Terms of Service

These Terms of Service ("Terms") govern access to and use of the HyveAI platform, APIs, embeddable chat widgets, documentation, and related services (collectively, the "Service") provided by Hyve Applied Intelligence LLC ("HyveAI," "we," "us"). By signing up for, accessing, or using the Service, the entity or person doing so ("Customer" or "you") agrees to these Terms. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization.

1. The Service

HyveAI provides a knowledge-intelligence platform that lets Customer ingest documents, train retrieval-augmented and optional small language model systems, and deliver AI-generated answers to end users through a chat widget, REST API, and other configured channels.

2. Accounts & Eligibility

• You must be at least 18 years old and legally able to enter into contracts.
• You are responsible for all activity under your account and for keeping credentials confidential. Notify us immediately of any suspected compromise at loren@hyveappliedintelligence.com.
• You must provide accurate registration information and keep it current.

3. Subscriptions, Fees & Billing

Paid plans are billed in advance on a monthly or annual cycle through our payment processor, Stripe. By subscribing, you authorize us to charge the applicable fees to your payment method on each renewal until cancelled.

• Renewal: Subscriptions automatically renew at the then-current list price unless cancelled before the renewal date.
• Cancellation: You may cancel at any time from the Customer Portal. Cancellation takes effect at the end of the current billing period; no refunds are issued for partial periods except where required by law.
• Overages & usage: Plans have usage limits (e.g. queries, documents, storage). Exceeding limits may result in throttling, upgrade prompts, or usage-based charges disclosed before they are incurred.
• Taxes: Fees are exclusive of taxes, which are Customer's responsibility unless HyveAI is legally required to collect them.
• Free trial / demo: Any free trial, demo tenant, or beta period is provided "as-is" and may be modified or discontinued at any time.

4. Customer Data

"Customer Data" means documents, prompts, end-user questions, responses, and other content that Customer or its end users submit to the Service. As between the parties, Customer retains all rights in Customer Data. Customer grants HyveAI a limited, non-exclusive, worldwide license to host, process, transmit, display, and create derivative embeddings of Customer Data solely to provide and improve the Service for Customer.

HyveAI will not use Customer Data to train general-purpose foundation models for third parties. HyveAI may use aggregated, de-identified metrics (e.g. response latency, error counts) to operate and improve the Service.

The processing of personal data is governed by our Privacy Policy and, where applicable, our Data Processing Addendum, which is incorporated by reference.

5. Acceptable Use

Customer will not, and will not permit any end user to:

• violate any applicable law, regulation, or third-party right (including intellectual-property, privacy, and publicity rights);
• upload or process content that is unlawful, defamatory, harassing, or infringes on another party's rights;
• use the Service to generate content designed to deceive, impersonate a real person, or facilitate fraud;
• use the Service to provide individualized medical, legal, or financial advice to an end user without appropriate human review and clear disclaimers;
• reverse engineer, decompile, or attempt to extract the source code or underlying models of the Service, except to the extent this restriction is prohibited by law;
• probe, scan, load-test, or attempt to circumvent rate limits, authentication, or access controls except as part of a HyveAI-authorized security test;
• introduce malware, spam, or otherwise interfere with the integrity of the Service or the data of other customers;
• use the Service to build a competing product or benchmark for public release without HyveAI's prior written consent.

6. AI Output Disclaimers

The Service uses large-language models and retrieval-augmented generation. AI outputs may be incomplete, inaccurate, or inappropriate for a given context, even when grounded in Customer-provided sources.

• Customer is responsible for evaluating AI outputs before relying on them or exposing them to end users.
• The Service is not intended for use as a substitute for professional medical, legal, financial, or safety advice.
• Customer must clearly disclose to end users that they are interacting with an AI system where legally required.

7. Intellectual Property

HyveAI and its licensors retain all right, title, and interest in and to the Service, including all software, models, documentation, branding, and improvements. Except for the limited access rights granted in these Terms, no rights are transferred to Customer. Any feedback Customer provides may be used by HyveAI without restriction or compensation.

8. Third-Party Services

The Service integrates with third-party providers (including OpenAI, Pinecone, HuggingFace, Stripe, Sentry, and hosting/infrastructure providers). Customer's use of those integrations is also subject to the applicable third-party terms. HyveAI is not responsible for the acts or omissions of third-party providers.

9. Confidentiality

Each party will protect the other's non-public information disclosed under these Terms ("Confidential Information") using at least the same care it uses to protect its own confidential information of like kind, and in no event less than reasonable care. Confidential Information will be used only to perform these Terms.

10. Warranties & Disclaimers

HyveAI warrants that it will provide the Service in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE OR COMPLETE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYVEAI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO HYVEAI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill. These limitations apply regardless of the legal theory and even if a party was advised of the possibility of such damages.

12. Indemnification

Customer will defend, indemnify, and hold harmless HyveAI from and against any third-party claims arising out of (a) Customer Data or Customer's use of the Service in breach of these Terms, (b) violation of law or of third-party rights, or (c) content Customer publishes through the Service. HyveAI will defend Customer against third-party claims alleging that the Service, as provided and used in accordance with these Terms, infringes a valid US intellectual-property right, and will pay damages finally awarded against Customer in such a claim.

13. Suspension & Termination

• Either party may terminate these Terms for material breach not cured within 30 days of written notice.
• HyveAI may suspend access immediately if Customer's use poses a security, legal, or operational risk to HyveAI or other customers.
• Upon termination, Customer's access ends and, after a 30-day retrieval window, HyveAI will delete Customer Data in accordance with its data-retention practices, except where retention is required by law.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of [State of formation — to be confirmed by counsel], without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in that state for any dispute not subject to arbitration. Each party waives any right to a jury trial to the extent permitted by law.

15. Changes to these Terms

HyveAI may update these Terms from time to time. Material changes will be notified by email to the account owner and/or by in-product notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

16. Contact

Questions about these Terms can be sent to loren@hyveappliedintelligence.com.