Last updated: July 9, 2026
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.
HyveAI provides a knowledge-intelligence platform that lets Customer ingest documents, index and retrieve Customer-provided knowledge, configure retrieval-augmented AI workflows, and, where separately enabled and expressly opted in, fine-tune customer-specific small-language-model systems, and deliver AI-generated answers to end users through a chat widget, REST API, and other configured channels.
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.
"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, secure, support, and troubleshoot the Service for Customer.
HyveAI's use of data falls into four categories:
The processing of personal data is governed by our Privacy Policy and, where applicable, our Data Processing Addendum, which is incorporated by reference. For Customers using a product that supports our optional Federation program, Section 14 (Federation Program) of the Privacy Policy governs how aggregate signals and any knowledge-base entries Customer separately elects to share are handled; Federation is off by default and does not change the license grant in this Section 4 for any Customer Data Customer has not elected to share.
Customer will not, and will not permit any end user to:
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.
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.
The Service integrates with third-party providers (including OpenAI, Pinecone, HuggingFace, Stripe, Sentry, hosting/ infrastructure providers, and any social media platforms Customer connects as a Connected Account under Section 15). 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.
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.
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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) Aggregate Cap. HYVEAI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO HYVEAI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES IN THE AGGREGATE ACROSS ALL CLAIMS.
(b) Excluded Damages. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, BUSINESS OPPORTUNITY, OR GOODWILL, EVEN IF A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) Specific Exclusions. WITHOUT LIMITING THE FOREGOING, HYVEAI IS NOT LIABLE FOR: (I) THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS OF ANY AI-GENERATED OUTPUT, OR CUSTOMER'S OR ANY END USER'S RELIANCE ON IT; (II) CONTENT CUSTOMER PUBLISHES THROUGH THE SERVICE, INCLUDING TO ANY CONNECTED ACCOUNT; (III) ANY THIRD-PARTY PLATFORM'S SUSPENSION, BAN, TAKEDOWN, POLICY ENFORCEMENT, OR LOSS OF ACCESS AFFECTING A CONNECTED ACCOUNT; (IV) OUTAGES, CHANGES, OR DISCONTINUATION OF ANY THIRD-PARTY API OR SUBPROCESSOR; OR (V) CUSTOMER'S MISUSE OF THE SERVICE OR VIOLATION OF SECTION 5 (ACCEPTABLE USE).
(d) Data Loss. HYVEAI IS NOT LIABLE FOR LOSS OF CUSTOMER DATA UNLESS CAUSED BY HYVEAI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN WHICH CASE HYVEAI'S LIABILITY FOR SUCH LOSS REMAINS SUBJECT TO THE AGGREGATE CAP IN (a).
(e) Basis of the Bargain. Customer acknowledges that HyveAI has set its fees and entered into these Terms in reliance on the limitations of liability in this Section 11, which form an essential basis of the parties' bargain and will apply even if any limited remedy fails of its essential purpose.
12.1 By Customer. Customer will defend, indemnify, and hold harmless HyveAI, its officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising out of or related to: (a) Customer Data or any content Customer or its end users submit to or publish through the Service, including to any Connected Account; (b) Customer's or its end users' use of the Service in violation of these Terms, including Section 5 (Acceptable Use), Section 17 (Political & Campaign Use), or Section 22 (No High-Risk Use); (c) Customer's violation of any applicable law or third-party right, including election law, campaign-finance law, the advertising or content policies of any platform, privacy law, or intellectual-property rights; or (d) instructions Customer gives HyveAI regarding the processing of personal data, including any special-category or political-opinion data Customer chooses to upload. Customer's indemnification obligations under this Section 12.1 are not subject to the cap in Section 11.
12.2 By HyveAI. HyveAI will defend Customer against third-party claims alleging that the Service, as provided and used in accordance with these Terms, infringes a valid United States intellectual-property right, and will pay damages finally awarded against Customer in such a claim (or amounts agreed in settlement), subject to the cap in Section 11. This Section 12.2 does not apply to claims arising from Customer Data, Customer's modifications to the Service, or Customer's use of the Service in combination with materials not provided by HyveAI.
12.3 Procedure. The indemnified party will: (a) promptly notify the indemnifying party in writing of the claim (delay relieves the indemnifying party's obligations only to the extent it is prejudiced); (b) give the indemnifying party sole control of the defense and settlement of the claim, provided the indemnifying party may not settle any claim in a manner that admits fault by, or imposes non-monetary obligations on, the indemnified party without its consent; and (c) provide reasonable cooperation, at the indemnifying party's expense.
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules.
14.1 Binding Arbitration. Except as set out in Section 14.4 (Exceptions), any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, where the counterparty is an individual consumer, its Consumer Arbitration Rules), before a single arbitrator, seated in Maricopa County, Arizona. Judgment on the award may be entered in any court of competent jurisdiction.
14.2 Class Action Waiver. DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING A DISPUTE AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. The arbitrator has no authority to consolidate more than one person's claims or to preside over any form of a representative or class proceeding.
14.3 Mass Arbitration Procedures. If 25 or more similar arbitration demands are filed against HyveAI by parties represented by the same or coordinated counsel within a 60-day period (a "Mass Filing"), the parties agree: (a) the AAA's mass-arbitration or batch-arbitration procedures then in effect will apply; (b) claims will be resolved in staggered batches of no more than 25 at a time, with subsequent batches stayed pending resolution of earlier bellwether batches; and (c) any party may seek a court order to enforce this batching procedure. This Section 14.3 makes mass-filed arbitration procedurally workable and does not waive the class-action waiver in Section 14.2.
14.4 Exceptions. Notwithstanding Section 14.1, either party may (a) bring an individual action in small-claims court for disputes within that court's jurisdiction, and (b) seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual-property rights, confidential information, or the security of the Service, without being required to post a bond.
14.5 Venue. For any Dispute properly brought in court under Section 14.4, or if the arbitration agreement in Section 14.1 is found unenforceable as to a given Dispute, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona.
14.6 Attorney Fees. If HyveAI prevails in any arbitration or court proceeding arising from (a) Customer's misuse of the Service in violation of Section 5 (Acceptable Use), (b) nonpayment of fees owed under Section 3, or (c) breach of Section 9 (Confidentiality), HyveAI is entitled to recover its reasonable attorneys' fees and costs in addition to any other relief awarded.
14.7 Jury Trial Waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL, TO THE EXTENT PERMITTED BY LAW.
14.8 Right to Opt Out. Customer may opt out of the arbitration agreement in Sections 14.1–14.3 by sending written notice to loren@hyveappliedintelligence.com within 30 days of first accepting these Terms, stating Customer's name and intent to opt out of arbitration. If Customer opts out, all other provisions of these Terms — including the class-action waiver in Section 14.2 — continue to apply, and any Dispute will be resolved under Section 14.5 (Venue).
The Service may allow Customer to connect its own accounts on Meta (Facebook and Instagram), LinkedIn, X (Twitter), TikTok, and Google / YouTube ("Connected Accounts") so that HyveAI can publish content on Customer's behalf, solely as and when Customer configures, schedules, or approves that content within the Service.
Customer is solely responsible for all content it submits, schedules, or publishes to Meta (Facebook/Instagram), LinkedIn, X (Twitter), TikTok, Google/YouTube, or any other Connected Account, and for complying with that platform's terms, community standards, and advertising or political-content policies. HyveAI is not responsible for, and has no liability arising from, any platform's decision to remove content, suspend or ban an account, change its API or developer terms, or otherwise restrict Customer's access to a Connected Account.
If Customer uses the Service in connection with political, electoral, advocacy, or campaign activity, Customer is solely responsible for: election-law and campaign-finance compliance in every applicable jurisdiction; required political-advertising disclosures and disclaimers; compliance with each Connected Account platform's own political-content and advertising policies; obtaining lawful consent for any SMS or telephone outreach under the Telephone Consumer Protection Act (TCPA) and equivalent laws; compliance with CAN-SPAM and equivalent email laws; the truthfulness and accuracy of any claims made using the Service; and obtaining all necessary rights and permissions for any voter, donor, or constituent data Customer uploads or processes.
Customer will not use the Service to generate or disseminate content intended to suppress voter turnout, impersonate a candidate, election official, or other real person, or spread knowingly false election information. Where Customer processes political opinions or other special categories of personal data as part of Customer Data, Customer is solely responsible for establishing a valid legal basis for that processing under applicable data protection law (see our Data Processing Addendum). HyveAI does not review Customer's use of the Service for compliance with election or campaign-finance law and provides no assurance that any output is compliant with these laws in any jurisdiction — see Section 20 (No Professional Advice).
If there is a conflict between documents governing the Service, the order of precedence (highest first) is: (a) a signed Order Form or Statement of Work between the parties; (b) the Data Processing Addendum, solely as to the processing of personal data; (c) these Terms; (d) the Privacy Policy; and (e) any other HyveAI documentation or in-product help content.
HyveAI may make features available on a beta, preview, early-access, or similar best-effort basis ("Beta Features"), which will be identified as such in the Service or accompanying documentation. Beta Features are provided "as is," may contain errors, may be changed or discontinued at any time without notice, and are not covered by the warranties in Section 10 or any service commitments otherwise applicable to the Service. Customer should not rely on Beta Features for production-critical workflows.
The Service, including any AI-generated output, does not constitute legal, medical, financial, tax, election-law, campaign-finance, or other professional or compliance advice, regardless of how the output is phrased. Customer is solely responsible for obtaining appropriate professional advice before acting on, publishing, or relying on any output of the Service.
Customer is solely responsible for providing all notices, disclosures, and consents required by applicable law to its own end users, including any required AI-interaction disclosures, privacy notices, cookie or tracking consents, and SMS or email marketing consents (including under the TCPA and CAN-SPAM). HyveAI's Privacy Policy governs HyveAI's own data practices and does not substitute for notices Customer must provide to its end users.
The Service is not designed, intended, or authorized for use in connection with emergency services or 911 dispatch; life-or-safety decisions; credit, employment, housing, insurance, or benefits eligibility decisions; medical diagnosis or treatment; legal representation; or any other automated decision-making that produces legal or similarly significant effects on an individual without meaningful human review, unless Customer has obtained HyveAI's prior written consent and implemented all legal safeguards required for that use case.
Customer may not access or use the Service from, or provide access to the Service to any person or entity in, a country, region, or territory subject to comprehensive U.S. trade sanctions, or that is listed on any U.S. government restricted- or denied-party list (including OFAC's Specially Designated Nationals list). Customer represents that it is not such a person or entity and is not owned or controlled by one.
Customer acknowledges and agrees that HyveAI may log administrator actions, authentication events, publishing events to Connected Accounts, and security-relevant events within the Service for security, abuse-prevention, and compliance purposes, and may use those logs to investigate suspected violations of these Terms.
Sections 3 (as to fees accrued but unpaid), 4 (Customer Data, solely as to license scope already exercised), 7 (Intellectual Property), 9 (Confidentiality), 10 (Warranties & Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law & Disputes), and any other provision that by its nature should survive, will survive termination or expiration of these Terms. Data-retention and deletion obligations described in the Privacy Policy and Data Processing Addendum also survive termination to the extent stated there.
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.
Questions about these Terms can be sent to loren@hyveappliedintelligence.com.