Last update: Jun 26, 2023
Welcome to Hive. Hive Computing Services SA (“Hive”, “we”, “us”) provides cloud storage services with user-controlled encryption. Using Hive, you and other users can encrypt your files using user-controlled encryption (“UCE”), upload, access, store, manage, share, download and decrypt files, and any data (all of which we call “data” in these terms) and give access to that data to others (all together, “services” and each, a “service”). We provide our services ourselves at our websites at hivenet.com subdomains and related sites (“websites”), using our mobile apps (“mobile apps”), our desktop apps (“desktop apps”), our command line tools (“cmd tools”), our browser extensions (“browser extensions”) and our application programming interface (“API”). If you have questions about how to use our services, send a mail to firstname.lastname@example.org.
Important: We store all personal data on servers in <where?>. If you access your data or give someone else access to your data using our services and you or they are not in Switzerland or Europe, you or they may be accessing that data from a country that does not give adequate protection to personal information when compared to that given under General Data Protection Regulation (“GDPR”). By agreeing to these terms, you authorize us to grant that access.
These terms are binding and apply to any use of the services by you and anyone who you allow to access your data or our services. By using our services, you and they irrevocably agree to these terms. If you do not like these terms or don’t want to be bound by them, you can’t use our services. In particular, OUR SERVICES ARE PROVIDED SUBJECT TO CERTAIN DISCLAIMERS BY US AND UNDERTAKINGS BY YOU, INCLUDING AN INDEMNITY FROM YOU IF YOU BREACH THESE TERMS – see clauses 40-51. Switzerland LAW AND ARBITRATION OF ANY DISPUTES APPLIES EXCLUSIVELY – see clauses 52 and 53.
We can change these terms at any time by providing you at least 30 days’ prior notice of the change, whether via email or via a message in any service we provide. Your continued use after that notice means that you agree to the changed terms. If you have paid for a subscription that is due to expire after that 30 day notice period and you do not wish to continue to use our services under the new terms, you may terminate your subscription before the new terms come into force. We will then (but not otherwise) refund the unexpired portion of your subscription payment within 30 days and close your account. For more information about refunds, recurring paid subscriptions and their termination, see clauses 58-60.
If you comply with these terms, then we grant you a non-exclusive, non-transferable, worldwide licence to access and use our services, in accordance with these terms and any plan you have subscribed for.
If you allow others to access your data (e.g. by giving them a link to, and a key to decrypt, that data), in addition to them accepting these terms, you are responsible for their actions and omissions while they are using our services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms. This is particularly the case where you are the administrator of a business account (see clauses 33-35 and 54-57 below).
UCE is fundamental to our services. This means that you, not us, have encrypted control of who has access to your data. You should keep your password and Recovery Key safe and confidential. You must not share your password with anyone else and should not release encryption keys to anyone else unless you wish them to have access to your data. If you lose or misplace your password, you will lose access to your data. Encryption won’t help though if someone has full access to your system or device. We strongly urge you to use best practices for ensuring the safety and security of your system and devices (e.g. via unique passwords, security upgrades, firewall protection, anti-virus software, securing and encrypting your devices). Hive will never send you emails asking for your password so do not be fooled by any such email since it will not be from us.
You must maintain copies of all data stored by you on our services. We do not make any guarantees that there will be no loss of data or the services will be bug free. You should download all data prior to termination of services.
Our service may automatically (without us viewing the file content) delete a file you upload, store, access or share where it determines that the file is an exact duplicate of a file already on our service (a process usually referred to as deduplication). In that case, the original file will be accessed by you and any other user and that file will be retained as long as any user has a right to access it under these terms. Any right of deletion that you exercise will not apply to a deduplicated file that is associated with another user.
We will store your data subject to these terms and any plan you subscribe to. If you choose to stop using our services, you must download your data first because after account closure we may, if we wish, delete all your data.
If we suspend or terminate our services to you because you have breached these terms, or someone you have given access to has breached these terms, during the term of that suspension we may, if we wish, delete your data immediately or deny you access to your data but keep it for evidential purposes. See also clauses 33-35 and 54-57 below which set out details of what happens to users within a business account when the business account is suspended or terminated.
In circumstances where we cease providing our services for other reasons, we will, if we consider it appropriate, it is reasonably practicable and we are not prevented by law or likely to incur any liability in doing so, give you 30 days’ notice to retrieve your data.
Once you have subscribed to a plan for our services (with payment having been made via one of our websites, one of our mobile apps or our desktop app), you need to continue to pay the fees (if any) for that plan (and any other taxes or duties). No matter which reseller or related or affiliated entity of Hive you make payment to, your contract for services is with Hive Computing Services SA and is governed exclusively by these terms and our policies referenced in these terms.
We can at any time change the fees for our services (other than those you have already paid for) and/or the terms of any services we provide to you (including without limitation the terms of any ‘achievements’, ‘referral’ or similar programs we may offer), as long as we give you (subject at all times to clause 34), 30 days’ notice of any such changes. Where we change the fees for our services, in the absence of manifest error or other lawful error, you can’t withhold payment or claim any set-off without getting our written agreement.
If at any time you do not make a payment to us when you are supposed to (including on termination), we can (and this doesn’t affect any other rights we may have against you):
require you to pay, on demand, default interest on any amount you owe us at 10% per annum calculated on a daily basis, from the date when payment was due until the date when payment is actually made by you. You will also need to pay all expenses and costs (including our full legal costs) in connection with us trying to recover any unpaid amount from you.
You can’t, and will ensure that no users within a business account, of which you are administrator:
If you register with us, you will need to use a password in conjunction with your specific account email address. You need to make sure your password is secure, not used by you on other sites and confidential. Make sure you tell us straight away if you think or know someone else has used your password or there has been any other security breach. We will hold you responsible for anything done using your account and password. MAKE YOUR PASSWORD A STRONG ONE AND KEEP IT SECURE. We are not responsible if someone else gains access to your computer or other device and/or your Hive password and/or encryption keys for any files.
You are not allowed to, and you can’t let anyone else (including in particular any user within a business account of which you are administrator), use, copy, alter, distribute, display, licence, modify or reproduce, reverse assemble, reverse compile, communicate, share, transmit or otherwise make available, (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever), any of our code, content, copyright materials, intellectual property or other rights without getting our permission in writing, other than in order to use our services as intended or as allowed under any open source licences under which we use intellectual property provided by others. The open source code that we use, where we obtained it, and licences for that code, are all referenced on our websites and via our mobile apps.
Without limiting any other provision of these terms, you are only permitted to directly and specifically use the API if you register at the developer registration page and agree that you may only publish or make available your application after we have approved it pursuant to our application approval process and licence agreement available on request.
You own, or undertake that you are authorized to use, any intellectual property in any data you store on, use, download, upload, share, access, transmit or otherwise make available to or from, our systems or using our services. You grant us a worldwide, royalty-free license to use, store, back-up, copy, transmit, distribute, communicate, modify and otherwise make available, your data, solely for the purposes of enabling you and those you give access to, to use our services and for any other purpose related to provision of the services to you and them.
We respect the copyright of others and require that users of our services comply with copyright laws. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, access, display, stream, distribute, e-mail, link to, communicate, transmit, or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:
We reserve the right to remove data alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate your account if we consider you to be a repeat infringer.
Details of our designated copyright agent for notice of alleged copyright infringement are on our contacts page.
We process all takedown notices based on good faith acceptance of the representations from the party submitting the takedown notice. We do not review the material before processing the takedown notice.
You may file a counter-notice if you believe that access to a file you have uploaded has been wrongly disabled because it was the subject of an incorrect takedown notice. You should only do so if you are confident that no other party owns copyright in the material, or you have rights to store the material and, if you are sharing it, that you have the right to do so.
Please understand that:
By filing a counter-notice, you are deemed to have accepted the above terms. If you do not accept the above terms, do not file a counter-notice.
To file a counter-notice with us, you must provide a written communication at email@example.com that includes substantially the following:
We will only accept a counter-notification directly from the user from whose account a folder or file has been disabled. Counter-notifications must be submitted from the email address associated with that Hive account.
If we do not receive any further communication from or on behalf of the person who originally submitted the takedown notice, or any communication we do receive does not in our sole opinion adequately justify the original takedown notice, we may, but shall not be obliged to, reinstate the material in approximately 10-14 days provided we have no reason to believe that the material infringes copyright.
Nothing in this counter-notice section prejudices our right to remove or disable access to any material at any time, for any reason or no reason.
If you consider there has been some other infringement or breach of law, or of these terms, and wish to file a complaint, contact us at the relevant address on our contacts page. We will generally require the same amount of detail as set out above for copyright infringement notices.
You can terminate your access to our services at any time by following the ‘Cancel your account’ link in the Account section of our websites or the Settings section of our mobile apps. However, we will not provide any part-refund for any allowance not used on any subscription you may have, other than under clauses 4 and 58. If you are a business account administrator you may also terminate access to any user within the business account.
We can immediately suspend or terminate your, and (as may be applicable) that of other users within a business account, access to our websites and our services without notice to you:
Without in any way limiting the other rights available to us pursuant to these terms to take such further action as we deem necessary in any case, we may temporarily suspend your account, where a pattern of access to your account suggests to us that the account may have been compromised. You will subsequently be required to provide such verification of your right to access your account, as we deem appropriate, before we will unsuspend your account.
We may also terminate, suspend or limit our services or any part of our services, for all users or for groups of users, without notice, at any time, and as applicable for any duration of time(s) that we specify, for any reason or no reason, provided that in any such cases, to the greatest extent permitted at law, we will have no liability to you in any regard as a result of any such actions.
All charges outstanding on your account must be paid at termination.
You may not use, export, re-export, import, or transfer any software or code supplied as part of your use of our services: (a) into any European Union or Switzerland embargoed countries (b) to anyone listed as a specifically prohibited recipient by the European Union or the Switzerland Government. By using our websites and our services, you represent and warrant that you are not located in any such country or on any such list. You also will not use our websites or our services for any purpose prohibited by the European Union, Switzerland or any other law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else or to you again.
We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, epidemics, pandemics, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a “Force Majeure Event“). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.
WE DON’T GIVE YOU ANY WARRANTY OR UNDERTAKING ABOUT THE SERVICES WHICH ARE PROVIDED “AS IS”. TO AVOID DOUBT, ALL IMPLIED CONDITIONS OR WARRANTIES ARE EXCLUDED AS MUCH AS IS PERMITTED BY LAW, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, SAFETY, RELIABILITY, DURABILITY, TITLE AND NON-INFRINGEMENT.
We will try to give you access to our services all the time, but we do not make any promises or provide you with a warranty that the services will be without any faults, bugs or interruptions.
Whilst we intend that the services should be available 24 hours a day, seven days a week, it is possible that on occasions our services may be unavailable to permit maintenance or other development activity to take place or be periodically interrupted for reasons outside our control.
Information provided on our services will change regularly. We will try to keep the information up to date and correct, but again, we do not make any promises or guarantees about the accuracy of such information.
We do not warrant that the services will meet your requirements or that they will be suitable for any particular purpose.
We also aren’t legally responsible for:
You warrant that if you are accessing and using the services for the purposes of a business then, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction do not apply to the supply of the services or these terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR SERVICES, AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY OR PRODUCT LIABILITY, OR OTHERWISE.
YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS OR ANY POLICY REFERENCED IN THESE TERMS.
IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF OUR SERVICES AND THE CONTRACT YOU HAVE WITH US.
DESPITE THE ABOVE, IF ANY COURT OR OTHER COMPETENT AUTHORITY HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE MOST RECENT SUBSCRIPTION AMOUNT YOU HAVE PAID TO US.
Any and all disputes arising out of this agreement, its termination, or our relationship with you shall be determined by binding arbitration under the laws of Switzerland.
The relationship we have with you under these terms and their interpretation and construction together with any dispute, suspension or termination arising out of or in connection with them, is governed exclusively by Switzerland law. Hive does not submit to any other jurisdiction other than Switzerland and Switzerland law.
You and we submit to the exclusive jurisdiction of the Switzerland arbitral tribunals (and courts for the purposes of the enforcement of any arbitral award or appeal on question of law). The parties agree to enforcement of the arbitral award and orders and any judgement in Switzerland and in any other country.
Unless otherwise provided by Switzerland law or by a particular service offer, all purchases are final and non-refundable. If you believe that Hive has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. If you have made a payment by mistake and have not used the subscription plan services, you must contact uswithin 24 hours. This will be acknowledged promptly and answered within 7 days.
Recurring subscriptions will renew indefinitely, either monthly or annually, based upon your chosen subscription period, unless the subscription is canceled prior to a renewal date. For recurring subscriptions established via mobile apps using in-app-purchase platforms, you should refer to your app store account for details of the dates and terms of the subscription. Any other recurring subscription will renew on the same day of month as it was established, except in cases where the day is not available due to a short month, in which case the renewal date will be moved to the first day of the following month.
Recurring subscriptions established through the mobile app using in-app-purchase platforms should be canceled through the relevant app store account directly. Any other recurring subscription should be canceled by navigating to your account in your browser while you are logged into your account and selecting the option to cancel your subscription. Any payments processed after an effective subscription cancellation will be promptly refunded by us. If you cancel a paid subscription, but you maintain your Hive account as a free account, access to your account may be restricted or blocked if the level of use is above the limits applying to free accounts at that time.
We reserve the right to disclose data and other information as required by law or any competent authority. Our approach is referenced in our Privacy and Data Policy, both of which are subject to these terms.
You can contact us by sending an email to support@Hivenet.com. If we need to contact you or provide you with notice we will email you at the email address you have recorded in your account details and such notices will be valid and deemed to be received by you whether or not you are using that address. We may also send notices via any chat facility or internal messaging system we may provide.
Hive Limited employees, officers, agents, related companies and affiliates together with authorized suppliers of services to and authorized resellers of, our services, are entitled to the benefit of all indemnities and other provisions of these terms which are for the benefit of Hive in these terms.