Terms of service

These Hivenet Terms of Service govern your access to and use of Hivenet websites, software, apps, APIs, and services, including Store, Send, Compute, Hivenet S3-compatible storage, Hivenet Inference API, GPT, Private AI, and related services.

Please read them carefully. By creating an account, clicking to accept these Terms, installing Hivenet software after these Terms have been presented to you, or otherwise using a service after these Terms have been made available to you, you agree to them to the extent permitted by applicable law.

1. Who these Terms are with

These Terms are between you and HIVE COMPUTING SERVICES SA, a company organized under the laws of Switzerland and operating publicly under the Hivenet brand.

In these Terms, “Hivenet,” “we,” “our,” and “us” mean HIVE COMPUTING SERVICES SA. We may use affiliates and service providers to help deliver the services, but they do not become parties to these Terms unless a separate agreement expressly says otherwise.

A consumer is a natural person using a service mainly for purposes outside their trade, business, craft, or profession. A business user is a person or organization using a service for business, organizational, professional, or commercial purposes.

If a signed order form, reseller agreement, enterprise agreement, or other separate agreement identifies another Hivenet affiliate as the contracting party for a specific service, that agreement controls for the services it covers.

If you use a service on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity. In that case, “you” means that entity, and the individual using the service must also comply with these Terms.

2. Scope of these Terms

These Terms apply to Hivenet self-serve services and related websites, software, apps, APIs, support channels, and hosted environments unless a separate signed agreement applies.

Some services may also have service-specific terms, order forms, acceptable use rules, service level commitments, data processing terms, or other supplemental terms.

If documents conflict:

1. a signed agreement or order form controls for the services it covers;
2. service-specific supplemental terms control for the subject they address; and
3. these Terms apply to everything else.

Pricing pages, service descriptions, documentation, and similar materials may define prices, features, limits, and operational rules for a service. They do not amend these Terms unless they expressly say that they form part of the agreement.

If you obtain Hivenet software through a third-party app store or distributor, its applicable terms may also apply. Those terms govern your relationship with that distributor where relevant; these Terms govern your relationship with Hivenet.

3. Eligibility and accounts

You may use the services only if you are legally able to enter into this agreement under applicable law.

The services are not directed to children and are not intended for anyone below the age at which they can lawfully use the relevant service under applicable law.

You must provide accurate and current registration, billing, and contact information and keep it up to date.

You are responsible for activity carried out through your account by you and by people you authorize to use it. You must take reasonable steps to protect your login credentials, recovery methods, encryption passphrases, API credentials, SSH keys, and similar access tools.

If a service uses client-side encryption, encryption passphrases, or customer-managed keys, you are responsible for keeping them safe. If you lose them, access to your content may be lost permanently.

Tell us promptly if you believe your account or credentials have been compromised.

4. Business and administrator accounts

If you create, buy, or administer an account for a business, team, or enterprise:

1. you represent that you are authorized to act for that organization;
2. you are responsible for managing users, permissions, billing settings, and service settings available to you;
3. you must ensure that people you authorize to use the account comply with these Terms and any applicable order form or policy; and
4. where the service provides administrator controls, you acknowledge that authorized administrators may manage, suspend, or remove user access and may have access to organization content, subject to applicable law and the organization’s own policies.

We may provide authorized administrators with account, billing, usage, and administrative information needed to manage the organization’s account, in accordance with our Privacy Policy and applicable law.

5. License to use Hivenet

Subject to these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable right to access and use the services for your personal or internal business purposes for as long as you are entitled to use them.

Where we provide Hivenet software, we also grant you a limited, non-exclusive, non-transferable license to download, install, and run that software on devices you own or are authorized to use, solely for accessing and using the Hivenet services.

This license includes updates and replacement versions that we make available to you unless separate terms apply to them. An update may replace or modify an earlier version of the software.

Some Hivenet software may include open-source components governed by separate licenses. Where an open-source license gives you rights that differ from these Terms, that license controls for the relevant component.

You may not resell, sublicense, lease, or otherwise make the services or Hivenet software available to third parties except where we expressly permit it in writing.

Your rights under this section may be suspended or terminated only as described in these Terms or as required by applicable law.

6. Changes to the services and these Terms

6.1 Changes to the services

We may update, modify, add to, replace, or discontinue services or features for valid reasons, including:

1. maintaining or improving security, reliability, performance, or compatibility;
2. fixing defects or addressing technical limitations;
3. complying with legal, regulatory, or security requirements;
4. preventing fraud, abuse, or misuse;
5. adapting to changes in technology, infrastructure, third-party services, or dependencies; or
6. developing, improving, replacing, or discontinuing services or features.

Changes required for security, legal compliance, or urgent technical reasons may take effect immediately.

For other material changes that negatively affect your use of a paid or continuing service, we will give reasonable advance notice where practicable. Where applicable law requires notice on a durable medium, a right to continue using the service without the change, or a right to terminate without charge, we will provide those rights.

We will not impose an additional charge solely because of a modification to a continuing service unless you agree to the charge or choose a different paid service or plan.

Routine maintenance, software updates, compatibility changes, and technical operation are also addressed in Section 20.

6.2 Changes to these Terms

We may update these Terms where reasonably necessary because of:

1. changes in law, regulation, court decisions, or regulatory guidance;
2. security, fraud-prevention, or abuse-prevention requirements;
3. new, changed, or discontinued services;
4. changes to the technology or infrastructure used to provide the services;
5. changes to our corporate structure that affect the agreement; or
6. corrections, clarifications, or improvements that do not materially reduce your rights.

If a change to these Terms materially affects your rights or obligations, we will give you reasonable advance notice by email, in-product notice, or another appropriate method. Where applicable law requires notice on a durable medium, we will provide it that way.

Material changes will not apply retroactively unless required by law.

If a material change negatively affects you, you may stop using the affected service and cancel any recurring subscription before the change takes effect. Any additional termination, refund, or consumer rights required by applicable law also apply.

Where applicable law requires your express consent to an updated agreement, we will ask for it. Otherwise, continued use of the affected service after the effective date of the updated Terms constitutes acceptance only to the extent permitted by applicable law.

We may make a change effective sooner where reasonably necessary to address an urgent legal, regulatory, security, fraud, or technical issue. Where practicable, we will explain the change and why it was necessary.

7. Customer Content and your responsibilities

“Customer Content” means files, data, prompts, outputs, code, models, configurations, messages, and other content that you or your users upload to, run on, store in, send through, or otherwise provide through the services.

Customer Content does not include account information, billing records, service telemetry, security logs, or other information Hivenet creates independently to operate, secure, measure, or administer the services. Our processing of personal data is addressed in the Privacy Policy and Section 17.

You keep all rights you have in your Customer Content. These Terms do not transfer ownership of your Customer Content to Hivenet.

You are responsible for:

1. your Customer Content and how you use it;
2. making sure you have the rights, permissions, and lawful grounds needed to use that content with the services;
3. complying with laws, contractual duties, and other requirements that apply to your use of the services and Customer Content;
4. maintaining your own backups where appropriate; and
5. deciding whether a service is suitable for your privacy, security, residency, regulatory, or other requirements.

We do not routinely review all Customer Content and do not endorse content provided by users. Nothing in these Terms limits any responsibility or obligation that applies to us under applicable law.

8. Limited permission to process Customer Content

You give Hivenet and the service providers acting on our behalf a limited, worldwide, non-exclusive, royalty-free permission to host, store, reproduce, transmit, cache, back up, reformat, display, and otherwise process Customer Content only as reasonably needed to:

1. provide and operate the services you use;
2. maintain, secure, troubleshoot, and improve their performance and reliability;
3. prevent and investigate fraud, abuse, or security incidents;
4. comply with applicable law, court orders, or regulatory requirements; and
5. enforce these Terms.

For shared links, collaborative features, and file transfers, this permission includes making Customer Content available to the people you choose to receive or access it.

We do not claim ownership of your Customer Content.

For Store with Hivenet, we do not use the files or photos you store with us to train AI models.

Any different processing that applies to an AI, enterprise, or other specialized service must be described in the applicable service terms, agreement, or Privacy Policy.

9. Acceptable use

You may not use the services, or allow others to use them, to:

1. break the law or violate the rights of others;
2. infringe intellectual property, privacy, confidentiality, publicity, or other rights;
3. engage in fraud, threats, harassment, exploitation, or other unlawful or materially harmful conduct;
4. store, process, send, or make available child sexual abuse material, unlawful terrorist content, malware, ransomware, phishing content, credential-harvesting tools, botnets, or other malicious code;
5. run denial-of-service attacks, spam campaigns, unauthorized vulnerability scans, or other abusive or unauthorized resource-intensive activity;
6. probe, scan, bypass security controls, or test Hivenet systems or another person’s systems without authorization;
7. gain or try to gain unauthorized access to any service, account, device, data, or network;
8. interfere with the availability, performance, integrity, or security of the services;
9. misuse confidential information, personal data, intellectual property, or other protected material when building, benchmarking, training, or operating systems or models;
10. impersonate another person or organization or materially misrepresent your identity, affiliation, or purpose;
11. use the services in violation of applicable sanctions, export-control, anti-money-laundering, or counter-terrorist-financing laws; or
12. encourage, assist, or enable another person to do any of the above.

Good-faith security research conducted in accordance with the current Hivenet Bug Bounty and Responsible Disclosure Policy is authorized to the extent described in that policy. Security testing outside that policy requires our permission.

We may take proportionate action against violations as described in Sections 11 and 19.

10. Service-specific rules

10.1 Store and similar personal storage services

Store and similar personal storage services may include encrypted file storage, synchronization, photo backup, file sharing, online-only files, recovery features, and related tools.

Where a service uses an encryption passphrase, customer-managed key, or similar secret that Hivenet cannot recover, you are responsible for keeping it safe. Losing it may permanently prevent you from accessing encrypted content.

We take measures designed to protect service integrity and availability, but you should maintain any additional backup that is appropriate for content you cannot afford to lose.

Files and photos stored through Store with Hivenet are not used to train AI models.

10.2 Send and similar transfer services

Send and similar transfer services are designed for temporary file transfer rather than permanent storage.

Transfers, download links, retention periods, file-size limits, usage limits, and other operational rules are shown in the relevant service, plan, or product information and may change in accordance with Section 6.

A transfer may become unavailable and its stored data may be deleted when its stated retention period expires.

You are responsible for choosing recipients and for how you distribute transfer links, passwords, or other access information.

10.3 Compute and similar infrastructure services

Compute services may include GPU and CPU instances, virtual machines, containers, storage, networking, templates, APIs, and related infrastructure.

You are responsible for the workloads, data, models, code, credentials, packages, network configuration, ports, endpoints, and outputs you place on or expose through your instances.

Compute instances are not intended to serve as your only long-term backup. Maintain copies of data you need to keep.

Stopping an instance and terminating an instance have different effects. Stopped instances may be retained only for the period stated in the service or documentation and may later be terminated automatically. Terminating an instance permanently deletes the instance and may permanently delete its associated data.

Compute may use prepaid credits, usage-based charges, and minimum-balance requirements. If your balance becomes too low to start or continue a workload, an instance may be prevented from starting or may be stopped or terminated according to the service rules shown to you.

10.4 S3 and similar business storage services

Business storage services may include S3-compatible object storage and other storage products intended for business, application, infrastructure, dataset, backup, archive, or technical workloads.

You are responsible for access credentials, permissions, bucket or storage policies, lifecycle rules, integrations, applications, and other configurations under your control.

Where a service offers a region choice, the available regions and any residency commitments are those stated for the relevant service or agreement. Do not rely on a region, residency, durability, availability, or performance commitment that Hivenet has not expressly made for the service you use.

Maintain any additional backup or redundancy required for your workload unless a separate agreement expressly assigns that responsibility to Hivenet.

Pricing, egress treatment, storage classes, limits, and other operational rules are those shown for the relevant service and may change in accordance with Section 6.

10.5 AI, inference, and private AI services

AI services may include Hivenet Inference API, hosted inference, managed endpoints, Private AI deployments, GPT, chat systems, models, templates, and related services.

You are responsible for the prompts, files, data, model choices, configurations, outputs, and downstream uses associated with your use of an AI service.

You must not use an AI service for unlawful automated decision-making, unlawful surveillance, or other activity prohibited by these Terms or applicable law.

AI outputs may require review or verification before you rely on them, depending on the model, workload, and intended use.

Enterprise AI services may be governed by additional terms in an order form, data processing agreement, service description, security schedule, or other signed agreement.

11. Reports, enforcement, and review

11.1 How we enforce these Terms

We are not required to routinely inspect all Customer Content or activity on the services.

We may investigate suspected violations of these Terms, reports of illegal content or conduct, fraud, abuse, security incidents, or other activity where investigation is reasonably necessary.

Depending on the service and the issue, we may use technical security measures, information provided in reports, and human review to assess suspected violations. If we use automated systems to make or materially support enforcement decisions, we will provide information about their use where required by applicable law.

When enforcing these Terms, we will act reasonably and proportionately, taking into account the nature, seriousness, frequency, and consequences of the conduct and any applicable legal requirements.

Actions may include:

1. warning you or asking you to correct the issue;
2. restricting particular content, traffic, features, or activity;
3. removing or disabling access to content where technically possible and legally appropriate;
4. temporarily suspending access;
5. terminating access in accordance with Section 19;
6. preserving information where legally permitted or required; or
7. cooperating with courts, regulators, or law-enforcement authorities where required or permitted by law.

Immediate action may be taken where reasonably necessary to address serious security threats, illegal activity, fraud, harm to another person, or another urgent risk.

11.2 Reporting illegal content or conduct

If you believe specific content or conduct using a Hivenet service is illegal or violates these Terms, you can report it electronically using the reporting method provided on our website or by contacting us at hello@hivenet.com.

Your report should include, where reasonably available:

1. an explanation of why you believe the content or conduct is illegal or violates these Terms;
2. enough information for us to identify the content or activity, such as a transfer link, shared link, account, URL, instance, or other relevant identifier;
3. your contact details if you want us to contact you about the report; and
4. a statement that the information you provide is accurate to the best of your knowledge.

We may ask for additional information if we cannot reasonably assess the report without it.

11.3 Decisions and review

Where required by applicable law, if we restrict content, suspend an account, or take another enforcement action because we consider Customer Content illegal or incompatible with these Terms, we will provide the affected user with the reason for the decision and information about available ways to challenge it.

You may ask us to review an enforcement decision by contacting support using the contact method stated in the decision or on our website.

A review does not prevent us from maintaining an urgent restriction while the review is pending where doing so is reasonably necessary for security, legal compliance, or protection of users or third parties.

Nothing in this section limits any complaint, appeal, court, regulatory, or other redress rights available under applicable law.

11.4 Account and payment reviews

If we reasonably suspect fraud, unauthorized payment activity, account compromise, abuse, sanctions risk, or another security issue, we may ask you to verify your identity, account ownership, billing information, payment method, or relevant account activity.

You must provide accurate information and reasonable cooperation within the period stated in our notice.

While a review is pending, we may decline or cancel payment attempts, disable payment methods, freeze or reverse credits, or suspend or restrict the account where reasonably necessary. If you do not respond, cannot complete verification, or the risk remains unresolved, we may keep restrictions in place or terminate the affected service in accordance with Section 19.

We may act without prior notice where immediate action is reasonably necessary.

12. Fees, billing, taxes, and credits

Some Hivenet services are free. Others require payment.

Prices, rates, billing periods, usage rules, and other charges are shown in the relevant service, pricing page, purchase flow, or order form before they apply.

If a price cannot reasonably be calculated in advance because it depends on usage, we will explain how the price is calculated.

You are responsible for charges incurred through your account by you and by people you authorize to use it.

12.1 Subscriptions

A subscription may renew automatically until you cancel it.

Before you subscribe, we will show you the applicable price, billing period, and renewal terms.

You authorize us and our payment providers to charge your selected payment method for each renewal unless you cancel before the applicable renewal date.

If you subscribe through an app store or another third-party billing provider, that provider may process your payments, cancellations, and refunds under its own applicable rules.

12.2 Usage-based services

Usage-based services are charged according to the rates and metering rules applicable when the usage occurs.

You are responsible for charges generated by resources that remain active under your account until they are stopped, terminated, or otherwise cease generating charges according to the relevant service rules.

Usage estimates, forecasts, and cost projections are informational unless we expressly identify them as fixed prices.

12.3 Taxes

Where applicable law requires a consumer price to include taxes or other mandatory charges, the price shown to the consumer will include them.

Prices offered to business customers may be shown exclusive of VAT or other taxes where permitted and clearly stated.

We may collect VAT, sales tax, or other taxes that we are required to collect. You remain responsible for taxes that applicable law requires you to pay directly.

12.4 Credits

Some services may allow or require you to buy credits in advance.

Paid credits:

1. may be used only for Hivenet services for which we make them available;
2. are deducted according to the applicable service rates as you use those services;
3. cannot be transferred between accounts or redeemed for cash unless we expressly allow it or applicable law requires it; and
4. do not expire unless an expiry is clearly disclosed when you buy them and is permitted by applicable law.

Free, bonus, referral, or promotional credits may have separate eligibility requirements, limits, or expiry dates. We will disclose those conditions when the credits are issued.

Unless applicable law or these Terms provide otherwise, unused paid credits are not refundable merely because you decide to stop using a service or close your account.

If we permanently discontinue a service and you can no longer reasonably use paid credits bought for that service, we will refund or otherwise compensate the remaining paid value where required by applicable law or where no reasonable equivalent use is available.

The same principle applies if we terminate your access without breach, fraud, payment failure, legal restriction, or other fault on your part.

We may correct, freeze, reverse, or remove credits associated with errors, chargebacks, fraud, abuse, sanctions restrictions, or unauthorized activity.

12.5 Failed or overdue payments

If a payment fails, is reversed, or becomes overdue, we may restrict or suspend the affected paid services in accordance with Section 19.

You remain responsible for valid charges incurred before the restriction, suspension, or termination.

12.6 Price changes

We may change prices for future subscription periods or future usage.

We will not apply a price increase retroactively to usage already incurred.

For recurring subscriptions, we will give reasonable advance notice of a price increase where required by law or where the new price would otherwise apply automatically at renewal. You may cancel before the new price takes effect.

For usage-based services, we will make the new rate and its effective date available before we begin charging that rate.

Any additional rights required by applicable consumer law continue to apply.

13. Cancellation, refunds, and consumer rights

13.1 Canceling a subscription

You may cancel a recurring subscription using the cancellation method provided for the service or, where applicable, through the app store or billing provider through which you subscribed.

Unless we state otherwise, cancellation stops future renewals. You may continue using the paid service until the end of the billing period you have already paid for.

Deleting or uninstalling an application does not by itself cancel a subscription.

13.2 Refunds and billing errors

Unless applicable law, these Terms, a service-specific policy, or another agreement provides otherwise:

1. charges for service usage already incurred are non-refundable;
2. subscription fees for a billing period that has already begun are non-refundable; and
3. refunds of paid credits are governed by Section 12.4.

These rules do not limit refunds, price reductions, termination rights, or other remedies that apply when a service is defective, unavailable, materially changed, discontinued, incorrectly charged, or otherwise subject to a mandatory legal remedy.

If you believe you were charged incorrectly, contact us as soon as reasonably possible. Doing so does not shorten any statutory period you have for disputing a charge or exercising another legal right.

13.3 Withdrawal and cooling-off rights

Depending on where you live and what you purchase, consumer law may give you a statutory withdrawal, cancellation, or cooling-off right.

Where such a right applies, we will provide the information required by law before you complete the purchase.

If you ask us to begin providing a paid service during a statutory withdrawal period and later withdraw before that service has been fully performed, you may be required to pay a proportionate amount for the service already provided, but only where applicable law allows this and the required request or consent was obtained.

Where applicable law allows a withdrawal right to end after a service has been fully performed, it will end only if the legal conditions for doing so have been met.

Where digital content is supplied immediately and applicable law allows the withdrawal right to be lost once supply begins, we will obtain any prior express consent and acknowledgement required by law.

Agreeing to these Terms does not replace a separate express request, consent, or acknowledgement where applicable law requires us to obtain one separately.

Where applicable law requires an online withdrawal function for a contract concluded through an online interface, we will make that function available through the relevant interface.

13.4 Mandatory consumer rights

Nothing in these Terms limits rights that cannot lawfully be excluded or reduced.

Depending on applicable consumer law, these may include rights relating to conformity, repair or correction of a digital service, price reduction, cancellation or termination, refunds, withdrawal, and retrieval of content.

Where a mandatory consumer right conflicts with these Terms, the mandatory right applies.

13.5 App-store purchases

If you purchase a subscription or other service through Apple, Google, or another app-store provider, some billing, cancellation, withdrawal, and refund requests may need to be handled through that provider.

Nothing in an app store’s rules removes rights you have against Hivenet that cannot lawfully be excluded.

14. Third-party services and links

Hivenet services may link to or integrate with products and services operated by third parties, including identity providers, payment processors, model providers, developer tools, and external websites.

A third-party service is controlled by its provider, not by Hivenet. If you choose to use one, that provider’s terms and privacy practices may apply to your relationship with it.

We are not responsible for the availability, content, security, or operation of an independent third-party service.

This does not exclude responsibility for Hivenet’s own acts or obligations, including problems caused by a Hivenet feature or integration where applicable law or these Terms make us responsible.

Where access to a particular third-party component, model, dataset, or service is subject to additional terms that apply directly to you, we will identify those terms where reasonably appropriate.

15. Intellectual property

15.1 Hivenet property

The Hivenet services and software, including their code, documentation, interfaces, designs, branding, trademarks, logos, and other related intellectual property, are owned by Hivenet or its licensors.

Customer Content remains subject to Sections 7 and 8.

Except for rights expressly granted under these Terms or another applicable license, we reserve our intellectual property rights.

15.2 Restrictions

You may not, except where these Terms, another applicable license, or applicable law permits you to:

1. copy, modify, distribute, sell, lease, or sublicense Hivenet software or services;
2. reverse engineer, decompile, or disassemble Hivenet software;
3. circumvent technical restrictions or access controls;
4. remove or alter proprietary notices; or
5. use Hivenet trademarks or branding in a way that falsely suggests endorsement, affiliation, or authorization.

These restrictions do not apply where applicable law gives you a right that cannot be excluded by contract.

They also do not override rights granted under an applicable open-source or third-party license.

15.3 Open-source and third-party components

Some Hivenet software and services include open-source or other third-party components.

Those components may be governed by separate licenses. Where a separate license grants rights that differ from or are broader than these Terms, that license controls for the relevant component.

Nothing in these Terms restricts rights that an applicable open-source license grants you.

16. Copyright and other intellectual property notices

We respect intellectual property rights and expect users to do the same.

If you believe that content made available through a Hivenet service infringes your copyright, trademark, or another intellectual property right, you can report it using the reporting method described in Section 11 or by contacting hello@hivenet.com.

Please provide enough information for us to assess the claim, including:

1. your name and contact details;
2. identification of the work, trademark, or other right you believe has been infringed;
3. identification of the content at issue and enough information for us to locate it;
4. an explanation of why you believe the use infringes your rights;
5. confirmation that you are the rights holder or are authorized to act on the rights holder’s behalf; and
6. confirmation that the information in your report is accurate to the best of your knowledge.

We may ask for additional information where reasonably necessary to assess the claim or comply with applicable law.

We may restrict or disable access to material while we investigate a claim where doing so is appropriate and proportionate.

Where appropriate, we may give the affected user an opportunity to respond to the claim or ask us to review our decision, subject to legal, privacy, and security requirements.

Repeated or serious infringement may result in restrictions, suspension, or termination under Sections 11 and 19.

If applicable law requires a different notice, counter-notice, or review process, that process applies.

17. Privacy and data protection

Our Privacy Policy explains how Hivenet collects, uses, shares, retains, and otherwise processes personal data when we act as a controller.

Depending on the service and the processing involved, Hivenet may also process personal data on behalf of a business customer.

Where Hivenet acts as a processor, that processing must be governed by a data processing agreement, signed agreement, or other data-processing terms that meet applicable legal requirements.

If you use a Hivenet service to process personal data for which you are responsible, you must:

1. have the lawful basis, permissions, and notices required for that processing;
2. give us lawful instructions where we act as your processor;
3. configure and use the service consistently with your data-protection obligations; and
4. respond to requests from data subjects where that responsibility belongs to you.

We remain responsible for the data-protection obligations that apply directly to Hivenet.

The Privacy Policy explains how individuals can exercise privacy rights relating to personal data for which Hivenet acts as controller.

18. Security

We use technical and organizational measures designed to protect the services and personal data against unauthorized access, disclosure, alteration, loss, or destruction.

The measures appropriate to a service depend on its design, the data involved, the risks, and the technical environment. They may include encryption, access controls, logging, monitoring, network protections, incident-response procedures, redundancy, and other safeguards.

No system can be guaranteed to be completely secure.

Security also depends on choices within your control. Depending on the service, you are responsible for taking reasonable steps to:

1. protect account credentials, passphrases, API credentials, SSH keys, and other secrets;
2. keep devices, applications, and dependencies appropriately updated;
3. configure access controls and network exposure;
4. maintain backups where appropriate; and
5. protect credentials and data that you make available to other people.

Your responsibilities under this section do not reduce Hivenet’s own security obligations under applicable law or contract.

If we become aware of a security incident involving personal data, we will investigate and take the notification and other measures required by applicable law and any applicable agreement.

19. Suspension and termination

19.1 Cancellation and account closure by you

You may stop using a service at any time.

Canceling a paid subscription stops future renewals as described in Section 13. It does not by itself necessarily close your Hivenet account or immediately delete Customer Content.

You may close your account using the account-closure process we provide.

Before you confirm account closure, you are responsible for exporting Customer Content you want to keep where the service gives you the ability to do so. We will tell you where account closure will cause permanent deletion or another irreversible consequence.

19.2 Suspension or termination by us

We may restrict, suspend, or terminate access to some or all of a service where reasonably necessary because:

1. you materially breach these Terms or another agreement that applies to the service;
2. we reasonably suspect fraud, abuse, illegal activity, or a serious security incident;
3. payment is overdue, reversed, fraudulent, or otherwise invalid;
4. we are required to act by law, court order, regulatory requirement, sanctions restriction, or another binding legal obligation;
5. your use creates a material security, technical, or legal risk for Hivenet, another user, or a third party; or
6. another ground for suspension or termination is expressly stated in a service-specific agreement.

We will take account of the nature and seriousness of the issue when deciding what action is appropriate.

Where reasonably possible, we will give you notice and an opportunity to correct the issue before terminating a service.

We may act without advance notice where immediate action is reasonably necessary to address fraud, illegal activity, a security threat, serious abuse, a legal requirement, or another urgent risk.

19.3 Discontinuation or termination without fault

We may discontinue a service or end its availability for technical, operational, legal, or business reasons in accordance with Section 6.

For a paid or continuing service, we will provide reasonable advance notice where practicable and where applicable law requires it.

If we terminate a paid service without fault on your part, any applicable refund, unused paid credit, or consumer rights are governed by Sections 12 and 13 and applicable law.

19.4 What happens after termination

When your access to a service ends:

1. your license and right to use the affected service end;
2. you remain responsible for valid charges incurred before termination;
3. Customer Content may be deleted, anonymized, or returned according to the service, your agreement, our retention practices, and applicable law;
4. terminated Compute instances and associated data may be permanently deleted according to the applicable service rules; and
5. provisions that by their nature need to continue after termination remain in effect.

Where reasonably possible and consistent with security and legal requirements, we will give you an opportunity to retrieve Customer Content before we permanently delete it following a termination initiated by Hivenet.

Where applicable law gives you a right to retrieve content after termination, we will provide that access or retrieval as required by law.

An urgent suspension may temporarily prevent access to Customer Content where access itself would create a security, legal, or abuse risk.

Personal data that Hivenet processes as controller may continue to be retained after account closure where required for legal, billing, security, fraud-prevention, dispute, or other purposes described in our Privacy Policy.

20. Service availability, updates, beta services, and support

This section covers normal operation, maintenance, updates, and support. Material contractual changes to a continuing service are governed by Section 6.

20.1 Availability and maintenance

We design the services to be available and reliable, but interruptions can occur.

Services may be affected by maintenance, upgrades, network or infrastructure problems, security incidents, third-party dependencies, or other technical events.

Where practical, we will give notice of planned maintenance that is expected to materially affect a service.

Unless a separate service level agreement or other commitment applies, we do not guarantee a particular level of uptime or response time.

This does not limit any availability, conformity, or other rights that apply under mandatory law.

20.2 Software and service updates

We may provide updates to Hivenet software and services to maintain security, compatibility, performance, functionality, or legal compliance.

Where required by applicable law or contract, we will provide and inform you about updates, including security updates, needed to keep a digital service or software in conformity.

Some updates may need to be installed on your device.

If we clearly inform you that an update is necessary and you choose not to install it within a reasonable time, parts of the service may stop working correctly or securely. This does not apply where an inability to install or use the update results from inadequate installation instructions or another issue for which Hivenet is responsible.

We may stop supporting older versions of software where reasonably necessary. Where appropriate, we will give notice or make an updated version available before support ends.

20.3 Beta, preview, and experimental services

We may offer features or services identified as beta, preview, early access, or experimental.

These services may:

1. be incomplete or change substantially;
2. contain defects or limitations;
3. have lower availability or performance than generally available services; or
4. be changed or withdrawn in accordance with Section 6.

We will disclose significant known restrictions or special conditions that users need to understand before using a beta service where reasonably practicable.

Unless separate beta terms apply, these Terms continue to govern your use.

Calling a service “beta,” “preview,” or similar does not remove consumer rights or other protections that cannot lawfully be excluded.

20.4 Support

Available support channels, service hours, response targets, and escalation options may vary by product, plan, or agreement.

Unless we expressly commit to a response or resolution time, support time estimates are not guaranteed.

21. Warranties and disclaimers

21.1 Mandatory rights

If you use Hivenet as a consumer, you may have statutory rights concerning the quality, conformity, security, functionality, availability, and performance of digital content or services.

Nothing in these Terms excludes, restricts, or replaces a warranty, guarantee, remedy, or other right that applicable law does not allow us to exclude.

21.2 What we do not guarantee

Except for commitments we expressly make in these Terms, a service-specific agreement, or another binding document, we do not promise that:

1. every service will operate without interruption or error;
2. every defect can or will be corrected immediately;
3. a service will be suitable for every particular workload, purpose, device, configuration, or regulatory requirement;
4. a network, device, system, or security measure can never be compromised; or
5. Customer Content can never be lost, corrupted, delayed, or made unavailable.

These statements do not reduce obligations Hivenet has under applicable law or any express service commitment.

21.3 Business users

If you use the services as a business user, then, to the maximum extent permitted by applicable law and except for warranties or commitments expressly stated in a signed agreement, we disclaim implied warranties or conditions relating to fitness for a particular purpose, uninterrupted operation, or error-free operation.

You are responsible for determining whether a service is appropriate for your workload and for any regulatory, resilience, backup, security, or business-continuity requirements under your control.

This section does not exclude liability or obligations that applicable law does not allow us to exclude.

22. Limitation of liability

22.1 Liability that cannot be limited

Nothing in these Terms excludes or limits liability where applicable law does not allow us to do so.

This includes liability for fraud or intentional misconduct, gross negligence where it cannot be limited, death or personal injury where liability cannot be excluded, and any other liability or remedy that applicable law requires us to preserve.

22.2 Consumers

If you use Hivenet as a consumer, the limitations in this section apply only to the extent permitted by the mandatory law that applies to you.

Hivenet is not responsible for loss or damage to the extent it is caused by:

1. your breach of these Terms;
2. your configuration, instructions, actions, or failure to take reasonable security or backup measures within your control;
3. a third-party service, device, network, application, or provider that Hivenet does not control, except where Hivenet is legally responsible for the integration or service involved; or
4. an event outside our reasonable control as described in Section 26.1.

If you use a service for personal purposes, Hivenet is not responsible for losses arising solely from a business, professional, or commercial activity.

Nothing in this section limits any mandatory consumer right, statutory remedy, or liability that cannot lawfully be limited.

22.3 Business users

If you use the services as a business user, then, subject to Section 22.1 and to the maximum extent permitted by law:

1. neither party is liable to the other for indirect, incidental, special, exemplary, punitive, or consequential loss;
2. neither party is liable to the other for loss of profits, revenue, goodwill, anticipated savings, or business opportunity, except where a separate signed agreement expressly provides otherwise; and
3. Hivenet’s total aggregate liability arising out of or relating to an affected service during any 12-month period will not exceed the greater of:
   • the amount you paid Hivenet for that service during the 12 months immediately before the event giving rise to the claim; or
   • EUR 100, or the equivalent in the currency in which the service is billed.

The exclusions above do not apply to the extent the loss results from liability that cannot lawfully be excluded or limited.

Hivenet is not responsible for Customer Content, third-party services, or acts or omissions of your users, administrators, contractors, recipients, or service providers except to the extent the loss was caused by Hivenet and Hivenet is legally responsible for it.

22.4 How these limits apply

The limitations in this section apply regardless of whether a claim is based on contract, tort, statute, or another legal basis, but only to the extent applicable law permits.

Nothing in this section changes an express liability commitment in a signed enterprise agreement, service level agreement, data processing agreement, or other agreement that specifically overrides these Terms.

23. Indemnity for business users

This section applies only if you use the services as a business user.

You will indemnify Hivenet against third-party claims, losses, liabilities, damages, and reasonable costs to the extent they result from:

1. Customer Content that you provide through the services;
2. your unlawful use of the services;
3. your material breach of these Terms; or
4. your infringement or violation of another person’s rights.

This obligation does not apply to the extent the claim results from Hivenet’s own breach of these Terms, negligence, fraud, intentional misconduct, or another matter for which Hivenet is legally responsible.

We will give you reasonable notice of an indemnified claim and reasonable information and cooperation needed to address it.

We may take control of the defense or settlement where our interests are directly affected. We will not agree to a settlement that requires you to admit wrongdoing or accept a non-monetary obligation without your consent, unless required by law.

A separate signed agreement may replace or modify this section.

24. Export controls and sanctions

You must comply with export-control, import, trade-sanctions, and similar laws that lawfully apply to your use of Hivenet.

You may not use, export, re-export, transfer, provide, or make available Hivenet software or services where doing so is prohibited by applicable law.

You must not knowingly provide access to a person or entity where applicable sanctions or export-control laws prohibit that access.

Where your own content, software, models, technology, destination, recipient, or use requires a license or authorization, you are responsible for obtaining any authorization that applies to your conduct.

Hivenet remains responsible for licenses or authorizations that applicable law requires Hivenet to obtain for its own provision of the services.

We may block or restrict access, transactions, workloads, destinations, accounts, or other activity where reasonably necessary to comply with applicable export-control or sanctions requirements.

If a legal restriction prevents us from providing a paid service, any applicable cancellation, refund, credit, suspension, or termination rules in these Terms and applicable law will apply.

25. Governing law and disputes

25.1 Resolving problems first

If you have a problem with a Hivenet service, we encourage you to contact us first so that we have an opportunity to resolve it.

For business disputes, before starting formal proceedings, each party should give the other written notice of the dispute and allow at least 30 days to try to resolve it in good faith.

This informal process does not:

1. prevent either party from seeking urgent or protective relief;
2. require a consumer to delay exercising a legal right;
3. extend or shorten a statutory limitation period; or
4. prevent a party from starting proceedings where waiting could prejudice its rights.

25.2 Governing law

These Terms are governed by the laws of Switzerland.

If you are a consumer, this choice of law does not deprive you of mandatory protections that you are entitled to under the law that would apply if these Terms did not choose Swiss law, including mandatory protections associated with your habitual residence where applicable.

If you are a business user, Swiss law applies without regard to conflict-of-law principles unless a separate signed agreement states otherwise.

25.3 Courts and jurisdiction

If you are a consumer, you may bring or defend a claim in any court or forum available to you under mandatory applicable law. Nothing in these Terms requires you to give up a consumer forum right before a dispute arises where the law does not allow that.

If you are a business user, the courts of Geneva, Switzerland have exclusive jurisdiction over disputes arising out of or relating to these Terms, unless a separate signed agreement provides otherwise.

If a signed enterprise agreement contains an arbitration clause or another dispute-resolution provision, that provision controls for the services covered by that agreement.

26. Miscellaneous

26.1 Events outside reasonable control

Neither party is responsible for delay or failure to perform an obligation to the extent it is caused by an event outside that party’s reasonable control and could not reasonably have been prevented or overcome.

Such events may include major internet or telecommunications outages, failures of independent infrastructure providers, natural disasters, armed conflict, acts of government, sanctions or legal restrictions, major labor disruption, epidemics, or large-scale cyberattacks.

This section does not apply where the event or its consequences result from that party’s failure to take reasonable measures that were within its control.

It also does not remove payment obligations that arose before the event or any rights or remedies that applicable law does not allow us to exclude.

If such an event materially prevents Hivenet from providing a paid continuing service, any applicable rights under Sections 6, 13, and 19 continue to apply.

26.2 Assignment

You may not assign or transfer these Terms or your contractual rights or obligations without our prior written consent, except where applicable law gives you a right to do so.

We may transfer these Terms as part of a merger, acquisition, corporate reorganization, sale of a business or assets, transfer to an affiliate, or similar transaction.

If we transfer a consumer contract, the transfer will not reduce mandatory consumer rights or release us from obligations that applicable law requires us to retain.

Where appropriate, we will notify you of a transfer that materially changes the entity responsible for providing your service.

26.3 No waiver

If either party does not enforce a provision of these Terms immediately, that does not mean the party gives up the right to enforce it later.

A waiver applies only to the specific matter for which it is given.

26.4 Severability

If a court or other competent authority finds part of these Terms invalid or unenforceable, the remaining provisions continue to apply to the extent legally possible.

Any mandatory rule that replaces or overrides an invalid provision applies as required by law.

26.5 Entire agreement

These Terms, together with any service-specific terms, signed order forms, data processing agreements, policies, or other documents expressly incorporated into them, form the agreement between you and Hivenet for the relevant service.

A signed agreement that expressly overrides these Terms takes priority for the subject it covers.

Nothing in this section excludes a representation, disclosure, commitment, or legal right that applicable law does not allow us to exclude.

26.6 Language

These Terms are drafted in English.

Where we publish an official translation, it is intended to reflect the English version accurately.

Unless we expressly state otherwise, the English version is the reference version. This does not override any mandatory language requirement or rule of interpretation that applies under consumer or other applicable law.

26.7 Notices and contact details

We may send service and contractual notices to the email address associated with your account, through the relevant service, or by another electronic method permitted by applicable law.

Material changes to these Terms will be communicated as described in Section 6.

You are responsible for keeping your account contact information current.

You can contact Hivenet at:

HIVE COMPUTING SERVICES SA  
Rue de Lyon 77
1203 Genève  
Switzerland

Swiss enterprise ID: CHE-469.482.964
General, legal, and abuse notices: hello@hivenet.com  
Customer support: support@hivenet.com  
Phone: +41 22 506 60 78

If a signed agreement gives different notice details for a particular service or customer relationship, those details apply to notices under that agreement.