Terms of Service
Terms of Service
Last Updated: 26th September, 2025
Welcome to Hiver
THIS HIVER TERMS OF SERVICE (THE “ToS”) IS A LEGAL AGREEMENT BETWEEN THE INDIVIDUAL OR LEGAL ENTITY OR ASSOCIATION INTENDING TO USE THE SERVICE (“YOU” OR “CUSTOMER”) AND HIVER, INC. (“HIVER”). BY REGISTERING FOR THE SERVICES OR BY USING THE SERVICES, YOU REPRESENT, WARRANT, AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, OR YOU DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THE AGREEMENT, YOU MAY NOT USE THE SERVICES. THIS ToS AND OUR PRIVACY POLICY (AVAILABLE AT https://hiverhq.com/privacy) CONSTITUTE A BINDING CONTRACT ON YOU AND GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES BY YOU, AGENTS AND END-USERS, WHETHER IN CONNECTION WITH A PAID OR FREE TRIAL SUBSCRIPTION TO THE SERVICES. PLEASE READ IT CAREFULLY.
YOU MAY NOT USE THE SERVICE IF YOU ARE A COMPETITOR TO HIVER.
YOU MAY NOT USE THE SERVICE IF YOU ARE UNDER THE AGE OF 18.
1. Definitions
1.1 “Hiver”, “Us” and “We” mean Hiver, Inc., a Delaware corporation, and its employees and contractors.
1.2 “Service” and “Services” mean the Hiver software-as-a-service solution(s), together with any associated tools, products, services, media, browser extension, mobile apps, downloaded software, and other content delivered to You through the Website or otherwise by Hiver.
1.3 “Website” means the website for the Services and any other websites that Hiver operates.
1.4 “Contractor” means an independent contractor or consultant who is not a competitor of Hiver.
1.5 “Customer Data” means any data of any type that is submitted to the Services by or on behalf of Customer, including without limitation data submitted, uploaded, or imported to the Services by Customer (including from Third-Party Platforms).
1.6 “Feedback” means comments, questions, suggestions or other feedback relating to any Hiver product or service.
1.7 “Active User Account” means an account established for an employee or contractor of customer or its affiliate who is authorized to access the Service.
1.8 “Sensitive Personal Information” means: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS”); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”); or (iii) any personal data of an EU citizen deemed to be in a “special category”, as defined in the EU General Data Protection Regulation 2016/679 (“GDPR”).
1.9 “Third-Party Platform” means any software, software-as-a-service, data source or other product or service not provided by Hiver that is integrated with the Services, as described in Hiver’s applicable technical documentation.
2. License to Use the Services
2.1 License. Subject to Your compliance with this ToS, Hiver grants You a revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Services through Your Active User Accounts.
2.2 Subscription Basis. You acknowledge and agree that, as described further herein, Your license to use the Services is provided on a term-based, paid subscription basis. Unless Your account is terminated in accordance with Clause 13, Your subscription will renew automatically for a subscription term equivalent in length to the then-expiring subscription term.
3. Access to the Services
3.1 Hiver does not provide the equipment required to access the Services. You are responsible for procuring and maintaining the network connections that connect You to the Services. Your access to and use of the Services may require You to use or maintain specific browser software, security certifications, and other procedures that support the protocols used by the Services.
3.2 You may not be able to access or use the Services
3.2.1 during planned downtime for upgrades and maintenance to the Service (of which We will use commercially reasonable efforts to notify You in advance through Our Services) (“Planned Downtime”), or
3.2.2 during any unavailability caused by circumstances beyond Our reasonable control, including, without limitation, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including inability to access the internet), or acts undertaken by third parties, including without limitation distributed denial-of-service attacks.
3.3 We will use commercially reasonable efforts to schedule Planned Downtime for weekends (Pacific Standard Time) and other off-peak hours.
4. General Conditions and Limitations
4.1 No Reselling or Sublicensing. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party, except as expressly permitted by this ToS.
4.2 No Sharing of Accounts. You shall ensure that the number of Your Active User Accounts does not exceed the number of Active User Accounts for which You have subscribed. You are responsible for ensuring that access to an Active User Account is not shared. Only one individual may authenticate to a single Active User Account. If You are a legal entity or association, all persons using Your Active User Accounts must be Your employees or Contractors who have agreed to be bound by this ToS.
4.3 No Unlawful or Abusive Use. You shall not use the Services in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Services and its components, or that infringes on the rights of any third party. You shall not modify, adapt, or hack any protected (encrypted or compiled) parts of Hiver’s software, or otherwise attempt to gain unauthorized access to such parts or related systems or networks. You also shall not promote or transmit any unlawful, threatening, abusive, malicious, defamatory, false, misleading, or otherwise objectionable material using the Services. You will not reproduce, publish, or distribute content in connection with the Services that infringes any third party’s trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right. Hiver offers no assurance that Your use of the Services under this ToS will not violate any law or regulation applicable to You.
4.4 No Sensitive Personal Information. You agree not to use the Services to collect, store, process, or transmit any Sensitive Personal Information. Hiver will have no liability under this ToS for Sensitive Personal Information, notwithstanding anything to the contrary in this Agreement.
4.5 Transmission of Data.
4.5.1 You acknowledge that the technical processing and transmission of the Services, including Your Content, may involve:
4.5.1.1 transmission over various public or private networks;
4.5.1.2 modifications to conform and adapt to the technical requirements of connecting networks or devices; and
4.5.1.3 secure transmission to Hiver’s third-party service providers, infrastructure partners, and hosting vendors who support the delivery and maintenance of the Services.
Such data transfers are encrypted and protected using commercially reasonable security measures.
4.5.2 You shall not use the Services as a proxy between a user and other network data.
4.6 Data Recovery. If loss of data occurs due to an error on Hiver’s part, Hiver will attempt to recover the data at no charge. If loss of data occurs due to an error on Your part, Hiver may, at its discretion, offer a data recovery service for a reasonable fee.
4.7 Fair Usage Policy. Hiver takes all reasonable efforts to provision sufficient resources to provide a good quality of Service relative to the number of Active User Accounts purchased. If Your use of the Services negatively affects the quality of service that We are able to provide to other customers, Hiver may throttle the Services or suspend Services to You. Depending on the specific issue (for example, whether sustained or a one-time occurrence), Hiver may require You to upgrade to a higher capacity account. Hiver will endeavor to discuss such problems with You in advance, should they arise.
4.8 Compliance with Laws. You agree to comply with all applicable Laws in Your use of the Services. Without limiting the generality of the foregoing, You will not engage in any unsolicited advertising or marketing using the Services, including without limitation activities that violate the U.S. Telephone Consumer Protection Act of 1991, the U.S. CAN-SPAM Act of 2003, or any other applicable anti-spam laws and regulations.
4.9 Handling of Software. You shall not: (a) reverse engineer, decompile, disassemble, or decrypt any portion of the compiled or source code of the software used in the Service; (b) use any Third-Party Platform or software independently of the Services; (c) use any unauthorized or modified browser extension other than the official Hiver browser extension available on the Chrome Web Store or the official Safari extension downloaded from Our Website, or use any mobile app other than the official Hiver mobile app from the Google Play Store or the Apple App Store; or (d) attempt to circumvent any parts of the Services designed to enforce the maximum number of Active User Accounts for which You have paid. You obtain no rights to the Service except for the limited rights to use the Service expressly granted by this ToS.
4.10 Limited License Retained by Hiver.
4.10.1 You acknowledge and agree that
4.10.1.1 the Service is the property of Hiver and is licensed, not sold, to You, and
4.10.1.2 the Service uses, embodies, and contains confidential and proprietary information and technology of Hiver and/or its licensors, including trade secrets and intellectual property, protected under United States law and international treaties (“Hiver’s Intellectual Property Rights”).
4.10.2 Your rights in the Service are strictly limited to the license rights expressly granted under Clause 2.1 above, and Hiver retains all rights not expressly granted. Without limiting the foregoing, Hiver and its licensors retain all right, title, and interest in and to Hiver’s Intellectual Property Rights, including but not limited to:
4.10.2.1 all software code (source and object), functionality, technology, system or network architecture, and user interfaces and all modifications thereto; and
4.10.2.2 all trade secrets, patents, copyrights and other intellectual property rights with respect to the Service.
4.10.3 You further acknowledge that no implied licenses are granted under this ToS.
5. Customer Data
5.1 Rights in Customer Data. You will retain all right, title, and interest (including any and all intellectual property rights) in and to Your Data as provided to Hiver. Subject to the terms of this TOS, You hereby grant to Hiver a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of, and display Your Data solely to the extent necessary to provide, maintain, support, or improve the Services.
5.2 Customer Obligations. You are solely responsible for the accuracy, content, and legality of all Your Data. You represent and warrant to Hiver that You have all necessary rights, consents, and permissions to collect, share, and use all Your Data as contemplated in this ToS (including granting Hiver the rights in Clause 5.1 above), and that no Customer Data will violate or infringe upon (i) any third-party intellectual property, publicity, privacy, or other rights; (ii) any Laws; or (iii) the terms of service, privacy policies, or other agreements governing Your accounts with any Third-Party Platforms.
5.3 Aggregated Anonymous Data. Notwithstanding anything to the contrary herein, You agree that Hiver may obtain and aggregate technical and other data about Your use of the Services that is not personally identifiable with respect to You (“Aggregated Anonymous Data”), and Hiver may use the Aggregated Anonymous Data to analyze, improve, support, and operate the Services and otherwise for any business purpose during and after the term of this ToS. If Hiver provides any reports or publications of such Aggregated Anonymous Data, it will not identify You as the source of the data.
5.4 Marketing and Communication. Hiver will not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent. We may combine Your information with information We collect from other companies and use it to improve and personalize Hiver’s services, content, and advertising. We may send promotional or marketing communications to You at the email address You provided when signing up for the Services. We offer You the ability to opt out of marketing and non-transactional communications; You may manage Your receipt of such communications by sending a request to privacy@hiverhq.com.
6. Changes to the Services and Websites
6.1 Our Service Updates. We may update the Services from time to time, and You may receive notifications of such upgrades, enhancements or updates (“Updates”). Any new or modified features added to, or augmenting, or otherwise modifying the Services, as well as any updates, modifications, or enhancements to the Services, are subject to this ToS. We reserve the right to deploy Updates at any time.
6.2 Third-Party Services and Networks. We are not responsible for providing updates or fixes for services We do not operate, nor for any compromise of data transmitted across networks We do not control. You agree that We are not responsible for the reliability or performance of any third-party services or connections.
6.2.1 Customers may integrate Hiver with their email provider to use Hiver’s features. By doing so, Customers consent to Hiver accessing, storing, and transmitting email data on their behalf, solely for the purpose of delivering the Hiver Services.
6.3 Websites. We may change content on Our Websites at any time. However, any content on Our Websites may be out of date at any given time, and We are under no obligation to update it. For clarity, this Clause 6.3 refers to Our public websites excluding the Service itself. We may discontinue or change any part of Our Websites (that does not affect the Service) without notifying You. Our Websites may contain links to websites, content, and resources provided by third parties (“Third-Party Links”). Third-Party Links are governed by their own terms and privacy policies, and You agree that We have no control over and are not responsible for Your use of any Third-Party Links.
7. Trademarks and Publicity
7.1 Use of Names and Trademarks. While You are a paying and active licensee of the Services, You may use Hiver’s name and logos to identify Yourself as a customer of Hiver. You shall not otherwise use Hiver’s name or trademarks without Hiver’s prior written consent, unless otherwise permitted in this ToS.
7.2 No Disrepute. You shall not commit any act (including any omission) that is likely to bring disrepute to Hiver or harm the interests of Hiver or its third-party vendors.
7.3 Promotional Materials. You authorize Hiver to use Your name and trademarks in Hiver’s promotional materials and for publicity purposes. You may opt out of this at any time by writing to support@hiverhq.com.
8. Third-Party Platforms
The Services may support integrations with third-party email or productivity platforms and other external services (“Third-Party Platforms”).
To enable such integrations:
- Authorization: You may be required to grant access through the Third-Party Platform’s secure authorisation mechanism (for example OAuth 2.0). You may revoke this access at any time through the relevant Third-Party Platform’s account settings.
- Use of Data: Any data obtained from a Third-Party Platform will be accessed and processed solely as necessary to provide and maintain the Services and will not be used for advertising or marketing unrelated to service provision.
Hiver will comply with the email service provider APIs. All data (messages, metadata, attachments and identifiers) is accessed solely to deliver features for example conversation assignment, internal notes, and status tagging. - Disconnection and Revocation: Disabling email provider access through account settings halts/disables further synchronization.
Revocation will disable Hiver functionalities but will not terminate the overall Hiver account unless requested by the Customer.
Termination of integration does not impact the overall Hiver subscription unless explicitly terminated under Clause 11 of the Global ToS. - Compliance and Liability: Email providers are not a party to this agreement. Hiver assumes no responsibility for API deprecations, platform outages, or changes to email providers’ services. Clause 14 of the Global ToS (“Disclaimer of Warranties”) applies.
Customers must comply with all applicable email service providers including those governing email and workspaces, Hiver remains subjected to email service API usage. - Service Termination: Termination of the email integration (by Customer or email provider) does not affect the validity of the Global ToS, unless the Service itself is terminated under Clause 13 of the Global ToS.
- Customer Responsibilities: You are solely responsible for complying with the terms of service and policies of each Third-Party Platform and for maintaining your accounts with those providers in good standing.
9. AI Features
9.1 AI Tools and Services. Hiver may use artificial intelligence tools and other services to provide AI-based features (“AI Features”). A list of such AI tools used by Hiver can be found at https://hiverhq.com/third-party-subprocessors. By using the AI Features, You agree to comply with all applicable terms and policies of such third-party tools.
9.2 Monitoring and Compliance. Hiver and its AI-related sub-processors may monitor Your use of Hiver’s AI Features to prevent, debug, and address any abusive, unlawful, harmful, or unauthorized use of the AI Features.
9.3 Disclaimer. You acknowledge that the AI Features are provided “AS IS” and “AS AVAILABLE,” without any warranties regarding accuracy, reliability, usefulness, integrity, lawfulness, title, non-infringement, functionality, intellectual property rights, or fitness for a particular purpose. You assume all risks associated with using the AI Features and relying on their recommendations, actions, or outputs.
9.4 Acceptable Use of AI. You agree to use the AI Features only for lawful and ethical purposes and in compliance with all applicable laws. You shall not use the AI Features in a manner that could damage, disable, overburden, abuse, or impair Our platform, Services, or other users’ access. You understand that AI-generated output may not be unique and that other users may receive similar results.
9.5 Content Processing and Storage. When using Hiver’s AI Features, You may input, create, rewrite, or share content (including, but not limited to, text and email content). You represent and warrant that You have all necessary rights and permissions to process such content and that You will not infringe upon any third-party rights (including intellectual property and privacy rights) or violate any laws by using or submitting such content.
9.6 Hiver’s AI Features may process and store this content as necessary to provide AI-driven functionality such as summarization, automated categorization, response suggestions, and related enhancements. By enabling or using the AI Features, You acknowledge and agree that such content may be temporarily or persistently stored as required to deliver the requested AI services. Hiver will not use AI-processed content, including email content, for AI model training, advertising, or any purpose beyond delivering and maintaining the AI Features and related services, except as required by law. Hiver implements appropriate security measures to protect stored content in compliance with applicable data protection laws.
9.7 If You do not wish for email content to be stored for AI processing, You may disable AI Features by contacting Hiver support at support@hiverhq.com to explore available options.
9.8 Responsibility for AI Outputs. You are solely responsible for ensuring that You and Your permitted users, customers, and end-users thoroughly test, review, and verify any outputs, tips, actions, recommendations, or deliverables generated by the AI Features before using or implementing them. You bear sole responsibility for any outputs and deliverables created using the AI Features, including without limitation their implementation, use, accuracy, and any consequences of their use by You, Your users, or Your end-users.
10. Account Security and Monitoring
10.1 You are responsible for maintaining the confidentiality of Your login and account credentials (such as usernames and passwords) and for all activities that occur under Your logins or accounts. You will promptly notify Hiver if You learn of any unauthorized access to or use of Your login credentials or any other security breach related to the Service.
10.2 Hiver reserves the right to access Your account in order to respond to Your requests for technical support, to ensure proper functioning of the Service and full functionality of features, or to investigate a suspected breach of this ToS. For the avoidance of doubt, Hiver has the right, but not the obligation, to monitor the Service, including Your Content, to ensure compliance with this ToS or to ensure the proper functioning of the Service. Hiver may access and monitor accounts if required to do so by law or if Hiver in good faith believes such action is necessary to protect Hiver, the Service, or other users.
10.3 Hiver will maintain commercially reasonable administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of Your Data. These safeguards may include encryption of Your Data in transmission (using SSL or similar technologies), as further described in the Security Clause of Our Website.
10.4 Hiver will take reasonable measures to ensure that the Service does not contain or transmit any device, software, routine, virus, worm, Trojan horse, cancelbot, malicious code, or other harmful component that could disrupt or interfere with the use or proper functioning of any software, hardware, network, or data.
11. Confidentiality
11.1 Definition of Confidential Information. For purposes of this ToS, “Confidential Information” includes the terms of this ToS, Your Content, each party’s proprietary technology, business processes, technical product information, designs, issues, all communications between the parties regarding the Service, and any information clearly identified in writing at the time of disclosure as confidential.
11.2 However, Confidential Information does not include information that:
11.2.1 is or becomes publicly known through no fault of the receiving party;
11.2.2 was already known to the receiving party prior to disclosure by the disclosing party, free of any confidentiality obligations;
11.2.3 becomes publicly known, not due to any act or omission of the receiving party;
11.2.4 is received from a third party without breach of any confidentiality obligation and with the lawful right to disclose it; or
11.2.5 is aggregate data regarding use of the Service that does not contain any personally identifiable or Customer-specific information.
11.3 Mutual Confidentiality Obligations. Each party agrees:
11.3.1 to keep all Confidential Information of the other party confidential;
11.3.2 not to use or disclose Confidential Information except as necessary to perform its obligations or exercise its rights under this ToS or as directed by the other party; and
11.3.3 to protect the confidentiality of Confidential Information in the same manner it protects its own similar confidential information, and in no event with less than a reasonable standard of care.
11.4 Each party will limit access to the other party’s Confidential Information to those employees, Contractors, and service providers who need to know such information for the purposes of this Agreement and who are bound by written confidentiality obligations at least as protective as this Clause 11.
11.5 Notwithstanding the foregoing, a party may disclose Confidential Information to the extent required by law or court order, provided that it gives the other party prompt notice (to the extent legally permitted) to allow the other party an opportunity to seek a protective order.
12. Billing, Plan Modifications, and Payments
12.1 Subscription Charges. Except during Your free trial period (if applicable), all charges associated with Your account (“Subscription Charges”) are due in full and payable in advance as of the moment You subscribe to the Services, in accordance with Clause 12.2. Unless specified otherwise in an order form or other written order (“Form”), the Subscription Charges are based on the Service plans You select and are payable in full until You terminate Your account in accordance with this ToS. You will receive a confirmation by email upon Our receipt of Your payment. You may also obtain a payment receipt through the Services.
12.2 Payment Methods. You may pay the Subscription Charges through a credit card or another accepted payment method as specified in a Form. For credit card payments, payment is due immediately upon Your receipt of Our invoice. You hereby authorize Us (and Our authorized agents, if applicable) to charge Your credit card upon Your subscription to the Services (and upon each renewal). For payments through other accepted methods, payment is due within thirty (30) days of the invoice date unless otherwise stated in a Form.
12.3 Renewal. Your subscription to the Services will renew automatically for successive subscription terms equal in length to the then-expiring term. Unless otherwise provided in a Form, the Subscription Charges for any renewal term will be at Our standard rates for the Service plan to which You subscribed as of the commencement of that renewal term. You acknowledge and agree that, unless You terminate Your account in accordance with Clause 13, Your credit card will be charged automatically for the applicable Subscription Charges at the time of renewal. Any discount provided for an initial term is at Hiver’s discretion and may not apply for renewal terms. We reserve the right to increase subscription prices at the time of any renewal.
12.4 We may use a third-party payment processor to manage credit card and other payment processing. Such third-party processor is not permitted to store, retain, or use Your payment information except to process payments on Our behalf. You must promptly notify Us of any change in Your billing information (for example, if Your credit card is no longer valid or has changed) by updating Your account or by emailing Us at support@hiverhq.com.
12.5 Refunds. Unless otherwise specified in this ToS, a Form, or a specific Service plan, all Subscription Charges are non-refundable. No refunds will be issued for partial use or non-use of the Services.
12.6 Late Payments / Non-payment. If We do not receive payment of Subscription Charges within the prescribed due date, We will notify You of the delinquency. For credit card payments, You must remedy the payment issue within two (2) days after Our notice. For payments through other methods, You must make the payment within fourteen (14) days of Our notice. If We do not receive payment within the foregoing time period, in addition to any other rights and remedies under law, We may:
12.6.1 charge interest on the overdue amount at 1.5% per month (or the highest rate permitted by law, if lower);
12.6.2 suspend Your access to and use of the Services until We receive all outstanding amounts; and/or (iii) terminate Your account in accordance with Clause 13.
12.7 Upgrades and Downgrades. You may upgrade or downgrade Your subscription within a Service plan or between Service plans. You understand that downgrading may cause loss of content, features, or capacity of the Services as available to You before downgrading. We will not be liable for any such loss. If You upgrade, the new Subscription Charges become immediately applicable. Upon upgrade, the Subscription Charges for the current month will be prorated and charged to Your credit card, and subsequent months will be charged in full at the new rate. If You downgrade, the new charges will take effect only after the end of Your current subscription term.
12.8 Taxes. Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or assessments of any kind, including value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder (excluding any taxes based on Our net income). If We have the legal obligation to pay or collect Taxes for which You are responsible, We will invoice You and You agree to pay that amount, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority.
12.9 User Benefits. At Our sole discretion, We may offer You certain benefits related to the Services, such as discounts on Subscription Charges or extensions of subscription terms at no extra charge. Any such benefits are specific to Your account and the Services identified at the time of the offer, and are not transferable. These benefits may have an expiration date. If no expiration date is specified, they will expire twelve (12) months from the date of the offer.
13. Suspension and Termination
13.1 We shall not be liable to You or any third party for any suspension or termination of Your account or Your access to or use of the Services, if such suspension or termination is in accordance with this ToS.
13.2 Either party may terminate this Agreement, effective at the end of the then-current subscription term, by providing at least thirty (30) days’ written notice to the other party prior to the upcoming renewal date.
13.3 If You choose to discontinue using Hiver, You can request deletion of Your Hiver account through the admin panel in Your Hiver settings. The Hiver support team will contact You to complete the deletion process. Alternatively, You can submit a deletion request by writing to support@hiverhq.com.
13.4 Effect of Termination.
13.4.1 Data Export. We strongly recommend that You export all Your Data before You terminate Your account. In any event, following termination of Your account (whether by You or by Us) or the expiration of a free trial without subscription, Your Data will be retained for a period of fourteen (14) days (the “Data Retention Period”) from the date of termination or expiration. During this Data Retention Period, You may contact Us to export Your Data. Beyond this Data Retention Period, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once it is deleted. Please note that some of Your content, data, information, or files may remain in Our backups for up to two months.
13.4.2 Charges. If You terminate Your account prior to the end of Your then-current subscription term, or if We terminate Your account due to Your breach of this ToS, then in addition to other amounts You may owe Us, You must immediately pay all unpaid Subscription Charges for the remainder of Your subscription term (unless We agree in writing to waive such fees). This obligation will not apply if You terminate Your subscription or account as a result of a material breach of this ToS by Us, provided that You have given Us advance written notice of such breach and at least thirty (30) days to cure the breach.
14. Disclaimer of Warranties
14.1 THE WEBSITES AND THE SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, OR OTHER TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14.2 YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICES OR WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND YOU FURTHER ACKNOWLEDGE THAT WE DO NOT WARRANT THAT YOUR ACCESS TO THE SERVICES, WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS (ALL BEYOND OUR CONTROL), WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
14.3 THE CONTENT ON OUR WEBSITES IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING (OR REFRAINING FROM) ANY ACTION ON THE BASIS OF CONTENT ON OUR WEBSITES. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SERVICES OR WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS ToS.
15. Limitation of Liability
15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE, LOST DATA OR CONTENT, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.
15.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY, AND THAT OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, RELATING TO THE SERVICES, WILL BE LIMITED TO THE LOWER OF:
15.2.1 THE TOTAL AMOUNT OF SUBSCRIPTION CHARGES PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY; OR
15.2.2 THE SUBSCRIPTION CHARGES FOR TWELVE (12) MONTHS OF THE SERVICE PLAN APPLICABLE TO THE CLAIM.
15.3 THE LIMITATIONS AND EXCLUSIONS IN THIS CLAUSE 15 SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Indemnification
16.1 Indemnification by Hiver. Subject to Your compliance with this ToS, Hiver will defend You and indemnify You against any third-party claim alleging that the Services, as provided by Hiver, infringe or misappropriate such third party’s valid patent, copyright, or trademark (an “IP Claim”), and Hiver will pay any damages finally awarded against You (or agreed to in settlement) for such IP Claim, including reasonable attorney fees, provided that:
16.1.1 You promptly notify Hiver in writing of the threat or notice of an IP Claim;
16.1.2 Hiver has sole and exclusive control over the defense and settlement of the IP Claim (provided that any settlement unconditionally releases You of all liability); and
16.1.3 You cooperate with Hiver in good faith in the defense of the claim.
16.2 Hiver will have no liability or obligation with respect to any IP Claim to the extent it is caused by:
16.2.1 Hiver’s compliance with designs, data, instructions, or specifications provided by You;
16.2.2 modification of the Services by anyone other than Hiver; or
16.2.3 the combination, operation, or use of the Services with equipment, software, or data not supplied by Hiver, if the IP Claim would not have arisen but for such combination, operation or use.
16.3 Indemnification by You. You will defend and indemnify Hiver and its employees, officers, directors, and agents against any third-party claim arising from or related to:
16.3.1 Your use of the Services in breach of this ToS, or
16.3.2 any matter that You have expressly agreed to be responsible for pursuant to this ToS; provided that Hiver promptly notifies You in writing of the threat or notice of such a claim.
17. Miscellaneous
17.1 Assignment. You may not assign Your account or any of Your rights or obligations under this ToS without Hiver’s prior written consent, except that You may assign this ToS in its entirety (along with all of Your accounts) to Your successor-in-interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Your assets. Hiver may assign its rights, interests, and obligations under this ToS, in whole or in part and without restriction.
17.2 Waiver. The failure of Hiver to exercise or enforce any right or provision of this ToS shall not constitute a waiver of such right or provision. No waiver by either party of any breach of this ToS shall be a waiver of any other breach, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
17.3 Export Controls. You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control. If You are located outside of the United States, You agree to also comply with any local laws regarding online conduct and acceptable content, including laws governing the export and re-export of data to and from the United States and Your country.
17.4 Governing Law; Venue. This ToS shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any disputes or claims arising out of or relating to this ToS or its subject matter. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL in connection with any action or litigation in any way arising out of or related to this ToS.
17.5 Severability. If any provision of this ToS is held by a court of competent jurisdiction to be invalid, void, or unenforceable, that provision shall be severed, and the remaining provisions of this ToS shall remain in full force and effect.
17.6 No Third-Party Beneficiaries. Nothing in this ToS is intended to confer upon any person or entity (other than the parties hereto and their respective successors and assigns) any rights or remedies.
18. Modifications to this Agreement
18.1 Hiver may change this ToS from time to time. The most current version of the ToS will be available at https://hiverhq.com/terms. If We make material changes, We will update the “Last Updated” date at the top of this ToS and will use commercially reasonable efforts to notify You of the changes (for example, by a notice through the Service or by email to the address associated with Your account).
18.2 Any changes to the ToS will become effective on the earlier of:
18.2.1 Your use of the Service after being notified of the changes; or
18.2.2 fourteen (14) days after the changes are posted (if You have not otherwise expressly accepted the updated terms sooner).
18.3 Your continued use of the Service after the date any such changes become effective constitutes Your acceptance of the updated ToS, provided that any disputes arising hereunder will be resolved in accordance with the version of the ToS in effect at the time the facts giving rise to the dispute occurred.
18.4 You understand and acknowledge that by agreeing to this ToS, You are agreeing to arbitrate disputes as set forth in the Arbitration Agreement (under the heading “Dispute Resolution By Binding Arbitration”), and that the terms of the Arbitration Agreement will not be amended without Your express consent.
19. Contacting Us
19.1 All notices that We are required to provide to You under this ToS may be delivered in writing either (i) by nationally recognized overnight courier service (“Courier”) or by U.S. mail to the mailing address that You provided when subscribing to the Services, or (ii) by electronic mail to the email address associated with Your account.
19.2 If You need to give notice to Hiver under this ToS, You must do so in writing by Courier or U.S. Mail to: Hiver, Inc., Suite 203, 2880 Zanker Rd, San Jose, CA 95134, USA, with a copy by electronic mail to legal@hiverhq.com.
19.3 All such notices will be deemed given and effective:
19.3.1 immediately upon delivery by electronic mail; or
19.3.2 if delivered by Courier or mail, upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as provided above.
19.4 If You have any questions or concerns about the Services or this ToS, You may contact Us by email at support@hiverhq.com.
Addendum to Terms of Service – Hiver in Gmail
- Extension Use
Hiver in Gmail’s experience is delivered via a browser-based interface, including an official Chrome extension. Customers must only use authorized extensions provided by Hiver and may not deploy scripts or third-party tools that interfere with Gmail’s standard interface or the Hiver Service.
