Last update: 17.05.2024
Terms & Conditions
This Terms of Service (“Agreement”) is entered into by and between AI HIVE (“Company”) and the entity or person accessing or using the tailored software solutions provided by AI HIVE (“Customer”). This Agreement governs Customer’s access to and use of AI HIVE’s suite of customized software tools and related services. The “Effective Date” of this Agreement is the earlier of (a) Customer’s initial access to the Services following registration, provisioning, or delivery of the tailored software solutions or (b) the Effective Date specified in an applicable Order Form. By accessing or using the Services, Customer agrees to be bound by this Agreement. If Customer does not agree, they must not use the Services. AI HIVE may amend this Agreement as outlined in Section 13.4 (Amendments).
1. Definitions
1.1 “Accessible Software”: Individual software tools, applications, or platforms that are made available to the Customer as part of the tailored service package. 1.2 “Content”: Any data, code, designs, workflows, or deliverables created using the Accessible Software or provided by Customer for use in the Services. 1.3 “Documentation”: Any technical guides, manuals, instructions, or other resources provided by AI HIVE to support Customer’s use of the Accessible Software. 1.4 “Services”: The delivery of a customized set of Accessible Software tools and related support services designed to automate aspects of Customer’s business operations. 1.5 “Order Form”: A document or electronic agreement that specifies the tailored software solutions to be delivered by AI HIVE and the associated fees. 1.6 “Guarantee Period”: The 30-day period following the Effective Date during which the "Your Business Automated in 30 Days or 100% Refund" guarantee applies. 1.7 “User”: Any individual authorized by Customer to access and use the Accessible Software, including Customer’s employees or contractors. 1.8 “Customer Data”: All data, information, or materials provided by Customer or Users in connection with the Services.
2. License and use rights
2.1 Grant of License: AI HIVE grants Customer a non-exclusive, non-transferable license to use the Accessible Software during the Term for internal business purposes in accordance with the Documentation and this Agreement. 2.2 Access Provisioning: AI HIVE will provide access credentials, installation files, and/or relevant provisioning for the Accessible Software. Customer is responsible for ensuring its Users comply with all security protocols and access limitations. 2.3 Customer Responsibilities: Customer must: - Provide all information, data, and access necessary for AI HIVE to configure and deliver the tailored software solutions. - Ensure all Users comply with the terms of this Agreement and any applicable Documentation. - Maintain the confidentiality and security of all provided credentials. 2.4 Restrictions: Customer may not (a) sublicense, transfer, or resell the Accessible Software; (b) reverse-engineer, decompile, or modify the Accessible Software except as explicitly allowed by AI HIVE; or (c) use the Accessible Software in violation of any applicable law or regulation.
3. Guarantee: Business Automated in 30 Days
3.1 Guarantee: AI HIVE guarantees that the tailored set of software solutions will automate agreed-upon aspects of Customer’s business operations within 30 days from the Effective Date (“Guarantee Period”). If this goal is not achieved, Customer may request a refund of 100% of the fees paid for the Services. 3.2 Eligibility: To qualify for the refund, Customer must: - Provide all required data, information, and access necessary to configure and deliver the tailored software solutions within the Guarantee Period. - Notify AI HIVE of any delays, issues, or unmet requirements during the Guarantee Period. 3.3 Exclusions: The refund guarantee does not apply if delays are caused by Customer’s failure to provide necessary information, respond to requests, or fulfill other obligations outlined in this Agreement.
4. Fees and Payment
4.1 Fees: Customer agrees to pay all fees outlined in the applicable Order Form. 4.2 Refunds: Refunds are only provided under the terms of the Guarantee in Section 3. Fees are otherwise non-refundable. 4.3 Taxes: All fees are exclusive of applicable taxes. Customer agrees to pay any such taxes, except for taxes based on AI HIVE’s income.
5. Customer Data
5.1 Ownership: Customer retains ownership of all Customer Data provided to AI HIVE. 5.2 License to Use Data: Customer grants AI HIVE a non-exclusive license to use Customer Data solely for configuring and delivering the Services. 5.3 Data Security: AI HIVE will implement reasonable safeguards to protect Customer Data from unauthorized access, use, or disclosure.
6. Intellectual Property
6.1 Ownership: AI HIVE retains all rights, title, and interest in the Accessible Software, Services, and any improvements or modifications made during the Term. 6.2 Customer Feedback: Any feedback provided by Customer may be used by AI HIVE to improve the Services without obligation or compensation.
7. Confidentiality
7.1 Confidential Information: Both parties agree to maintain the confidentiality of non-public information exchanged under this Agreement. 7.2 Exclusions: Confidential Information does not include information that is publicly available or independently developed without breach of this Agreement.
8. Term and Termination
8.1 Term: This Agreement begins on the Effective Date and remains in effect until terminated by either party or expiration of the subscription. 8.2 Termination for Cause: Either party may terminate this Agreement for material breach by the other party if the breach is not remedied within 30 days of notice. 8.3 Effect of Termination: Upon termination, Customer must cease using the Accessible Software, and AI HIVE will revoke access credentials.
9. Warranties and Disclaimers
9.1 Performance Warranty: AI HIVE warrants that the Services will perform substantially as described in the Documentation during the Term. 9.2 Disclaimer: Except as expressly provided, the Services and Accessible Software are provided “as is,” and AI HIVE disclaims all other warranties, including implied warranties of merchantability or fitness for a particular purpose.
10. Limitation of Liability
10.1 Limitation: AI HIVE’s liability under this Agreement is limited to the fees paid by Customer in the 12 months preceding the claim. 10.2 Exclusion of Damages: AI HIVE is not liable for indirect, incidental, or consequential damages arising from this Agreement.
11. Governing Law and Dispute Resolution
11.1 Governing Law: This Agreement is governed by the laws of the United States and the state of Delaware, without regard to conflict of law principles. 11.2 Dispute Resolution: Any disputes under this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
12. Amendments
AI HIVE may update this Agreement with written notice to Customer. Continued use of the Services constitutes acceptance of the revised terms.
13. Entire Agreement
This Agreement, along with any Order Forms or supplemental documents, constitutes the entire agreement between the parties and supersedes prior agreements.