Updated: November 28, 2024
Terms & Conditions
Trademarks and Copyright Statement
HiveStream and its associated products are registered trademarks of HiveStream. All other product or company names may be trademarks of their respective owners. Copyright © 2024 HiveStream, all rights reserved. Contents and terms are subject to change by HiveStream without prior notice. No part of this publication may be reproduced in any form or by any means or used to make any derivative such as translation, transformation or adaptation without permission from HiveStream.
Product Licence Agreement
The parties to this agreement are you, the end customer, and HiveStream (referred to herein as “HiveStream”). Carefully read the following legal agreement (the “Agreement” or “Terms of Service”). Use of HiveStream product(s) and any updates thereto, including software services, AI models and data processing services (together, the “Products”) constitutes acceptance by you of the provisions in this Agreement.
HiveStream shall not be bound by any additional and/or conflicting provisions in any order, release, acceptance or other written correspondence or other written or verbal communication unless expressly agreed to in writing signed by an authorised representative of HiveStream. Your use of any Product represents agreement to the terms herein, as amended or updated from time to time at HiveStream’s discretion by HiveStream publishing an amended or updated version.
1. Licence Grant
This is a licence, not a sales agreement, between you and HiveStream. The term “Software Services”, as used throughout this Agreement, includes all HiveStream services, AI models, data processing capabilities and any accompanying documentation, updates and enhancements provided to you by HiveStream. HiveStream grants to you a non-transferable, non-exclusive, revocable licence to use the Software Services solely for your internal business purposes, in accordance with the terms set forth in this Agreement and subject to any further restrictions in HiveStream documentation.
2. Limitation on Use
You may not attempt to, and if you are a corporation, you are responsible for preventing your employees and contractors from attempting to:
- Modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Products
- Rent or lease any rights in the Products in any form to any third party
- Transfer, assign or sublicence rights to any other person or entity
- Remove any proprietary notice, labels or marks on the Products
3. Proprietary Rights
All rights, title, interest and all copyrights to the Products and any copy made thereof by you remain with HiveStream. You acknowledge that no title to the intellectual property in the Products is transferred to you and you will not acquire any rights to the Products except for the specific licence as expressly set forth in section 1 (“Licence Grant”) above.
4. Term and Termination
The term of the licence is for the duration of your subscription or as specified in your service agreement. HiveStream may terminate this Agreement and the licences and other rights herein immediately without notice if you breach or fail to comply with any of the terms and conditions of this Agreement.
5. Data Processing and AI Services
5.1 Data Processing
When using our AI and data processing services, you acknowledge and agree that:
- You have the right to provide any data you submit for processing
- You will comply with all applicable data protection laws
- You will not submit sensitive personal information unless specifically agreed upon
- HiveStream may process submitted data to provide and improve services
5.2 AI Model Usage
- Only for lawful purposes
- In accordance with our usage guidelines
- Without attempting to reverse engineer or extract the models
- Without attempting to harm or overload our systems
6. Limited Warranty
HiveStream warrants that the Products will substantially conform to HiveStream’s then current functional specifications for a period of ninety (90) days from the start of service (“Warranty Period”). HiveStream’s sole obligation shall be to repair or replace the non-conforming Products with products that substantially conform to HiveStream’s functional specifications.
7. Disclaimer of Other Warranties and Restrictions
EXCEPT FOR THE LIMITED WARRANTY SPECIFIED ABOVE, THE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OR WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Governing Law
Any disputes arising out of this Agreement shall be governed by the laws of New South Wales, Australia, without regard to the conflict of laws principles.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HiveStream IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY.
10. Export Compliance
You agree to comply with all applicable export and import laws and regulations. You represent that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties.
11. General Provisions
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement may not be amended except in writing signed by both parties. The United Nations Convention on Contracts for the International Sales of Goods does not apply to this Agreement.
12. Privacy
By entering into this Agreement, you agree and consent that HiveStream may collect, retain and use personal information as outlined in our Privacy Policy. For more detailed information on the collection, use and transfer of your personal information, please read our Privacy Policy at hivestream.au/privacy-policy.
Contact Information
For any enquiries regarding these Terms of Service, please contact us at:
Email: [email protected]