EmployerPlatformAgreement

You represent and warrant that (a) you have full corporate power and authority to enter into this Employer Agreement, (b) the individual accepting this Employer Agreement has authority to bind your organization, and (c) your acceptance does not violate any other agreement to which you are a party.

You may invite Authorized Users (HR staff, safety officers, supervisors, billing contacts) to access your Account in roles you assign. You are responsible for (a) the activities of your Authorized Users, (b) provisioning and de-provisioning their access promptly, and (c) ensuring each Authorized User uses the Services only for legitimate occupational health purposes consistent with your organization's policies and applicable law.

Paying through the platform is what enables BlueHive to coordinate scheduling, deliver results to your team, manage refunds and disputes, and stand behind the experience. Off-platform payment breaks that loop and is treated as a material breach (see Section 4).

Charges are processed by BlueHive's PCI-compliant payment processor. By providing payment information you authorize BlueHive to charge it for fees due, including recurring charges where applicable. Past-due amounts are subject to the late-fee terms in Section 9 of the Terms of Use.

For any Provider or Facility you are introduced to, identified through, or first engaged with via the Services, you agree that for the duration of that engagement and for twelve (12) months after the last visit you will (a) order, schedule, perform, and pay for occupational health services with that Provider or Facility exclusively through the Services, (b) not contact the Provider or Facility to arrange off-platform appointments, payments, or service substitutions, and (c) not solicit or accept any off-platform arrangement that would have been processed through the Services.

This Section does not apply to relationships you can document in writing as pre-dating your use of BlueHive. Violations entitle BlueHive to liquidated damages equal to the platform fees that would have been charged on the diverted volume, plus collection costs and reasonable attorneys' fees, as well as suspension or termination under Section 21 of the Terms of Use.

When you submit information about employees, candidates, contractors, or other examinees ("Examinees") to the Services, you represent and warrant that (a) you have the legal right and any required notice or consent under federal and state law (including ADA, GINA, FCRA where applicable, and analogous state statutes) to collect, use, and disclose that information for occupational health purposes, (b) the information is accurate at the time of submission, and (c) you will instruct Examinees to review and complete the Examinee Consent before any visit.

You are solely responsible for the lawful use of any results, fitness-for-duty determinations, or other information you receive through the Services in employment decisions.

Fees are set forth in your Order Form, on the published pricing page, or in your Account at the time of order. You agree to pay all fees for Services ordered under your Account, plus applicable taxes. Disputed charges must be raised in writing within 30 days of the invoice date; uncontested portions of an invoice remain payable on the original due date. Refunds, where issued, are processed through the original payment method.

Cancellation and no-show fees may apply per BlueHive policy and per the Provider's or Facility's posted policy.

Each party will protect the other's Confidential Information with at least the same care it uses to protect its own (and not less than reasonable care). Where the Services involve BlueHive's receipt, maintenance, or transmission of Protected Health Information (PHI) on your behalf, BlueHive acts as a Business Associate under HIPAA and the parties will execute the BlueHive standard Business Associate Agreement (BAA), which controls over this Employer Agreement with respect to PHI.

You agree to handle results, reports, and other Examinee information you receive through the Services in compliance with HIPAA, the ADA, GINA, the FCRA where applicable, and other federal and state law, including by limiting access to personnel with a legitimate need to know.

This Employer Agreement remains in effect for as long as you use the Services in an Employer capacity or have an active Order Form. Either party may terminate as set forth in Section 21 of the Terms of Use. BlueHive may suspend or terminate immediately, and may withhold further Services and pending results, on (a) breach of Section 3 (Pay Through the Platform) or Section 4 (Anti-Circumvention), (b) non-payment, (c) reasonable concern of misuse of Examinee information, or (d) requirement by law.

The disclaimers, indemnification, and limitation-of-liability provisions in Section 22 of the Terms of Use apply to this Employer Agreement and are incorporated by reference. BlueHive's aggregate liability under this Employer Agreement and the Terms of Use is subject to the cap stated in those Section 22 provisions.

This Employer Agreement is governed by the laws of the State of Delaware and is subject to the dispute-resolution provisions in Sections 23 and 24 of the Terms of Use, including the JAMS arbitration program, the 30-day informal-resolution period, the carve-outs for IP and equitable relief, the class-action and jury-trial waivers, and the 30-day arbitration opt-out.