faith to act solely in the best interest of each of its clients. Hyve and its representatives have a fiduciary duty to all clients. Hyve and its representatives’ fiduciaryduty to clients is considered the core underlying principle for Hyve’ Code of Ethics and represents the expected basisfor all representatives’ dealings with clients. Hyve has the responsibility to ensure that the interests of clients are placed ahead of it or its representatives’ own investment interest.All representatives will conduct business in an honest, ethical, and fair manner. All representatives will comply with all federal and state securities laws at all times. Full disclosure of all material facts and potential conflicts of interest will be provided to clients prior to services being conducted. All representatives have a responsibility to avoid circumstances that might negatively affect or appear to affect the representatives’ duty of completeloyalty to their clients.

 

B. Personal Trading.

 

Advisor and/or its investment advisoryrepresentatives may from time-to-time purchaseor sell productsor investments that they may recommend to clients. Advisor has adopted a Code of Ethics that sets forth the basic policies of ethical conduct for all managers, officers, and employees of the adviser.

 

In addition, the Code of Ethics governs personal trading by each employee of Advisor deemed to be an Access Person and is intendedto ensure that securities transactions effected by Access Persons of Advisor are conducted in a mannerthat avoids any actual or potential conflictof interest betweensuch persons and clients of the adviser or its affiliates.

 

Advisor collects and maintains recordsof securities holdingsand securities transactions effected by Access Persons. These records are reviewed to identify and resolve potential conflicts of interest. Advisor’s Code of Ethics is available upon request.

 

Trading Securities At/Around the Same Time as Client’s Securities

From time to time, our firm or its “related persons” may buy or sell securities for themselves at or around the same time as clients. This may provide an opportunity for representatives of Hyve to buy or sell securities before or after recommending securities to clients resulting in representatives profiting off the recommendations they provideto clients. Such transactions may create a conflict of interest; however,Hyve will never engage in tradingthat operates to the client’sdisadvantage if representatives of Hyve buy or sell securities at or around the same time as clients.

 

ITEM 12 BROKERAGE PRACTICES

 

A. Broker-Dealer.

 

Adviser has an established relationship with Alpaca Securities LLC, who we will recommendto clients for custody or client transactions. Adviser suggests this broker-dealer/custodian be used based on execution and custodial services offered, cost,quality of serviceand industry reputation. Adviser has also considered factors such as commission price, speed and quality of execution, client management tools, and convenience of access for both the Advisor and client in making its suggestion.

 

As an investment adviser, Adviser has a fiduciary duty to seek best execution for client transactions. While best execution is difficult to define and challenging to measure, there is some consensus that it does not solely mean the achievement of the best price on a given transaction. Rather, it appears to be a collective consideration of factorsconcerning the trade in question.Such factors includethe security being traded, the price of the trade, the speed of the execution, apparent conditions in the market, and the specific needs of the client.

 

Adviser utilizes a custodian that it believes offers a competitive price based upon the custodian’s market access, the transaction confirmation and account statement practices, the execution, clearance and settlement capabilities, and the reasonableness of the commission or its equivalent for the specific transaction. Adviser will monitor the services offered by the custodian and make any changes, as appropriate.

 

  1. Research and OtherSoft Dollar Benefits.

The Firm is independently owned and operatedand not affiliated with any custodian or broker-dealer (“Vendors”). The Firm does not receive commission income from any Vendors. However, Vendors may provide the Firm with access to their institutional trading and custody services that are typically not available to their retail investors. These services include trade execution, custody, research, and access to mutual funds and other investments that are otherwise generally available only to institutional investors or would require a significantly higher minimum initial investment, reports on or other information about particular companies or industries, economic surveys and analyses, recommendations as to specific securities, financial and industry publications, portfolio evaluation services, financial database software and services, computerized news, pricing and statistical services, analytical softwareand services, quotationservices, and other products or services that may enhance the Firm’s investment decision making. A Vendor may make available other products and services that benefit the Firm but may not benefit its Clients’ accounts. Some of these other products and services assist the Firm in managing and administering Clients’ accounts. These products and services may be provided without cost or at a discount to the Firm and include: hardware, software and other technology that provide access to Client account data (such as trade confirmations and account statements); trade execution (and allocation of aggregated trade orders for multiple client accounts); research, pricing information and other market data; facilitation of payment of the Firm’s fees from its Clients’ accounts; and assistance with back-office functions, recordkeeping and Client reporting. Many of these services generally may be used to service all or a substantial number of the Firm’s accounts, including accounts not serviced by a Vendor. The Vendors may also make availableother services intendedto help the Firm manageand further developits business enterprise. These services may be provided without cost or at a discount to the Firm and include consulting, publications and conferences on practice management, information technology, regulatory compliance, marketing and assistance with event sponsorship. In addition, Vendors may make available, arrange and/or pay for these types of services rendered to the Firm by independent third- parties. They may discount or waive fees they would otherwise charge for some of these services or pay all or a part of the fees of a third-party providing these services to the Firm. Vendors may from

 

time to time offer the Firm technology or marketing support payments that serve to reduce costs the Firm might otherwise incur. The recommendation that Clients maintain their assets in accounts serviced by a specific Vendor may be based in part on the fact that the Firm may benefit from the availability of some of the foregoing products and services and not solely on the nature, cost or quality of services providedby the Vendor, which createsa potential conflictof interest for the Firm. Although acceptance of such services, arrangements and payments could give the Firm an incentive to recommend that Clients use a particular Vendor, such services and amounts are generally not material to the Firm’s operations. Also, there is not a corresponding commitment by the Firm to any Vendor to invest any set amount or percentage of Client assets in any specific mutual funds, securities or other investment products as a result of the above arrangements.

 

  1. Brokerage for Client Referrals.

Hyve does not receiveclient referrals from any broker-dealer or third party as a result of the firm selecting or recommending that broker-dealer to clients.

 

  1. a. DirectedBrokerage.

Adviser requires that all clients use Alpaca Securities LLC for execution and/or custodial services. The broker-dealer is recommended based on criteria such as, but not limited to, reasonableness of commissions chargedto the client, tools and services made available to the client and the Advisor, and convenience of access to the accounttrading and reporting. The client will provide authorityto Adviser to directall transactions throughthat broker-dealer in the investment advisory agreement. Pleasealso see the response to Item 12A above.

 

C. Order Aggregation

Advisor does not combine ordersinto block trades.

 

D. Bank Accounts

Advisor requires that all clients open a savings account through Synapse Financial Technologies, Inc.’s program bank partners, prior to utilizing Advisor’s investment advisory services. The banking partner is recommend based on criteria such as, but not limitedto, reasonableness of fees chargedto the client, tools and services made available to the client and the Advisor, connectivity of the account to other financial institutions, and convenience of access to the account.

 

ITEM 13 REVIEW OF ACCOUNTS

 

Hyve regularly reviews and evaluates Client accounts for compliance with each Client’s investment objectives, policies and restrictions. The Firm analyzes rates of return and allocation of assets to determinemodel strategy effectiveness. Such reviews are conducted by the ChiefCompliance Officer of Hyve, or their designee, and shall occur at least once per calendar year.

 

Intermittent reviews may be triggered by substantial market fluctuation, economic or political events, or changes in the Client’s financial status (such as retirement, termination of employment, relocation, inheritance, etc.). Clients are advised to notify Hyve promptly if there are any material changes in their financial situation, investment objectives, or in the event they wish to placerestrictions on theirAccount.

 

Clients may receive confirmations of purchases and sales in their Accounts and will receive, at least quarterly, electronic statements containing account information such as account value, transactions, and other relevant information. Confirmations and statements are prepared and delivered by the qualified custodian. Hyve Accountstatements are providedto Clients via the websiteon a quarterly basis. We urge Clients to compare these reports against the account statements they receive from their custodian.

 

 

ITEM 14 CLIENT REFERRALS AND OTHER COMPENSATION

 

We do not receive any economic benefit,directly or indirectly, from any third party for advice renderedto our Clients. Nor do we, directly or indirectly, compensate any person who is not advisory personnel for Client referrals.

hyve maintains a referral program pursuant to which existing clients are compensated for referring new clients and supporting other client’s Goals. As part of the referral program, once the referring client and the referred client have met the eligibility criteria under the terms and conditions for the applicable referral promotion, hyve will provide the client with a reward, in a dollar amount specified by the applicable promotion, invested into one of the client’s Goals. Terms and conditions will vary by promotion. The referral program is governed by an agreement between the client and hyve.

ITEM 15 CUSTODY

 

All Clients’ accounts are held in custody by unaffiliated broker/dealers or banks, but the Firm can access many Clients’ accounts through its ability to debit investment advisory fees. For this reason, the Firm is considered to have limited custody of certain Client assets.

 

Account custodians send statements directly to the account owners on at least a quarterly basis. Clients should carefully reviewthese statements and should comparethese statements to any accountinformation provided by the Firm. While Hyve reconciles trading information on a regular basis, a Client may experience differences in the information displayed on the Hyve website, app, or electronic communication as compared to the Account documentation due to pending transactions, dividends, corporate actions, cash movements or withdrawals, or other activity. Only the broker/dealer or banks trading confirmations and statements represent the official records of a Client’s Account.

 

 

ITEM 16 INVESTMENT DISCRETION

 

Advisor generally has discretion over the selection and amount of securities to be bought or sold in client accounts without obtaining prior consent or approval from the client. However, these purchases or sales may be subject to specified investment objectives, guidelines, or limitations previously set forth by the client and agreed to by Adviser in an investment policy statement.

 

Discretionary authority will only be authorized upon full disclosure to the client. The granting of such authoritywill be evidenced by the client’sexecution of an Investment AdvisoryAgreement containing all

 

applicable limitations to such authority. All discretionary trades made by Adviser will be in accordance with each client’s investment objectives and goals and consistent with the Investment Policy statement.

 

The Client must understand that gains and losses are realized by discretionary activity and that these are taxable events, and that the client has authorized such activity in granting discretion. While some sensitivity to taxation is possiblewith discretion, if the client requires controlof the taxable events, a non-discretionary approach is needed and thereforerecommended, and this would requirethat the client’sinvestment contract indicate the account is non-discretionary.

 

 

ITEM 17 VOTING CLIENTSECURITIES

 

We do not vote Client proxies. Therefore, Clients maintain exclusive responsibility for: (1) voting proxies, and (2) acting on corporate actionspertaining to the Client’s investment assets. The Clientshall instruct the Client’s qualified custodian to forward to the Client copies of all proxies and shareholder communications relating to the Client’s investment assets. If the Client would like our opinion on a particular proxy vote, they may contact us at the number listed on the cover of this brochure.

 

In most cases, you will receive proxy materials directly from the account custodian. However, in the event we were to receiveany written or electronic proxymaterials, we wouldforward them directlyto you by mail, unless you have authorized our firm to contact you by electronic mail, in which case, we would forward you any electronic solicitation to vote proxies.

 

ITEM 18 FINANCIAL INFORMATION

 

Hyve is not the qualified custodianfor client funds or securities and does not require prepayment of fees of more than $1,200 per client, six (6) months or more in advance.

 

Hyve does not have any financial impairment that would preclude the Firm from meeting contractual commitments to clients.

 

Hyve has not been the subjectof a bankruptcy petition at any time during the last 10 years.

 

ITEM 20 ADDITIONAL INFORMATION

 

A. Brokerage Account ClosingProcess

Clients may close their hyve investment accounts, provided by Alpaca Securities, at any time by reaching out to hyve customer support at support@letshyve.com and requesting the account be closed. Prior to closing an account hyve will liquidate all positions within the account.

 

B. Savings Account ClosingProcess

Clients may close their hyve savings accounts,provided by SynapseFinancial Technologies, Inc.’sprogram bank partners, at any time by reaching out to hyve customer support at support@letshyve.com and requesting the account be closed. Hyve will contact Synapse Financial Technologies directly to facilitate the account closing process.

HYVE, INC. TERMS OF USE

 

Version Date: 11/23/23

 

These terms of use (The “Terms”) define the relationship between Hyve Inc. and its subsidiaries, including Hyve Invest, Inc. (“Hyve,” the “Company,” “we,” or “us”) and you, the person accessing the Hyve website located at letshyve.com (the “Site”) and/or downloading our mobile application (the “Application”) and/or registering for our services (“You” or “Your”). The Terms and Hyve, Inc. Online Privacy Notice (the “Privacy Policy”) govern Your use of the financial services made available to you by Hyve directly and by connecting you to other service providers (collectively, the “Services”).

YOU MAY USE THE SERVICES ONLY IF YOU CAN FORM A BINDING CONTRACT WITH US AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A COMPANY, ORGANIZATION, GOVERNMENT, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU CANNOT CONFIRM THE FOREGOING, THEN YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE THE SITE, THE APPLICATION OR SERVICES. YOU MAY USE THE SERVICES ONLY IN COMPLIANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS.

As used in these Terms, “Banking Services” means the portion of the Services where you can utilize your Hyve Account to access a third-party bank partner to hold a cash account. The “Investment Services” means the portion of the Services that utilizes your Hyve Account to facilitate investment options offered in the App.

AGREEMENT TO USE HYVE SERVICES. 

Hyve is willing to provide the Services to You only upon the condition that you accept all the terms and conditions contained in these Terms. By clicking on continue on the registration page or by accessing, installing, or using the Services, you agree to be bound by the Terms and to the collection and use of your information as set forth in our Privacy Policy, available at this link . If you do not agree with all of these Terms, then you must not accept them and you are not permitted to use the Services. You are responsible for all Reversal Liability, claims, fees, fines, penalties, and other liabilities incurred by Hyve, partners or third parties, and affiliates arising from your breach of these Terms or your use of our Services.

Hyve Invest, Inc. is an Registered Investment Adviser by U.S. Securities and Exchange Commission (“SEC”). Registration does not imply a certain level of skill or training. The Hyve Invest, Inc. Form ADV Part 2 may be found at https://adviserinfo.sec.gov/.

We reserve the right to make modifications to these Terms at any time and for any reason. In the event that a change to our Terms of Service will result in an increase of fees, an increase of liability to our users, fewer types of electronic funds transfers or stricter limitations not the frequency or dollar amount of transfers, you will be notified via email 30 days before the effective date. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice. When revised or new disclosures are available on the Site, we will send a message to your email, or otherwise notify you of their availability. However, you understand that Hyve reserves the right to post disclosures and communications on the Site without providing notice to you. So, you agree to check the Site regularly, as you may have no other means of knowing of current disclosures and communications.

USE OF THIRD PARTIES. The Services are provided by Hyve, by affiliated entities, or by independent service providers. By accepting these Terms of Use You agree and accept the Terms, Policies, contracts and other documents of these affiliates or third parties, made on the Site and as you opt in for such Services. All third-party service providers are referenced collectively as “Third-Party Service Providers.” By agreeing to these Terms, you also agree to the terms, contracts, and policies of our Third-Party Service Providers as identified throughout the Services.

a. Hyve has contracted with certain service providers in order to provide services to you. Certain services are offered through Synapse Financial Technologies, Inc. and its affiliates Synapse Brokerage LLC and Synapse Credit LLC (collectively, “Synapse”) and certain third-party financial service providers (each of the foregoing being a “Partner Financial Institution”). Synapse is not a bank and is not affiliated with hyve. Brokerage accounts and cash management programs are provided through Synapse Brokerage LLC (“Synapse Brokerage”), an SEC-registered broker-dealer and member of FINRA and SIPC. Additional information about Synapse Brokerage can be found on FINRA's BrokerCheck.

By participating in a Synapse cash management program, you acknowledge receipt of and accept the Synapse Terms of Service and Privacy Policy, and the applicable disclosures and agreements available in Synapse’s Disclosure Library. The Partner Financial Institution(s) participating in a Synapse cash management program can be found in the List of Program Banks.

By creating an account with hyve and initiating financial transactions, you agree to the Synapse Terms of Service and Privacy Policy. You also agree to the terms of service and privacy policy of Synapse’s Partner Financial Institution corresponding to the financial service and product(s) you select (collectively, “Synapse Terms”), each of which can be found here and which are incorporated herein by reference. By creating an account with us, you acknowledge that Synapse may share your information as necessary with their affiliates, Partner Financial Institutions and other service providers in connection with providing their respective services. It is your responsibility to make sure that the information you provide to hyve is accurate and complete. Additionally, you are responsible for complying with Synapse Terms when using your account. It is your responsibility to read and understand Synapse Terms as it contains terms and conditions relating to your account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitration provisions. All financial transactions are performed by Synapse’s Partner Financial Institutions, a list of which can be found at synapsefi.com/legal. Hyve will provide you with all access to all transaction notifications and account balances in addition to providing customer support relating to your account. You should refer to your account agreement for more important information.
 

b. The Investment Services are provided by Hyve in partnership with Alpaca Securities LLC (“Alpaca”), a registered broker dealer, member of Financial Industry Regulatory Authority (“FINRA”) and Securities Investor Protection Corporation (“SIPC”). Depending on the Services requested, funds in your Hyve Investment Account or Hyve Savings Account are either held in entities by the Federal Deposit Insurance Corporation (“FDIC”) or by the SIPC-insured for your benefit. Funds used for the Investment Services are held in an SIPC insured account in your name established pursuant to a separate account agreement with Alpaca. Hyve’s provision of investment advice under the Investment Services is governed solely by the Alpaca Customer Agreement, which is a separate agreement from these Terms. You can find the Alpaca Customer Agreement and other applicable legal documents at https://files.alpaca.markets/disclosures/library/AcctAppMarginAndCustAgmt.pdf.

WHO MAY USE THE SERVICES?

  1. ELIGIBILITY.  To use Hyve’s Services, you agree that you:
    1. Are at least 18 years or older.
    2. Must be permitted to use our Services and not prohibited by any governmental agency from utilizing financial tools. 
    3. Can form a binding contract with Hyve in your jurisdiction.
    4. Agree to use the Services in compliance with these Terms and all applicable local, state, and national laws, rules and regulations.
    5. Have not been previously removed from the Services by Hyve. 

REGISTRATION.  If you want to use certain features of the Services, including the Banking Services and Investment Services, you will have to create a Hyve Account. You can do this via the Application.  To access our Services, You will be required to apply for an Account with each of our providers according to the service(s) selected: the deposit account ("Deposit Account") and debit cards (“Cards”) provided by one of our financial institution providers ("Banking Provider"), or any other service that we may establish and maintain from time to time on our sole discretion. In the application, You will need to provide personal information (“Personal Information”). We provide your Personal Information to our Banking Providers and other third-party service providers to determine your eligibility for the Services and enable your access to them. You agree to provide us only with accurate information and to keep such information accurate and up to date at all times. You may not select as your Hyve user ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your Hyve Account to anyone else without our prior written permission. You will only use the Services for your own internal, personal, non-commercial use. We may deny your application, suspend provision of the Services to You, or close your Hyve Account if any information is out of date, incomplete, or inaccurate. Your application might also be denied at our discretion or at the Banking Provider’s discretion, in which case, neither the Banking Provider nor we will have to justify the denial.

By using the Services you agree to create and use only one Hyve account. Attempting to, or registering, more than one Hyve Account is strictly prohibited. If we approve your registration, you will be authorized to use the Services, subject to these Terms. We have sole direction to determine if you are eligible to use our Services.

When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you.


VERIFICATION. For our compliance purposes, and in order to provide the Services to you, you hereby authorize us to obtain, verify, and record information and documentation that helps us verify the information related to the banking account held by your bank, identity and risk profile (“Particular Bank Account Information” or “Particular Bank Account”). We will never ask you for your login credentials by phone or through email.

As part of this authorization, we may at registration and from time to time as part of our ongoing compliance requirements, import certain information from financial institutions and other third-party providers to verify your Particular Bank Account information. In some cases, we will directly access this information. We may also integrate third party service providers to facilitate this Service solely for the purpose of importing and verifying your information. To the extent needed to provide you relevant services and access to financial products, you further authorize us and/or any entity directed by Hyve, affiliates and independent service providers to obtain a credit and background investigation report about you. Furthermore, hyve may conduct a soft credit pull that will not affect your credit score. You understand that a “consumer credit report” includes any information regarding your credit worthiness, credit standing and credit capacity. You further understand and agree that a credit report and/or a background investigation report may be obtained at any time, and any number of times, Hyve, affiliates and independent service providers in its sole discretion, determine is necessary before, during or after your involvement with Hyve.

ACCOUNT. When creating your Hyve Account, you must provide accurate and complete information, including payment related information, and your online credentials for your Hyve Savings Account (“User Information”). You are solely responsible for the activity that occurs on your Hyve Account, and you must keep your Hyve Account login credentials. You must notify Hyve immediately of any breach of security or unauthorized use of your Hyve Account. We are not liable for any losses caused by any unauthorized use of your Hyve Account.

You agree to promptly notify us of changes to your Account information. You are the only person authorized to use your Hyve Account and password and for maintaining the confidentiality of your Hyve Account and password. You shall not permit or allow other persons to have access to or use your Hyve Account and password. You are responsible for the use of the Services under your Hyve Account. You are responsible for protecting the information on your computer and any mobile devices such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer. 

CUSTOMER INFORMATION AND PRIVACY. You understand that by using the Services you agree to the collection, use and disclosure of your personal information and aggregate information as set forth in our Privacy Policy.

SERVICES. By opening a Hyve Account, you may have access to the following Services:

BANKING SERVICES.

  1. General. We offer you access to a Cash Management account in the US. You understand that by opening a Hyve Account through the Services you authorize Synapse to accept all instructions provided to Synapse by Hyve. The relationship between You and Synapse is that of debtor and creditor, and Synapse owes no fiduciary duty to You.
  2. Your Funds and the Account. Your funds will remain in your Hyve Account until you instruct us to transfer any or all of your funds from your Hyve Account by indicating a withdrawal within the Mobile Application. The use of the Hyve Account is unique and exclusive for personal purposes, and use for commercial purposes is not allowed. We will generally transfer the requested funds from your Hyve Account to your Particular Banking Account within six (6) Business Days of when we receive your request. We may transfer funds from your Hyve Account to your Particular Banking Account without notice to you upon the closure of your Hyve Account and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.
  3. Account Use Prohibitions. You are solely responsible for determining whether the funds debited from your Particular Bank Account and the funds maintained in your Hyve Account are acceptable to you, provided that the use of the Hyve Account is for personal and not commercial purposes. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Particular Bank Account.
  4. Synapse Account. You may obtain information about the balance of funds in your Account. You have the right to receive an account statement showing your account activity. The Deposit Account Agreement governs the deposit account made available to you by Synapse. The cash balance maintained in a Synapse Brokerage LLC Cash Management Program is held at one or more Program Banks. The deposit at Program Banks is not covered by Securities Investor Protection Corporation (SIPC). The deposit is eligible for FDIC insurance subject to FDIC insurance coverage limits. All assets of the account holder at the depository institution will generally be counted toward the aggregate limit. For more information about FDIC insurance coverage, please visit the FDIC website at www.FDIC.gov or call 877-ASK-FDIC. As referenced in the Synapse Brokerage LLC Customer Agreement, customers are responsible for monitoring their total assets at the Program Bank to determine the extent of available FDIC insurance. All FDIC insurance coverage is in accordance with FDIC rules. See your applicable account agreements and the Synapse Terms of Service for further details. The Program Bank(s) participating in a Synapse cash management program can be found in the List of Program Banks. Synapse Brokerage LLC is an SEC-registered broker-dealer and member of FINRA and SIPC. Additional information about Synapse Brokerage can be found on FINRA’s BrokerCheck.”
  5. Banking Services Account Earnings. YOU AGREE THAT YOU WILL ONLY RETAIN A PORTION OF THE INTEREST OR OTHER EARNINGS ON THE FUNDS IN YOUR BANKING SERVICES. You irrevocably transfer and assign to Hyve any and all rights that you may have to one half (50%) of any interest that may accrue on funds held in your Banking Services. This assignment shall be considered a fee for the Services and applies only to interest earned on the funds held in your Hyve Account, and nothing in these Terms grants Hyve any rights to the principal of the funds held in your Banking Services.
  6. Account Closure, Freeze or Suspension. Upon the closure of your Hyve Account for any reason, we will transfer the funds in your Hyve Account, if any, to an account of your choosing or, at our discretion, we may send you a check for the amount of the funds to you at your street address in our records. You agree that if we suspect that any irregular, unauthorized, or unlawful activity may be occurring in connection with your Hyve Account, we may “freeze” or close your Account.
  7. E-SIGN. You agree with all documents and information regarding electronic submission and that the adaptation process takes place via the Hyve Site and/or the Application. All communications are carried out electronically and with your consent pursuant to the Hyve Consent to Electronic Communications accepted by you at the outset of the Services. The Hyve Services ensure that You will receive all documents, contracts, terms, account statements, account disclosures and policies electronically in accordance with applicable laws. You acknowledge and agree to the receipt electronically. You acknowledge and agree that Hyve maintains records of your consent to the documents made available, accurately, and that are made available to You for the period required by applicable law.

INVESTMENT SERVICES. You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party.

You can determine which Services are best suited for your needs. For instance, you can establish an investment strategy using our Investment Services service. Based on the information we have about you, we will provide recommendations for a financial strategy that is intended to fit your financial and risk profile. You will be the one deciding how much you wish to set aside.

Past performance is not a guarantee of future success, and, in fact, volatility means that returns in any period may be far above or below those of a previous period. Some customers may have investment results that materially differ from those we might indicate by our investment tools and projections. Investments at Hyve may lose value. Hyve is unable to predict or forecast market fluctuations or other uncertainties that may affect the value of any investment. Model predictions are inherently limited in that they do not represent actual trading nor material economic or market factors that might have had an impact on Hyves’s advice. Portfolio performance projections are based on Hyve’s current recommended portfolios, and, for periods that pre-date the issuance of funds in our current recommended portfolios, broad market indexes. Portfolio performance projected account for the reinvestment of dividends as well as investment fund fees, but they do not take into account management fees earned by Hyve. While the features within the Investment Services are designed to provide helpful investing guidance, as an individual, you must carefully consider the appropriateness of the proposed portfolios in light of your own personal financial circumstances, including cash flow needs, tax circumstances, or other complex or subjective concerns. Hyve does not offer to give legal or tax advice. For specific legal or tax matters, you should consult with your own legal and/or tax advisors. You are urged to use all available resources to educate yourself about investing in general, as well as the investments and overall composition of your portfolio and Investment Services. Additionally, market conditions and your personal financial circumstances may change - perhaps suddenly or maybe gradually over time. Monitoring and adjusting your Investment Services to suit changing circumstances is your responsibility, and it is recommended that you reassess any investing program on a regular basis to ensure that it remains consistent with your current financial resources and investment objectives.

Hyve is a financial adviser only in regard to the product provided and Services used by you pursuant to these Terms. For other benefits and plans, Hyve is not providing financial advice in the Services. Your financial situation is unique. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.

PROHIBITED USE.  Hyve may in its sole and absolute discretion refuse to process any transaction or service using its services or the services of its third-party service providers that Hyve suspects would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Hyve conducts business, including the U.S. Department of Treasury's Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity.

MOBILE APPLICATION. You acknowledge and agree that the availability of our Application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

These Terms apply to your use of all of the Services, including our iOS applications (e.g., the Application) available via Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:

  1. Both you and Hyve acknowledge that the Terms are concluded between you and Hyve only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that Hyve, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Hyve, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both you and Hyve acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
  10. Both you and Hyve acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

HYVE’S INTELLECTUAL PROPERTY RIGHTS.

GENERALLY.  The contents of the Services, including, without limitation, the Site, the Application, and their respective “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including, without limitation, html-based computer programs), trademarks, trade names and/or service marks, and all materials incorporated herein (collectively, the “Materials”) are protected under both United States and other applicable copyright, trademark and intellectual property laws. The Materials belong or are licensed to Hyve or its software or content suppliers. Hyve grants you the right to view and use the Materials subject to these Terms. You may download or print a copy of information provided in the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any the Materials in whole or in part for any other purpose is expressly prohibited without our prior written consent.

FEEDBACK.  If You choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services ("Feedback"), then You hereby grant Hyve an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. Thus, by submitting any Feedback, You agree that your disclosure is gratuitous, unsolicited and without restriction, will not place Hyve under any fiduciary or other obligation, and that we are free to use your Feedback without any additional compensation to You, or to disclose your Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Hyve does not waive any rights to use similar or related ideas previously known to Hyve, developed by its employees, or obtained from sources other than You.

USER’S DECLARATIONS. By using the Services, you acknowledge, agree, and declare that:

  1. You are legally able to accept these Terms of Use as per the applicable civil law;
  2. You are aware that You cannot use our Services to disseminate or otherwise produce any content deemed illicit whatsoever or that might violate third parties’ rights;
  3. You recognize that You must not insert into the Services, by any means and tools, materials capable of incorporating viruses or other elements that may prevent the normal functioning of the Services, of Hyve's computer equipment, of Third Party Service Providers or any other third parties, as well as capable of damaging electronic documents and files stored on such equipment; 
  4. You are aware that You should not share your access credentials with third parties, being solely responsible for any operations carried out through your Account; and
  5. By accepting these Terms of Use, You acknowledge that, in any event, they are solely responsible for the use of the Services, exempting Hyve from any liability for damages resulting from the improper use of the Services.

LIMITATIONS ON USE.  By using the Services, you acknowledge and agree that your use of Hyve’s Services (including, without limitation, the Site and the Application) are based in the United States for use by individuals based in the United States, and may not be used by others or used outside of the U.S. We may change, suspend, or discontinue all or any part of the Services, or deny you access to all or any part of the Services, without notice and without reason. 

IMPROPER CONDUCT. You understand and agree that you will not:

  1. access the Services for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Services;
  2. use the Services for any unlawful purpose, impersonate any person or entity, or misrepresent your affiliation with a person or entity;
  3. provide false or inaccurate information when registering an account;
  4. publish or link to malicious content of any sort, including that intended to damage or disrupt another user's browser or computer;
  5. decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
  6. obscure, block, or interfere with any advertisements or safety features on the Services;
  7. circumvent, remove, alter, degrade, or thwart any protections in the Services, or use the Services to collect any market research;
  8. use automated means, including spiders, robots, crawlers, or data mining tools, to download or scrape data from the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
  9. make any automated use of the Site, the Services or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our technical infrastructure;
  10. post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Hyve Services;
  11. interfere with the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
  12. post or upload images, content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
  13. violate any laws or for any illegal purpose or illegal transfer of funds, including, without limitation, for acts in violation of any laws governing theft, wire fraud, money laundering, conversion and any other law or regulation;
  14. falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
  15. upload, post, email, transmit or otherwise make available any content, or initiate communications which include information, that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  16. upload, post, email, transmit or otherwise make available any content, or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
  17. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. This prohibition includes but is not limited to: (a) using the Hyve Services to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using the Hyve the Hyve Services to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
  18. upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  19. stalk or harass anyone; or
  20. post content in fields that are not intended for that content. Example: Putting an address in a name or title field.

SITE DATA AND PRIVACY. You understand that by using the Services You agree to the collection, use and disclosure of Personal Information and aggregate data we collect from your use of the Services ("Site Data") as set forth in our Privacy Policy and to have Personal Information and Site Data collected, used, transferred to and processed in the United States. You grant us a non-exclusive, worldwide, royalty-free, fully paid, sublicensable and transferable license to use, modify, distribute, copy, and create derivative works from Site Data for the purposes identified in these Terms. Hyve uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use Personal Information for improper purposes. Your use of the Banking Services and Investment Services are subject to the privacy policies of our Providers.

THIRD-PARTY LINKS AND INFORMATION. The Services may contain links to websites owned by third parties. Such links are provided solely as resources and as a convenience to our users. These links, and any associated content, are not intended to be an endorsement, recommendation, or referral for any website or third party, and we are not responsible nor do we make representation for any content, information, security practices, or privacy policies for these websites and/or third parties. If you, as a user of the Services, decide to access any third-party website using links from the Services, you do so at your own risk. You are expected to independently assess whether information and resources from any website, including ours, will meet your needs.

If you are directed to the Services from a non-affiliated third-party, you acknowledge that Hyve does not make any representations or warranties regarding any non-affiliated third-party, the content of their site, or any acknowledgements you make by using a non-affiliated third party’s site.

TERM, TERMINATION, AND MODIFICATION OF SERVICES.

TERMINATION AND MODIFICATION BY HYVE. We may terminate these Terms, or suspend your Account, by providing You notice at our sole discretion. 

We are always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any content from the Services at any time, for any reason, in our sole discretion and without notice.

TERMINATION BY YOU. You may terminate these Terms by paying all amounts You owe and providing notice to us; except that You will still be responsible for any charges, fees, fines, and other losses caused by your action or inaction prior to terminating these Terms. Please refer to our Privacy Policy, as well as these Terms, to understand how we treat information you provide to us after you have stopped using our Services. If you have deleted your account by mistake, contact us immediately via email (support@letshyve.com) or phone call (+1 (877) 566-6420).

GENERAL TERMS.

ASSIGNMENT. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Hyve without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

NOTIFICATIONS AND CHANGES TO THE TERMS. We may provide You notices under these Terms electronically through your account, e-mail, and via text or SMS to the phone numbers provided to us by You. If You sign up to receive certain Hyve notifications or information via text or SMS, You may incur additional charges from your wireless provider for these notices. You agree that You are solely responsible for any such charges. Notices affecting the terms of these Terms will be sent to You and are considered received the moment they are sent. Notices may include alerts about the Services, your Hyve Account, and your Deposit Account and may provide You the ability to respond with information about Deposit Account transactions or your Hyve Account. You may disable notification preferences to limit the use of certain Service features or to decrease financial risks to the Company. You are required to maintain a regularly updated web browser, and computer and mobile device operating systems to receive notices correctly. You will be responsible for all costs imposed by internet or mobile service providers for sending or receiving notices electronically. Contact us immediately via email (support@letshyve.com) or phone call (+1 (877) 566-6420) if You are having trouble receiving notices from us.

ENTIRE AGREEMENT / SEVERABILITY. These Terms, together with any amendments and any additional agreements You may enter into with Hyve in connection with the Services, shall constitute the entire agreement between You and Hyve concerning your Hyve Account and the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

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

LEGAL AND REGULATORY RESPONSES. We may respond to and comply with any subpoenas, warrants, liens, or any other legal order we receive related to your use of the Services. We are not responsible to You for any losses You incur due to our response to such legal order. We may hold funds, provide information as required by the issuer of the legal order, or take any other actions we believe are required of us under legal orders. Where permitted, we will provide You with reasonable notice that we have received such an order.

THIRD-PARTY BENEFICIARIES. You and Hyve agree that there are no third-party beneficiaries intended under these Terms.

FORCE MAJEURE. If the performance of any part of these Terms by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, epidemic, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

CONFLICTS OF INTEREST. Hyve or affiliated entities may derive direct or indirect economic benefits from services or products made available via Hyve’s Services. Such a situation could potentially constitute a conflict of interest with an impact on the objectivity of the recommendation of the entity providing investment advice.

GOVERNING LAW; FORUM FOR DISPUTES. These Terms, and your relationship with Hyve under these Terms, shall be governed by the laws of the State of Delaware without regard to conflicts of law principles. Any dispute with Hyve, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively through arbitration as set forth in the Section below, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Hyve may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Hyve is able to offer the Services on the terms designated. Your assent to this provision is an indispensable consideration to these Terms.

AGREEMENT TO ARBITRATE. Please read carefully.  This Arbitration Agreement is part of the Terms of Use.

BINDING ARBITRATION CLAUSE AND JURY TRIAL WAIVER

INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

 

Unless prohibited by federal law, you and Hyve agree to arbitrate all Claims through BINDING INDIVIDUAL ARBITRATION, as explained below. The term "Claim" means any action, dispute, claim, or controversy of any kind arising out of, in connection with or in any way related to the Terms of Use or the Services, including without limitation any aspect whatsoever of the past, present, or future relationship or conduct of the Parties. The term "Claim" includes, without limitation: claims under federal or state consumer protection laws; claims in tort or contract; claims under statutes or common law; claims at law or in equity; or other past, present, or future claims, counterclaims, cross-claims, third party claims, interpleaders or otherwise.

Notwithstanding the foregoing, however, the Parties agree that any claim relating to the applicability of this arbitration agreement or arbitrability of any Claim shall be decided by a court of competent jurisdiction rather than the arbitrator, including but not limited to any claim that all or any part of this arbitration agreement is void, voidable, or unconscionable.

Background and Scope.

What is binding arbitration?

An alternative to court. In binding arbitration, a neutral third party (an “Arbitrator”) resolves Claims in a hearing. In any arbitration, neither you nor Hyve will be able to have a court or jury trial or participate in a class action or class arbitration.

Is it different from court and jury trials?

Yes. The hearing is private and less formal than court. Other rights that either Party would have in court will not be available or will be more limited in arbitration, including the right to appeal. The arbitrator’s decision shall be final and binding.

Who does the Arbitration Agreement cover?

Me, Hyve, and Others. This Arbitration Agreement covers all parties involved in any Claims, such as heirs, successors, assigns, employees, agents, vendors, and other third parties.

What types of disputes are covered? 

All Claims. Hyve and you agree to arbitrate any and all Claims. The Parties each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so.

Are you waiving rights? 

Yes. You waive your rights to:

  1. Have a jury resolve Claims.
  2. Have a court resolve Claims.
  3. Serve as a private attorney general or in a representative capacity.
  4. Be in a class action.

Are you waiving class action rights?

Yes. Hyve and you each understand and agree that by requiring each other to resolve all disputes through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties unless all parties, including Hyve, agree in writing.
Only a court, and not an arbitrator, shall determine the validity, scope, and effect of this Arbitration Agreement.

What law applies?

The Federal Arbitration Act. This Arbitration Agreement involves interstate commerce. It shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). The Arbitrator may decide all issues relating to the merits of Claims, including among other things whether the governing law provisions in the Terms of Use are enforceable.

What is the first step in trying to resolve Claims?

Please write to Hyve. Hyve wants to address your concerns without needing a formal legal case. Before either Party is allowed to file a Claim, we each agree to try to resolve the dispute informally. you may do this by emailing or writing to Hyve. You understand that you need to describe the details of your Claim and how you would like Hyve to resolve it. Hyve will try to resolve the dispute informally. If a dispute is not resolved within fifteen (15) days of receipt of written notice, either you or Hyve may start arbitration. To start arbitration, either Party may contact one of the arbitration groups listed below. Settlement offers are confidential. Neither you nor Hyve are allowed to disclose settlement offers to the arbitrator during arbitration.

How should you contact Hyve?

By mail or telephone. Send mail to Hyve at support@letshyve.com. Call Hyve at 1-877–566-6420.

Will this Arbitration Agreement continue to govern?

Yes, unless the class action waiver and class arbitration provision is deemed to be invalid or not enforceable.
This Arbitration Agreement will survive the termination of the Terms of Use. It will survive your fulfillment or default of your obligations. It will survive either Party’s bankruptcy or insolvency to the extent permitted by applicable law. Notwithstanding anything else in the Terms of Use, if the class action waiver or class arbitration waiver is found to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any other portion of this Arbitration Agreement is found invalid or unenforceable, it shall not invalidate the rest of this Arbitration Agreement. 

Process.

How does arbitration start?

Mailing a notice. After trying to resolve Claims informally, either Party may mail the other a request to arbitrate. The notice should describe the Claims and relief sought. The receiving Party must mail a response within thirty (30) days. If you mail the request to arbitrate, you may choose between the arbitration providers listed below. If related third parties or Hyve mails the request to arbitrate, you must respond in thirty (30) days. My response must choose between the arbitration providers listed below. If it does not, Hyve may choose the arbitration provider.

Who arbitrates?

AAA, JAMS, or an arbitrator we both agree to.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) or JAMS pursuant to the applicable AAA or JAMS consumer rules in effect when the arbitration is initiated. You may obtain information about arbitration and fees from AAA by calling 800-778-7879 or visiting www.adr.org or from JAMS by calling 800-352-5267 or visiting www.jamsadr.com. If AAA and JAMS are unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the Parties agree upon in writing. If the Parties cannot agree on another arbitration organization or arbitrator, then an arbitrator may be appointed by a court pursuant to Section 5 of the FAA.

Will the hearing be held nearby?

Yes. For your convenience, the arbitration hearing will take place remotely via the applicable virtual hearing processes of the AAA or JAMS. If for some reason a virtual hearing is unavailable through either AAA or JAMS, the arbitration hearing will be held in the state of New York.

Will Hyve advance arbitration fees?

No. The Party filing the arbitration is expected to cover the filing fee, and the Parties will split all other arbitration fees and costs (e.g., the hearing fee and the fees charged by the arbitrator). Each Party will pay its own attorneys’ fees and expenses.

Are damages and attorney fees possible?

Yes, if allowed. The arbitrator may award the same damages as a court. This includes statutory, punitive, or treble damages if allowed by state or federal law. Arbitrators may award reasonable attorneys’ fees and expenses if allowed by state or federal law. A Party may not recover its attorneys’ fees and costs in arbitration unless the arbitrator decides that the other Party’s Claim is frivolous and the arbitration rules allow it.

Is injunctive relief possible?

Yes, but only between the Parties. The arbitrator may award injunctive relief in favor of the individual Party seeking relief, but not in favor of others. The arbitrator may not award class, representative, or public injunctive relief.

If a court decides that these limits on public injunctive relief are not enforceable, then after any and all appeals from that decision have been exhausted, the Claim for public injunctive relief must be severed from the arbitration. The Claim for public injunctive relief may then be brought in court after arbitration of the remaining Claims is completed.

Can an award be explained?

Yes. Either Party may request that the arbitrator explain his or her decision in writing, if such a request is made within fourteen (14) days of the decision. The Party requesting a written explanation is responsible for paying any additional fees required due to such request.

Can an award be enforced?

Yes. Either Party may seek to confirm, vacate, modify, or correct an arbitration award, in accordance with Sections 9-11 of the FAA, in the United States District Court for the federal judicial district where you live.

Other Options.

If you don’t want to arbitrate, can you participate in the Services?

Yes. You can get Hyve’s services and decide not to arbitrate.
Consider these choices:

  1. Informal Dispute Resolution. Contact Hyve if an issue arises with respect to the Services and attempt to settle any Claims.
  2. Opt-Out of Arbitration. Agree to the Terms of Use and then opt out of the Arbitration Agreement within sixty (60) days, as explained below.
  3. Court. Seek to resolve Claims in court, within the limits of applicable law.

Can you opt-out of the Arbitration Agreement?

Yes. Within 60 days. YOU MAY REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to arbitrate Claims, you must notify Hyve in writing within sixty (60) days after you agree to the Terms of Use. You must send your request to Hyve via email, at arbitration@letshyve.com. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in the Terms of Use.” If you reject arbitration, the other terms of this Terms of Use shall remain in full force and effect as if you had not rejected arbitration.

BANKING DISCLOSURES.

ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT. The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your Account(s). There may be limitations on Hyve Account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Account.

DEFINITIONS: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that You have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your Hyve Account.

YOUR LIABILITY: Authorized Transfers: You are liable for all Electronic Fund Transfers that You authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if You believe your Account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Notify us immediately by contacting us via email (support@letshyve.com) or phone call (+1 (877) 566-6420) to keep your possible losses to a minimum. You could lose all the money in your Account(s). If You tell us within two (2) business days after learning of the loss or theft of your Account access device, or after learning of any other unauthorized transfers from your Account involving your Account access device, You can lose no more than USD 50 if Electronic Fund Transfers are made without your permission. For these transactions, if You DO NOT tell us within two (2) business days after learning of the loss, theft, or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if You had told us in time, You could lose as much as USD 500. In addition, if your periodic Account statement shows unauthorized transfers and You DO NOT tell us within sixty (60) days after the statement was delivered to You, You may not get back any money You lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if You had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents You from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this section may be extended for a reasonable period.

CANCELLATION OF TRANSACTIONS. Hyve reserves the right to cancel or suspend transactions due to fraud or compliance related concerns, whether raised by Hyve, Synapse, a Partner Bank, or otherwise.  

BANKING SERVICES SOFTWARE PROVIDER. The Bank Services are provided through our banking software provider, Synapse. To report a complaint relating to the bank services, send an email to support@letshyve.com

 

END OF TERMS

 

Referral and Rewards Promotion Terms and Conditions

 

By participating in the hyve Referral and Rewards Program you are agreeing to the hyve Referral and Rewards Agreement.

 

The hyve Referral and Rewards Program consists of limited-time promotional offerings. Please review the offerings below to see which promotions are available to you under the hyve Referral and Rewards Program at the time you make referrals.

Hyve x Decade Investor –Earn $20 for funding your first goal

The Reward

Each eligible hyve user that completes their initial account setup through the Decade Investor referral link, creates their first goal, and deposits $5 or more within their first thirty days of joining during the promotional period (September 25 – October 1, 2023) in accordance with the eligibility criteria below, will receive a $20 bonus by hyve toward one of their goals. This reward is limited to the one time and in accordance with the hyve Referral and Rewards Program Agreement.

 

Eligibility

You are eligible to receive for this reward a one-time funding of $20 in a goal after (1) signing up during the promotional period (September 25 – October 1, 2023) for a new hyve account through the Decade Investor referral link; (2) complete an initial $5 funding in a hyve goal from a linked bank account funding source within fourteen (30) days after the end of the Promotional Period; and (3) maintain their account in good standing for 30 days following the settlement of their first goal funding. Anyone who earns a reward under this promotion will only receive such reward if their hyve account are verified, they have completed the Know Your Customer (“KYC”) process, have a linked funding source of which they are the owner, and are in good standing with hyve at all times between meeting the eligibility criteria and the time the reward is invested. At hyve’s discretion, we can waive these requirements. Hyve reserves the right to request additional documentation for identity and/or bank account verification before issuing payments.

 

Important Risk Disclosures and Additional Information

This promotion is a limited time offer. Investing involves risk including the loss of principal. Investment advisory services provided by Hyve Invest, LLC (“hyve”), an SEC-registered investment advisor. Brokerage services are provided to clients of hyve by Alpaca Securities LLC, an SEC-registered broker-dealer and member FINRA/SIPC. Securities in your account protected up to $500,000. For details, please see www.sipc.org. Investments are not FDIC insured and may lose value. Please consider your objectives, risk tolerance, and hyve’s fees before investing. hyve reserves the right to restrict or revoke any and all offers at any time. Past performance is not a guarantee of future results. Hyve reserves the right to restrict, revoke or change this offer at any time at its discretion. Hyve reserves the right to request additional documentation for identity and/or bank account verification before issuing payments. Hyve may provide other offers to other customers during the same promotional period. Your reward will be calculated based on the offer and promotional terms presented to you when you qualify to receive it. You will only receive one referral reward, the one offered to you in the terms of this promotion, for each qualifying referral if there are multiple Hyve referral rewards offered during the same promotional period. Hyve is not responsible for any failure on your part to maintain your account in good standing or otherwise meet standards for qualifying for this promotion. This promotion only applies to referrals of new Hyve customers. For the avoidance of doubt, if either you or the customer you refer is ineligible for the reward under this promotion, neither party will receive the reward. Referral awards are made at the sole discretion of Hyve. All referrals must be made in accordance with the Hyve Referral and Rewards Program Agreement. You can also receive additional rewards under other promotional offers that may be available at the same time as this promotion unless it is specifically excluded by such other promotion. Securities in your investment account(s) protected up to $500,000. For details, please see www.sipc.org. Hyve is not a bank. Deposit accounts and related banking services are offered through Synapse Financial Technologies, Inc. and its affiliates (collectively, “Synapse”), a list of which can be found at https://synapsefi.com/list-of-program-banks. Copyright © 2023 Hyve and/or its affiliates.

 

hyve – Weekly Referral Contest - $1000 referral promotion – Week of September 25, 2023

hyve will give away a total of $1000 to the top three users ($500 to first place, $350 to second place and $150 to third place) with the most referrals during the Promotion Period. Friends must be a new hyve customer, must complete registration between 12:00 am EST 9/25/2023 and 11:59pm EST 10/1/2023 (the Promotional Period), each have a verified account in good standing, complete ID verification, and maintain their account in good standing for at least 30 days from the last day of the Qualification Period. Bonuses will be added to a goal within 30 days once hyve verifies all eligibility criteria have been met. Referral awards are made at the sole discretion of hyve. All referrals must be made in accordance with the hyve Referral and Rewards Agreement and Referral and Rewards Promotion Terms and Conditions. Limit one Bonus per Referrer. 

 

Rewards for inviting friends to join hyve are a limited time offer. Rewards are in the form of a contribution to one of your existing goals on hyve. At the end of the Promotion Period hyve will determine the user with the most referrals. If all accounts remain in good standing for at least 30 days from the end of the Qualification Period, hyve will make a contribution to an existing goal within 60 days. To be eligible for the reward, the persons you refer must be new customers and use your personal invitation code or referral link when they sign up during the Promotional Period. A new customer means a natural person who has never begun signing up for hyve before. hyve defines an account in good standing as a verified account with a linked funding source that is owned by the Referee for the account and a successful investment. Hyve reserves the right to restrict or revoke this offer at any time.  Hyve may provide other offers to other customers during the same promotional period. Your reward will be calculated based on the offer and promotional terms presented to you when you qualify to receive it.  Anyone who earns a reward under this promotion will only receive such reward if their hyve account is verified and in good standing with hyve at all times between meeting the eligibility criteria and the time the reward is invested. At hyve’s discretion, we can waive these requirements.

 

This promotion is a limited time offer. Investing involves risk including the loss of principal. Investment advisory services provided by Hyve Invest, LLC (“hyve”), an SEC-registered investment advisor. Brokerage services are provided to clients of hyve by Alpaca Securities LLC (“Alpaca”), an SEC-registered broker-dealer and member FINRA/SIPC. Securities in your account protected up to $500,000. For details, please see www.sipc.org. Investments are not FDIC insured and may lose value. Please consider your objectives, risk tolerance, and hyve’s fees before investing. hyve reserves the right to restrict or revoke any and all offers at any time. Past performance is not a guarantee of future results. hyve reserves the right to restrict, revoke or change this offer at any time at its discretion. Hyve reserves the right to request additional documentation for identity and/or bank account verification before issuing payments. hyve may provide other offers to other customers during the same promotional period. Your reward will be calculated based on the offer and promotional terms presented to you when you qualify to receive it. Hyve is not responsible for any failure on your part to maintain your account in good standing or otherwise meet standards for qualifying for this promotion. This promotion only applies to referrals of new hyve customers. For the avoidance of doubt, if either you or the customer you refer is ineligible for the reward under this promotion, neither party will receive the reward. Referral awards are made at the sole discretion of hyve. All referrals must be made in accordance with the hyve Referral and Rewards Program Agreement. You can also receive additional rewards under other promotional offers that may be available at the same time as this promotion unless it is specifically excluded by such other promotion. Hyve is not a bank. Certain services are offered through Synapse Financial Technologies, Inc. and its affiliates (collectively, “Synapse”). Synapse is not a bank and is not affiliated with hyve. Cash management programs are provided through Synapse Brokerage LLC (“Synapse Brokerage”), an SEC-registered broker-dealer and member of FINRA and SIPC. Additional information about Synapse Brokerage can be found on FINRA’s BrokerCheck. See Synapse Terms of Service, Privacy Policy, and the applicable disclosures and agreements available in Synapse’s Disclosure Library for more information. The Partner Financial Institution(s) participating in a Synapse cash management program can be found in the List of Program Banks.

hyve – Weekly Referral Contest - $500 to user with most referrals– Week of September 18, 2023

Friends must be a new hyve customer, must complete registration between 12:00 am EST 9/18/2023 and 11:59pm EST 9/24/2023 (the Promotional Period), each have a verified account in good standing, complete ID verification, and maintain their account in good standing for at least 30 days from the last day of the Qualification Period. Bonuses will be added to a goal within 30 days once hyve verifies all eligibility criteria have been met. Referral awards are made at the sole discretion of hyve. All referrals must be made in accordance with the hyve Referral and Rewards Agreement and Referral and Rewards Promotion Terms and Conditions. Limit one Bonus per Referrer. 

 

Rewards for inviting friends to join hyve are a limited time offer. Rewards are in the form of a contribution to one of your existing goals on hyve. At the end of the Promotion Period hyve will determine the user with the most referrals. If all accounts remain in good standing for at least 30 days from the end of the Qualification Period, hyve will make a contribution to an existing goal within 60 days. To be eligible for the reward, the persons you refer must be new customers and use your personal invitation code or referral link when they sign up during the Promotional Period. A new customer means a natural person who has never begun signing up for hyve before. hyve defines an account in good standing as a verified account with a linked funding source that is owned by the Referee for the account and a successful investment. Hyve reserves the right to restrict or revoke this offer at any time.  Hyve may provide other offers to other customers during the same promotional period. Your reward will be calculated based on the offer and promotional terms presented to you when you qualify to receive it.  Anyone who earns a reward under this promotion will only receive such reward if their hyve account is verified and in good standing with hyve at all times between meeting the eligibility criteria and the time the reward is invested. At hyve’s discretion, we can waive these requirements.

 

This promotion is a limited time offer. Investing involves risk including the loss of principal. Investment advisory services provided by Hyve Invest, LLC (“hyve”), an SEC-registered investment advisor. Brokerage services are provided to clients of hyve by Alpaca Securities LLC (“Alpaca”), an SEC-registered broker-dealer and member FINRA/SIPC. Securities in your account protected up to $500,000. For details, please see www.sipc.org. Investments are not FDIC insured and may lose value. Please consider your objectives, risk tolerance, and hyve’s fees before investing. hyve reserves the right to restrict or revoke any and all offers at any time. Past performance is not a guarantee of future results. hyve reserves the right to restrict, revoke or change this offer at any time at its discretion. Hyve reserves the right to request additional documentation for identity and/or bank account verification before issuing payments. hyve may provide other offers to other customers during the same promotional period. Your reward will be calculated based on the offer and promotional terms presented to you when you qualify to receive it. Hyve is not responsible for any failure on your part to maintain your account in good standing or otherwise meet standards for qualifying for this promotion. This promotion only applies to referrals of new hyve customers. For the avoidance of doubt, if either you or the customer you refer is ineligible for the reward under this promotion, neither party will receive the reward. Referral awards are made at the sole discretion of hyve. All referrals must be made in accordance with the hyve Referral and Rewards Program Agreement. You can also receive additional rewards under other promotional offers that may be available at the same time as this promotion unless it is specifically excluded by such other promotion. Hyve is not a bank. Certain services are offered through Synapse Financial Technologies, Inc. and its affiliates (collectively, “Synapse”). Synapse is not a bank and is not affiliated with hyve. Cash management programs are provided through Synapse Brokerage LLC (“Synapse Brokerage”), an SEC-registered broker-dealer and member of FINRA and SIPC. Additional information about Synapse Brokerage can be found on FINRA’s BrokerCheck. See Synapse Terms of Service, Privacy Policy, and the applicable disclosures and agreements available in Synapse’s Disclosure Library for more information. The Partner Financial Institution(s) participating in a Synapse cash management program can be found in the List of Program Banks.

 

 

hyve – Refer more, earn more – Earn $5 for each referral

The Reward

Each time someone new joins hyve, completes their initial account setup, creates their first goal, and deposits $5 or more within their first thirty days of joining using your personal invitation code or referral link that you shared with them during the promotional period (September 5 – September 31, 2023) in accordance with the eligibility criteria below, you will receive a $5 investment by hyve in your toward one of your goals. These rewards will be made each time you and your referral meet the eligibility criteria below in accordance with the hyve Referral and Rewards Program Agreement.

 

Eligibility

You are eligible to receive for this reward each time a new hyve customer, meaning a natural person who has never begun signing up for hyve before, (1) uses your personal invitation code or referral link that you shared with them during the promotional period (September 5 – September 31, 2023) when they sign up for a new hyve account; (2) complete an initial $5 funding in a hyve goal from a linked bank account funding source within fourteen (30) days after the end of the Promotional Period; and (3) maintain their account in good standing for 30 days following the settlement of their first goal funding. Anyone who earns a reward under this promotion will only receive such reward if their hyve account are verified, they have completed the Know Your Customer (“KYC”) process, have a linked funding source of which they are the owner, and are in good standing with hyve at all times between meeting the eligibility criteria and the time the reward is invested. At hyve’s discretion, we can waive these requirements. Hyve reserves the right to request additional documentation for identity and/or bank account verification before issuing payments.

 

Important Risk Disclosures and Additional Information

This promotion is a limited time offer. Investing involves risk including the loss of principal. Investment advisory services provided by Hyve Invest, LLC (“hyve”), an SEC-registered investment advisor. Brokerage services are provided to clients of hyve by Alpaca Securities LLC, an SEC-registered broker-dealer and member FINRA/SIPC. Securities in your account protected up to $500,000. For details, please see www.sipc.org. Investments are not FDIC insured and may lose value. Please consider your objectives, risk tolerance, and hyve’s fees before investing. hyve reserves the right to restrict or revoke any and all offers at any time. Past performance is not a guarantee of future results. Hyve reserves the right to restrict, revoke or change this offer at any time at its discretion. Hyve reserves the right to request additional documentation for identity and/or bank account verification before issuing payments. Hyve may provide other offers to other customers during the same promotional period. Your reward will be calculated based on the offer and promotional terms presented to you when you qualify to receive it. You will only receive one referral reward, the one offered to you in the terms of this promotion, for each qualifying referral if there are multiple Hyve referral rewards offered during the same promotional period. Hyve is not responsible for any failure on your part to maintain your account in good standing or otherwise meet standards for qualifying for this promotion. This promotion only applies to referrals of new Hyve customers. For the avoidance of doubt, if either you or the customer you refer is ineligible for the reward under this promotion, neither party will receive the reward. Referral awards are made at the sole discretion of Hyve. All referrals must be made in accordance with the Hyve Referral and Rewards Program Agreement. You can also receive additional rewards under other promotional offers that may be available at the same time as this promotion unless it is specifically excluded by such other promotion. Securities in your investment account(s) protected up to $500,000. For details, please see www.sipc.org. Hyve is not a bank. Deposit accounts and related banking services are offered through Synapse Financial Technologies, Inc. and its affiliates (collectively, “Synapse”), a list of which can be found at https://synapsefi.com/list-of-program-banks. Copyright © 2023 Hyve and/or its affiliates.

 

hyve –Earn $5 for funding your first goal

The Reward

Each eligible hyve user that completes their initial account setup, creates their first goal, and deposits $5 or more within their first thirty days of joining during the promotional period (September 5 – September 31, 2023) in accordance with the eligibility criteria below, you will receive a $5 investment by hyve in your toward one of your goals. Theis reward is limited to the one time and in accordance with the hyve Referral and Rewards Program Agreement.

 

Eligibility

You are eligible to receive for this reward a one-time funding of $5 in a goal after (1) signing up during the promotional period (September 5 – September 31, 2023) for a new hyve account; (2) complete an initial $5 funding in a hyve goal from a linked bank account funding source within fourteen (30) days after the end of the Promotional Period; and (3) maintain their account in good standing for 30 days following the settlement of their first goal funding. Anyone who earns a reward under this promotion will only receive such reward if their hyve account are verified, they have completed the Know Your Customer (“KYC”) process, have a linked funding source of which they are the owner, and are in good standing with hyve at all times between meeting the eligibility criteria and the time the reward is invested. At hyve’s discretion, we can waive these requirements. Hyve reserves the right to request additional documentation for identity and/or bank account verification before issuing payments.

 

Important Risk Disclosures and Additional Information

This promotion is a limited time offer. Investing involves risk including the loss of principal. Investment advisory services provided by Hyve Invest, LLC (“hyve”), an SEC-registered investment advisor. Brokerage services are provided to clients of hyve by Alpaca Securities LLC, an SEC-registered broker-dealer and member FINRA/SIPC. Securities in your account protected up to $500,000. For details, please see www.sipc.org. Investments are not FDIC insured and may lose value. Please consider your objectives, risk tolerance, and hyve’s fees before investing. hyve reserves the right to restrict or revoke any and all offers at any time. Past performance is not a guarantee of future results. Hyve reserves the right to restrict, revoke or change this offer at any time at its discretion. Hyve reserves the right to request additional documentation for identity and/or bank account verification before issuing payments. Hyve may provide other offers to other customers during the same promotional period. Your reward will be calculated based on the offer and promotional terms presented to you when you qualify to receive it. You will only receive one referral reward, the one offered to you in the terms of this promotion, for each qualifying referral if there are multiple Hyve referral rewards offered during the same promotional period. Hyve is not responsible for any failure on your part to maintain your account in good standing or otherwise meet standards for qualifying for this promotion. This promotion only applies to referrals of new Hyve customers. For the avoidance of doubt, if either you or the customer you refer is ineligible for the reward under this promotion, neither party will receive the reward. Referral awards are made at the sole discretion of Hyve. All referrals must be made in accordance with the Hyve Referral and Rewards Program Agreement. You can also receive additional rewards under other promotional offers that may be available at the same time as this promotion unless it is specifically excluded by such other promotion. Securities in your investment account(s) protected up to $500,000. For details, please see www.sipc.org. Hyve is not a bank. Deposit accounts and related banking services are offered through Synapse Financial Technologies, Inc. and its affiliates (collectively, “Synapse”), a list of which can be found at https://synapsefi.com/list-of-program-banks. Copyright © 2023 Hyve and/or its affiliates.

 

hyve –Earn $5 the first time you support a friend

The Reward

Each eligible hyve user that completes their initial account setup, creates their first goal, and deposits $5 or more in a friend’s goal within their first thirty days of joining during the promotional period (September 5 – September 31, 2023) in accordance with the eligibility criteria below, you will receive a $5 investment by hyve in your toward one of your goals. Theis reward is limited to the one time and in accordance with the hyve Referral and Rewards Program Agreement.

 

Eligibility

You are eligible to receive for this reward a one-time funding of $5 in a goal after (1) signing up during the promotional period (September 5 – September 31, 2023) for a new hyve account; (2) complete an initial $5 funding in a hyve goal from a linked bank account funding source within fourteen (30) days after the end of the Promotional Period; (3) support a friend’s goal with a deposit of $5 or more; and (4) maintain their account in good standing for 30 days following the settlement of their first goal funding. Anyone who earns a reward under this promotion will only receive such reward if their hyve account are verified, they have completed the Know Your Customer (“KYC”) process, have a linked funding source of which they are the owner, and are in good standing with hyve at all times between meeting the eligibility criteria and the time the reward is invested. At hyve’s discretion, we can waive these requirements. Hyve reserves the right to request additional documentation for identity and/or bank account verification before issuing payments.

 

Important Risk Disclosures and Additional Information

This promotion is a limited time offer. Investing involves risk including the loss of principal. Investment advisory services provided by Hyve Invest, LLC (“hyve”), an SEC-registered investment advisor. Brokerage services are provided to clients of hyve by Alpaca Securities LLC, an SEC-registered broker-dealer and member FINRA/SIPC. Securities in your account protected up to $500,000. For details, please see www.sipc.org. Investments are not FDIC insured and may lose value. Please consider your objectives, risk tolerance, and hyve’s fees before investing. hyve reserves the right to restrict or revoke any and all offers at any time. Past performance is not a guarantee of future results. Hyve reserves the right to restrict, revoke or change this offer at any time at its discretion. Hyve reserves the right to request additional documentation for identity and/or bank account verification before issuing payments. Hyve may provide other offers to other customers during the same promotional period. Your reward will be calculated based on the offer and promotional terms presented to you when you qualify to receive it. You will only receive one referral reward, the one offered to you in the terms of this promotion, for each qualifying referral if there are multiple Hyve referral rewards offered during the same promotional period. Hyve is not responsible for any failure on your part to maintain your account in good standing or otherwise meet standards for qualifying for this promotion. This promotion only applies to referrals of new Hyve customers. For the avoidance of doubt, if either you or the customer you refer is ineligible for the reward under this promotion, neither party will receive the reward. Referral awards are made at the sole discretion of Hyve. All referrals must be made in accordance with the Hyve Referral and Rewards Program Agreement. You can also receive additional rewards under other promotional offers that may be available at the same time as this promotion unless it is specifically excluded by such other promotion. Securities in your investment account(s) protected up to $500,000. For details, please see www.sipc.org. Hyve is not a bank. Deposit accounts and related banking services are offered through Synapse Financial Technologies, Inc. and its affiliates (collectively, “Synapse”), a list of which can be found at https://synapsefi.com/list-of-program-banks. Copyright © 2023 Hyve and/or its affiliates.

Privacy Policy

for

HYVE and HYVE INVEST LLC

As of August 3, 2023

 

Thank you for choosing to be part of our community and work with Hyve, Inc (collectively "Hyve," "we," "us," "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at support@letshyve.com.

When you visit our website www.letshyve.com (the "Website"), use our mobile application, as the case may be (the "App") and more generally, use any of our services (the "Services", which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately. By accessing or using our Services, you agree to the terms of this privacy notice.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App), as well as any related services, sales, marketing or events. This privacy notice does not apply to information we may collect offline through any other means or to the information collected about you by any third party, including through any application or content (including advertising) that may link to or be accessible through our Services.

If you request or obtain any financial product or service from or through us, using this Site or otherwise, we will collect, use, protect, and share this type of information in accordance with our GLBA Privacy Notice. This Online Privacy Policy covers privacy matters that are not covered by our GLBA Privacy Notice, so you should read it carefully to understand our financial privacy practices and your options regarding this nonpublic personal information about you.

Our Site and online services are intended only for a United States audience. If you visit our Site and use our online services, you understand and agree your information may be processed in and transferred to the United States, subject to the terms of this Online Privacy Policy.

USE OF THIRD PARTIES. The Services are provided by Hyve, by affiliated entities, or by independent service providers. By accepting these terms you agree and accept the Terms, Policies, contracts and other documents of these affiliates or third parties, made on the Site and as you opt in for such Services. All third-party service providers are referenced collectively as “Third-Party Service Providers.” By agreeing to these Terms, you also agree to the terms, contracts, and policies of our Third-Party Service Providers as identified throughout the Services.

Hyve has contracted with Synapse Financial Technologies, Inc. (“Synapse”), a backend technology service provider that owns or otherwise has relationships with, (i) Synapse Brokerage LLC, an SEC-registered broker-dealer and member of FINRA and SIPC; and (ii) certain banks and financial institutions and service providers (each of the foregoing being a “Partner Financial Institution”). Among other services, Synapse conducts “Know Your Customer” requirements and other financial technology services. For purposes of satisfying “Know Your Customer” requirements, hyve asks for your identifying information, such as your name, email address, tax identification number, address, telephone number, date of birth, videos, and photographs that may contain images of your face, including your driver’s license or government-issued identification number or card. hyve will also collect information pertaining to your account transactions. Your personal information will be shared with Synapse and will be subject to the Synapse Privacy Policy. Synapse will share your information as necessary with its Partner Financial Institutions and other service providers in connection with providing their services. The privacy policies of Synapse, its affiliates and its Partner Financial Institutions can be found here.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect information that you provide by filling in forms through our Services. We collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; contact preferences; contact or authentication data; billing addresses; social security number; and other similar information.

Payment Data. We may collect data necessary to process your payment and otherwise programmatically access your bank account, such as your payment instrument token (such as a credit card number), and security codes or identifying IDs associated with your payment instrument. Payment data is collected by Plaid. By using Fynn, you consent to Plaid's End User Privacy Policy, which you may find here: https://plaid.com/legal#end-user-privacy-policy.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).

Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.

Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

Information collected from other sources

In Short: We may collect limited data from public databases, marketing partners, and other outside sources.

In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we may use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

To post testimonials. We may post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at support@letshyve.com and be sure to include your name, testimonial location, and contact information.

Request feedback. We may use your information to request feedback and to contact you about your use of our Services.

To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.

To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).

To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.

To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).

Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

In any other way we may describe when you provide the information.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data on our behalf about how you interact with our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

In any other context disclosed by us when you provide the information.

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

We share and disclose your information with the following categories of third parties:

  • Service providers that help with parts of our business operations, such as fraud prevention, servicing, collection, marketing, technology services, product development, and nonaffiliated financial institutions that we partner with to market or provide financial products or services to you;
  • Credit reporting agencies, as permitted by law;
  • Companies we may merge with or be acquired by, or companies where we may sell, divest or transfer all or a portion of our products and/or services;
  • Law enforcement, government officials, or other third parties when: (1) we are compelled to do so by a subpoena, court order or similar legal procedure; (2) we need to do so to comply with law; or (3) if we believe in good faith that the disclosure of your personal information is necessary to prevent harm or loss or to report suspected illegal activity; and
  • Other third parties, if you consent or direct us to do so, to fulfill the purpose for which you provided the information, or for any other purpose that we disclosed when you provided the information.

International disclosure of personal information: We are an international company, with offices in several countries. In some circumstances and for the purposes set out herein, we may disclose personal information to parties internationally, including our own offices located in other countries. The laws governing personal data protection vary and the country where your personal information is transferred may have different laws than those in the country in which you reside. We make all reasonable efforts to ensure that the arrangements we have in place with overseas parties impose appropriate privacy and confidentiality obligations on those parties to ensure that the personal information shared is kept secure and used only for the purposes noted herein.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

When you enter sensitive information, such as a credit card number or financial information, on our forms, we encrypt the transmission of that information using secure socket layer technology (SSL). The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at support@letshyve.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Log in to your account settings and update your user account.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

If you are a California resident, California law provides you with additional rights and choices related to your personal information. This California Privacy Rights section supplements other information in this Privacy Policy. This California Privacy Rights section applies only to Site visitors, users, and others who reside in the State of California. We are using this California Privacy Rights section to provide information required by the California Consumer Privacy Act of 2018 (“CCPA”), among other California laws.

If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

California Consumer Privacy Act (“CCPA”) Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.

All other individuals are defined as “non-residents.”

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We and our Site collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”).

Personal information does not include:

  • Publicly available information from government records;
  • Deidentified or aggregated consumer information; or Information excluded from the CCPA’s scope, including personal information covered by sector-specific privacy laws (for example, the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act).

In particular, we and our Site have collected the following categories of personal information in the past twelve (12) months:

A. Identifiers

Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name. Do we collect? YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Name, contact information, education, employment, employment history and financial information. Do we collect? YES

C. Protected classification characteristics under California or federal law

Gender and date of birth. Do we collect? YES

D. Commercial information

Transaction information, purchase history, financial details and payment information. Do we collect? YES

F. Internet or other similar network activity

Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements. Do we collect? NO

H. Audio, electronic, visual, thermal, olfactory, or similar information

Images and audio, video or call recordings created in connection with our business activities . Do we collect? YES

I. Professional or employment-related information

Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us. Do we collect? YES

K. Inferences drawn from other personal information

Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual's preferences and characteristics. Do we collect? YES

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;

Participation in customer surveys or contests; and

Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at support@letshyve.com or by referring to the contact details at the bottom of this document.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.

Hyve has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history and financial information.

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "WHO WILL YOUR INFORMATION BE SHARED WITH?"

Your rights with respect to your personal data

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to request deletion of the data - Request to delete

You can ask for the deletion of your personal information that we have collected and retained. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed - Request to know

Depending on the circumstances, you have a right to know:

whether we collect and use your personal information;

the categories of personal information that we collect;

the purposes for which the collected personal information is used;

whether we sell your personal information to third parties;

the categories of personal information that we sold or disclosed for a business purpose;

the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

the business or commercial purpose for collecting or selling personal information.

You also have a right to request the specific pieces of personal information we collected about you (also called a data portability request).

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights

We will not discriminate against you if you exercise your privacy rights. Exercising your Rights to Know or Delete

To exercise your rights to know described above, please submit a request by emailing us at support@letshyve.com or by mailing us at the contact information found below.

To exercise your rights to delete described above, please submit a request by emailing us at support@letshyve.com or by mailing us at the contact information found below.

Only you, or someone authorized to act on your behalf, may make a request to know or delete related to your personal information. You may only submit a request to know twice within a 12-month period.

Your request to know or delete must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will confirm receipt of your request to know or delete within 10 business days. If you do not receive confirmation within the 10-day timeframe, please contact support@letshyve.com. We will endeavor to substantively respond to your verifiable consumer request within 45 days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another without hindrance, specifically PDF, CSV, or EXCEL formats.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

you may object to the processing of your personal data

you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data

you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA. If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

At this time, we do not sell your personal information to third parties.

If you have a complaint about how we handle your data, we would like to hear from you by email at support@letshyve.com or by referring to the contact details at the bottom of this document.

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at support@letshyve.com or by post to:

Hyve, Inc.

430 Park Avenue

New York, NY 10022

If you need access to this notice in an alternative format due to having a disability, please contact us at +1 (877) 566-6420.

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. Unless as otherwise specified in this notice, to request to review, update, or delete your personal information, please contact us at: support@letshyve.com. We will respond to your request within 30 days, unless otherwise provided in this privacy notice.

Last updated: 10/10/2022