Terms and Conditions

These terms and conditions of service (the "Terms of Service") describe your rights and responsibilities when accessing and/or using our platform (the "Platform"), and the related support and maintenance services (altogether, the "Services"). They govern the relationship between Hive65 ("we", "us", "Hive65") and you, acting on your own behalf or on behalf of the legal entity you represent, as a natural person (the "Customer").

You accept that these Terms of Service govern your use of the Services, and you agree to be fully bound by them as soon as you use any of the Services. Therefore, please read them carefully before using the Services.

If you do not have authority to act on behalf of the Customer, or if you do not agree with these Terms of Service, you must not accept the Terms of Service and you shall not use the Services. Any suspected fraudulent, abusive, or illegal activity may be referred to law enforcement authorities at our sole discretion.

Please note that Hive65 reserves the right to modify these Terms of Service at any time without prior notice. In the event that any changes are made, the revised Terms of Service shall be posted on the Platform and become immediately applicable to its use. Therefore, please check the latest information posted herein to stay informed of any changes and continue using the Services only if you agree to the changes.

Services

• Subject to the Terms of Service, Hive65 hosts and maintains the Platform and makes it available to agents, employees, interns, providers, contractors or subcontractors of the Customer (who are, altogether with the Customer, referred to as "Users").
• The scope and object of the Services are described on Hive65's website and differ depending on the subscription chosen by the Customer.
• In as much as it will not cause adverse material effect on the availability of the Services, Hive65, in its sole discretion, may modify the features, functionalities or appearances of the Platform.

User Account Registration

• In order to access the Services, you are required to (i) create an account on the Platform, and (ii) agree to the Terms of Service.
• You may need to provide certain registration details or other information on your behalf or on behalf of other Users to access and use the Services. It is a condition of your access and use of the Services that all the information you provide is correct, current, and complete.

Subscription to the Services and Duration

• The Terms of Service shall enter into force automatically as of the first event following (i) you clicking "I Accept" when creating an account, (ii) the start of the Services or (iii) any use of the Platform by the Customer or, as the case may be, a User within Customer's organization. Completion of the first of the abovementioned events constitutes full, automatic and immediate acceptance of the Terms of Service by the Customer, who thus acknowledges full and unreserved acceptance of its terms.
• The Terms of Service shall remain in effect until the expiration of the Customer's subscription, unless terminated earlier by the Customer or Hive65 as set forth in these Terms of Service.

Parties' Obligations – Terms of Use

General Obligations

• Hive65 undertakes to provide the Services to the Customer pursuant to the Terms of Service.
• The Platform will be considered as duly accepted by the Customer on the day the Platform is made available to the Customer by Hive65.
• The Customer agrees to pay the fees in accordance with the Terms of Service.

Prior Declarations

• The Customer acknowledges having received from Hive65 all the information enabling it to assess the adequacy of the Services to its needs.
• The Customer will be responsible for (i) the compatibility of its IT equipment with the Services and (ii) the connection of its IT equipment to a telecommunication service which provides for a permanent and secure Internet access.
• The Customer acknowledges that the proper performance of the Services requires active and regular collaboration in good faith and is committed to do so throughout the duration of the Terms of Service.

Rights to Use the Services

• As of receipt of the Platform, Hive65 grants the Customer a personal, non-exclusive, non-transferable, and terminable right to use the Services for the duration of the Terms of Service and for the entire world, by the Users and for internal use only.
• The Customer undertakes to make, and to cause all Users to make, use of the Services in accordance with the Terms of Service, the recommendations of Hive65 and the applicable regulations.

Users, Access Codes, Security Procedures

• The Customer may only designate one (1) natural person per User. Each User has a personal and unique identifier and password, allowing access to the Services (an "Access Code").
• The Customer is the custodian of the Access Codes and ensures that no unauthorized person has access to the Services. The Customer remains, in any event, solely liable for any activity related to the Services carried out using Access Codes that are personal and confidential and undertakes to immediately inform Hive65 of any loss of Access Codes and/or access, attempt or suspicion of unauthorized use of the Services.
• The Customer undertakes to respect, and to ensure that the security procedures communicated by Hive65 are being complied with.

Restrictions on Use

The Customer shall refrain from, and shall cause any User to refrain from:

• Selling, renting, leasing, lending, assigning, transferring in any way whatsoever, all or part of its right to use Services, including in particular the Access Codes
• Using the Services in connection with and/or for the purpose of carrying out, directly or indirectly, illegal or illicit activities
• Committing any act likely, directly or indirectly, to interfere with or negatively impact the Services and/or the activity of Hive65 and/or the servers and related systems
• Modifying, altering and/or adapting the Service or any Access Codes or code available and/or used in the context of the Services
• Configuring or using the Platform outside the functional and technical scope authorized by Hive65
• Developing, in any way, a platform, software solution, application or services that would attack, negatively impact or interfere with the Platform
• Adapting, modifying, translating, copying, reproducing, in any way, all or part of the Platform and/or create products derived from the Platform
• Disassembling, decompiling, reverse engineering or attempting to discover in any way the source code and/or structure of the Platform
• Removing or altering any trademark, logo, slogan, copyright, property or confidentiality notice, symbol, etc. present on the Platform
• Communicating to any third party any performance, functionality or evaluation test results of the Platform and/or Services without the prior written consent of Hive65

Financial Conditions

• The prices of the Services are indicated net of tax on the subscription page.
• The Services are payable on a monthly or annual basis, or any other time period agreed upon between the parties. The first contractual term is invoiced upfront to the Customer, in full, upon entry into force of the Terms of Service.
• Invoices are issued electronically and must be paid within thirty (30) days of their date of receipt by the Customer.
• In the event of non-payment of the totality of the sums due on the contractual due date, late payment penalties will automatically be applied.
• You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with the purchase of a subscription.

Intellectual Property and Customer Data

• Hive65 exclusively owns and shall retain all rights in and to its Services, the Platform and any deliverables, including without limitation any materials or code provided as part of the Services.
• The Customer acknowledges and agrees that its rights in and to Hive65's Intellectual Property are solely as described in the present Article and do not include any rights of ownership.
• Any and all data uploaded by the Customer or on its behalf on the Platform (such as brands, logos, copyright, personal data, trade secrets, know how, and other intellectual property created by the Customer etc.), as well as, if any, new data generated on the Platform (altogether, the "Customer Data"), are and remain the full and exclusive property of the Customer.
• The Customer grants Hive65 a non-exclusive right to use, reproduce, store and modify the Customer Data, for the whole world, for the sole purposes of providing the Services and fulfilling its obligations under these Terms of Service.

Processing of Personal Data

• The Customer entrusts Hive65 with certain aspects of its processing of personal data. The purpose of the Data Processing Addendum is to set the instructions of the Customer and to define the conditions under which Hive65 undertakes, as a processor, to carry out, on behalf of the Customer, the processing operations of personal data, as part of the Services.
• The Customer acknowledges and accepts that Hive65 also processes, as data controller, the personal data of the Users (surname, first name, professional email address, hierarchical status, telephone number, Access Codes, payment data, technical data, etc.) for the purposes described in Hive65's Privacy Policy.

Third-Party Content

• Hive65 provides the Customer with the opportunity to use third parties' plug in or add-on online applications with the Platform. These content and applications are hereinafter called, the "Third-Party Content".
• If the Customer chooses to install, access or enable a Third-Party Content, the Customer agrees that the Third-Party Content provider may acquire access to its account data and information as required for the interoperation or integration of such Third-Party Content.
• The Customer assumes full responsibility for any damages, losses, costs, or harms arising from the use of or inability to use such Third-Party Content.

Termination and Renewal

• The Customer may terminate the Agreement only upon the expiration of the subscription term, by providing written notice of non-renewal to Hive65 at least 30 days prior to the end of the current term.
• Hive65 may terminate the Agreement immediately upon notice if the Customer materially breaches any provision of this agreement and fails to remedy such breach within 30 days of receiving written notice.
• Unless terminated as provided above, the subscription will automatically renew for the agreed-upon term, subject to the then-current terms and fees.

Warranties

• Except for the foregoing warranties, and to the fullest extent permissible under applicable law, Hive65 disclaims all representations and warranties, express or implied, concerning or related to the Terms of Service, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
• The Platform being provided "as is", Hive65 does not warrant, guarantee or make any representations regarding the use, the results of the use or the benefits of the Platform.
• The Customer is warned of the technical hazards inherent in the Internet and, consequently, of the interruptions in access to the Platform that may result.

Limitation of Liability

• Hive65 is only bound by an obligation of means pursuant to these Terms of Service.
• Each Party shall be liable for the consequences of its faults that have caused direct, certain and foreseeable damage to the other Party.
• To the fullest extent permitted by applicable law, Hive65 shall not be liable for any acts or omissions of third parties or any Users.
• In all cases, except in cases of bodily injury, fraud or gross negligence, Hive65's liability under the Terms of Service is strictly limited to the sums actually paid to Hive65 for the use of the Platform during the previous contractual year.

Miscellaneous

Governing Law

These Terms of Service shall be governed in all respects by Irish law. Disputes that may arise in connection with these Terms of Service will be submitted to mediation, accordance with the mediation rules of the Irish courts.

Force Majeure

Hive65 shall not be liable to the Customer for any delay or failure in the performance of the Services due to causes beyond Hive65's reasonable control.

Independent Contractors

Hive65 and the Customer are both independent contractors and neither these Terms of Service nor the performance of the Services shall create an association, partnership, joint venture, or relationship of principal and agent between them.

Contact Information

If you have questions about these Terms of Service, please contact us: