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Hive 25 Application Terms and Conditions

The Hive 25 Application Terms and Conditions (“Application Terms”) are a legal agreement between you (either as an individual or on behalf of an entity) and Hive 25 Ltd. Regarding your use of Hive 25’s application and associated documentation (“Software”). If you do not agree to all of the terms in these Application Terms, do not use the Software.

Unless otherwise agreed to in writing with Hive 25, your agreement with Hive 25 will always include, at a minimum, these Application Terms.

Each Authorised User shall keep a secure password for his use of the Services and Documentation, that such password shall be changed no less frequently than annually and that each Authorised User shall keep his password confidential;

The User shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:

(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(b) facilitates illegal activity;

(c) depicts sexually explicit images;

(d) promotes unlawful violence;

(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

(f) is otherwise illegal or causes damage or injury to any person or property;

and the Supplier reserves the right, without liability or prejudice to its other rights to the User, to disable the User’s access to any material that breaches the provisions of this clause.

The User shall not:

(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this agreement:

(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or

(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or

(b) access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or

(c) use the Services and/or Documentation to provide services to third parties; or

(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any third party except the Authorised Users, or

(e) attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause.

The User shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify the Supplier.

The rights provided under this clause are granted to the User only, and shall not be considered granted to any subsidiary or holding company of the User.

Hive Logo

The licence grant included with the Software is not for Hive25’s trademarks, which include the Software logo designs. Hive 25 reserves all trademark and copyright rights in and to all Hive 25 trademarks. The name Hive25 and related stylized names are trademarks of Hive 25.

Privacy

The software may collect personal information. If the software does collect personal information on Hive 25’s behalf, Hive 25 will process that information in accordance with the Hive 25 Privacy Statement.

Disclaimers and Limitations of Liability

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Hive 25 does not warrant that

(i) the Service will meet your specific requirements;

(ii) the Service is fully compatible with any particular platform;

(iii) your use of the Service will be uninterrupted, timely, secure, or error-free;

(iv) the results that may be obtained from the use of the Service will be accurate or reliable;

(v) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or

(vi) any errors in the Service will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HIVE 25 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HIVE 25 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SERVICE, including, for example:

(i) the use or the inability to use the Service;

(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;

(iii) unauthorized access to or alteration of your transmissions or data;

(iv) statements or conduct of any third-party on the Service;

(v) or any other matter relating to the Service.

Hive 25 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Hive 25 shall not be liable to you or to any third-party for any price change, suspension or discontinuance of the Service.

Miscellanea

  1. No Waiver. The failure of Hive 25 to exercise or enforce any right or provision of these Application Terms shall not constitute a waiver of such right or provision.
  2. Entire Agreement. These Application Terms, together with any applicable Privacy Notices, constitutes the entire agreement between you and Hive 25 and governs your use of the Software, superseding any prior agreements between you and Hive 25. (including but not limited to, any prior versions of the Application Terms)
  3. Governing Law. You agree that these Application Terms and your use of the Software are governed under UK law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in the UK.
  4. No Modifications; Complete Agreement. These Application Terms may only be modified by a written amendment signed by an authorized representation of Hive 25, or by the posting of Hive 25 of a revised version. These Application Terms, together with any application Notices and Hive 25’s Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. These Application Terms supersede any proposal or prior agreement oral or written, and any other communications between you and Hive 25 related to the subject matter in these terms.
  5. Contact Us. Please send any questions about these Application Terms to support@hive25.com