Terms of service

These Hivenet Terms of Service govern your access to and use of Hivenet websites, apps, APIs, and services, including Store, Send, Compute, GPT and related business or enterprise services.

Please read them carefully. By creating an account, using a Hivenet service, or clicking to accept these Terms, you agree to them.

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 and, where relevant, its affiliates and service providers acting on its behalf to deliver the services.

If a separate signed order form, reseller agreement, or enterprise agreement expressly identifies another Hivenet affiliate as the contracting party for a specific service, that separate 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 all Hivenet self-serve services and related websites, apps, APIs, support channels, and hosted environments, unless a separate signed agreement applies.

Some services may also have service-specific terms, order forms, pricing pages, service descriptions, acceptable use rules, service level commitments, data processing terms, or other supplemental documents. If there is a conflict between these Terms and a signed order form or service-specific supplement, the more specific document controls for that service.

3. Eligibility and accounts

You must be legally able to enter into a binding contract to use the services.

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

You are responsible for everything that happens through your account, including activity by people you authorize to use it. You must keep your login credentials, recovery methods, encryption passphrases, API credentials, SSH keys, and similar access tools secure.

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.

You must notify 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 for that account;
3. you must ensure your users comply with these Terms and any applicable order form or policy; and
4. you acknowledge that the organization’s administrators may access, manage, suspend, or remove user access and organization content, subject to applicable law and the organization’s own policies.

We may share account, billing, and administrative information with the organization’s authorized administrators.

5. License to use the services

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

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

6. Changes to the services and these Terms

We may update, modify, add to, or discontinue services or features from time to time.

We may also update these Terms. If we make a material change, we will give notice by posting the updated Terms, by email, in-product notice, or by another reasonable method. Where applicable law requires more, we will follow that law. Unless we state otherwise, the updated Terms become effective on the date stated in the notice.

Your continued use of the services after the effective date means you accept the updated Terms. If you do not agree, you must stop using the affected service and cancel any recurring subscription before the new Terms take effect.

7. Customer content and your responsibilities

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

You keep all rights you have in your Customer Content.

You are responsible for:

1. your Customer Content and how you use it;
2. making sure you have all rights, permissions, and lawful grounds needed to use the Customer Content with the services;
3. complying with all laws, regulations, contractual duties, and industry requirements that apply to your use of the services and Customer Content;
4. maintaining your own backups where needed; and
5. deciding whether the services are appropriate for your use case, including any privacy, security, residency, or compliance requirements.

We do not review all Customer Content and we are not responsible for it.

8. Limited license you give us to provide the services

You grant Hivenet and its subprocessors a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, cache, back up, reformat, display, and otherwise process Customer Content only as needed to:

1. provide, operate, maintain, and secure the services;
2. prevent abuse, fraud, or security incidents;
3. comply with law, court orders, or regulatory requests;
4. enforce these Terms; and
5. improve service performance, reliability, and safety, provided we do not use Customer Content for unrelated purposes.

For shared links, collaborative features, and recipient-facing transfers, this license includes the right to make the content available to the people you choose to receive it.

We do not claim ownership of your Customer Content.

9. Acceptable use

You may not use the services, or allow others to use the services, to do any of the following:

1. break the law or violate the rights of others;
2. infringe intellectual property, privacy, confidentiality, publicity, or other rights;
3. store, process, send, or make available content or code that is unlawful, fraudulent, defamatory, abusive, harassing, hateful, discriminatory, exploitative, or obscene;
4. store, process, send, or make available child sexual abuse material, terrorist content, malware, ransomware, phishing content, credential harvesting tools, botnets, or malicious code;
5. run denial-of-service attacks, spam campaigns, unauthorized vulnerability scans, cryptomining, or other abusive or resource-draining activity;
6. probe, scan, reverse engineer, bypass, or test our systems or another user’s systems without authorization;
7. gain or try to gain unauthorized access to any service, account, device, or network;
8. interfere with the availability, performance, integrity, or security of the services;
9. use the services to build, benchmark, or train a competing product in a way that violates law, confidentiality duties, or these Terms;
10. impersonate another person or organization, or misrepresent your affiliation, identity, or purpose;
11. use the services in connection with sanctions violations, export control violations, money laundering, terrorist financing, or other prohibited trade activity; or
12. encourage, assist, or enable anyone else to do any of the above.

If you carry out penetration testing, red teaming, security research, or similar activity involving Hivenet systems, you must have our prior written approval.

10. Service-specific rules

10.1 Store and similar storage services

Storage services may include encrypted file storage, sync, sharing, recovery, contribution features, and related tools.

Where a storage service uses client-side encryption or customer passphrases, you are responsible for keeping your passphrase or keys safe. We may be unable to recover encrypted content if you lose them.

You are responsible for maintaining any backups you need. Although we take steps to protect service integrity, no storage service is guaranteed to be uninterrupted, error-free, or loss-free.

10.2 Send and similar transfer services

Transfer services are designed for sending files, not for permanent archival storage.

Download links, transfer availability, transfer limits, retention periods, file size limits, and similar operational rules may change over time and may depend on the product page, plan, or service settings.

You are responsible for the recipients you choose and for any passwords or separate access details you share with them.

10.3 Compute and similar infrastructure services

Compute services may include GPU, CPU, virtual machine, container, storage, networking, inference, template, and related infrastructure services.

Compute services are for running workloads, not for long-term archival storage. You are responsible for all workloads, data, models, code, credentials, packages, ports, endpoints, and outputs you place on or expose through your instances.

You are responsible for maintaining backups of anything important. Terminating an instance may permanently delete the instance and any data attached to it.

Compute services may use pre-paid credits, usage-based charges, and minimum-balance thresholds. If your balance is too low to start, continue, or safely wind down a workload, we may stop, suspend, or terminate instances automatically.

10.4 GPT, inference, and private AI services

AI services may include hosted inference, private AI deployments, chat systems, models, templates, or related support services.

You are responsible for your prompts, files, model choices, outputs, and downstream use of outputs. You must not use the services for unlawful automated decisions, unlawful surveillance, or other prohibited activity.

Where AI services are delivered under an enterprise agreement, the order form, DPA, service description, and security schedule may contain additional terms that apply.

11. Monitoring, notices, and enforcement

We are not required to monitor all use of the services or all Customer Content. However, we may investigate suspected violations of these Terms, security incidents, fraud, abuse, or illegal activity.

We may take action if we reasonably believe it is necessary to protect the services, users, third parties, or ourselves, or to comply with law. That action may include removing or disabling content, suspending accounts, blocking traffic, restricting features, preserving evidence, or cooperating with law enforcement or regulators.

If you believe content or conduct on the services violates the law or these Terms, you may contact us at hello@hivenet.com. Please include enough detail for us to assess the report.

12. Fees, billing, taxes, and credits

Some services are free. Others require payment.

You agree to pay all fees, charges, taxes, and similar amounts applicable to your use of the services, using a valid payment method.

Unless we state otherwise:

1. subscriptions are billed in advance on a recurring basis until canceled;
2. usage-based services are billed according to the pricing and metering rules stated for that service;
3. pre-paid credits may be required for some services;
4. all prices exclude taxes unless stated otherwise; and
5. you are responsible for any applicable VAT, sales tax, use tax, withholding tax, or similar taxes, except taxes based on our net income.

If you use an app-store purchase flow, the relevant app store’s payment and cancellation rules also apply.

12.1 Credits

If a service uses credits:

1. credits are a payment mechanism for service usage and are not bank deposits, stored value accounts, investment products, or property rights;
2. credits may be denominated in the currency shown at purchase;
3. paid credits do not expire unless we state an expiry at the time of purchase or unless applicable law requires a different rule;
4. paid credits are non-refundable, non-withdrawable, and cannot be redeemed for cash except where required by law or where we expressly state otherwise;
5. free, bonus, referral, or promotional credits have no cash value, are non-transferable, and may expire, be limited, or be revoked under the applicable promotion terms;
6. unused credits are forfeited when your account is closed or terminated, unless applicable law requires otherwise; and
7. we may refuse, cancel, freeze, or reverse credits obtained through fraud, abuse, error, chargeback, sanctions issues, or breach of these Terms.

12.2 Late payment and payment issues

If payment fails, if you reverse a payment, or if your account is overdue, we may suspend or restrict your access until the issue is resolved.

You remain responsible for all charges incurred before suspension or termination.

13. Renewals, cancellation, refunds, and consumer rights

You can stop using the services at any time.

You can cancel a recurring subscription before the next renewal date through your account settings, the relevant app store, or another method we make available for that service.

Except where required by law, stated in a service-specific policy, or agreed in writing, fees, subscriptions already started for the current billing period, and paid credits are non-refundable.

If you believe we charged you in error, contact us promptly and no later than 60 days after the charge, unless a longer period is required by applicable law.

By purchasing a digital service, subscription, or credit pack that starts immediately, you expressly request immediate performance and acknowledge that, to the extent permitted by applicable law, any statutory right of withdrawal, cancellation, or cooling-off period may be lost or reduced once the service starts, the subscription period begins, or the credits are made available to your account.

Nothing in these Terms limits any mandatory consumer rights you may have under applicable law, including any non-waivable withdrawal, cancellation, refund, or conformity rights.

If a service is subject to a mandatory right of withdrawal or other consumer protection rule, that rule controls to the extent required by law.

14. Third-party services and links

The services may integrate with or link to third-party products, websites, identity providers, model providers, payment processors, or other services.

We are not responsible for third-party services, and your use of them is governed by their own terms and policies.

15. Intellectual property

15.1 Our property

The services, software, documentation, interface elements, branding, trademarks, logos, and related intellectual property are owned by Hivenet or its licensors.

Except for the limited rights expressly granted in these Terms, we reserve all rights.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, scrape, or create derivative works from the services except where applicable law expressly permits it and that permission cannot be excluded.

15.2 Open-source software

Some parts of the services may include open-source software governed by separate licenses. Where an open-source license gives you broader rights than these Terms, that open-source license controls for that component.

16. Copyright and other infringement notices

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

If you believe that content available through the services infringes your copyright or other rights, contact us at [insert legal contact] with enough detail for us to assess the claim, including:

1. your contact details;
2. identification of the work or right allegedly infringed;
3. identification of the material at issue and where it appears;
4. the basis for your claim; and
5. a statement that the information you provide is accurate and that you are authorized to act.

We may remove or disable access to content while we investigate.

17. Privacy and data protection

Our Privacy Policy explains how we collect, use, disclose, and otherwise process personal data.

Depending on the service and the data involved, Hivenet may act as a controller, joint controller, or processor. For example, we usually act as controller for account, billing, fraud prevention, website analytics, support, and legal compliance data. For certain customer workloads and customer content processed on behalf of business customers, we may act as processor under a separate data processing agreement or contract.

If you use the services to process personal data, you are responsible for making sure you have a lawful basis and any notices, consents, contracts, or instructions required for that processing.

18. Security

We use reasonable technical and organizational measures to protect the services and personal data, but no system is completely secure.

You are responsible for configuring the services appropriately for your use case, including access controls, backup practices, encryption choices, network exposure, secrets handling, and credential rotation.

19. Suspension and termination

19.1 By you

You may stop using the services at any time. You may also close your account or cancel a subscription using the process made available for the service.

19.2 By us

We may suspend, restrict, or terminate your access, in whole or in part, if:

1. you breach these Terms or another agreement with us;
2. we reasonably suspect fraud, abuse, illegal activity, or a security incident;
3. your payment is overdue or reversed;
4. we are required to do so by law, regulator, court, or sanctions program; or
5. continued provision of the service creates legal, technical, or security risk for us, our users, or third parties.

Where appropriate, we may try to give you notice and a chance to fix the issue first. We do not have to do so where immediate action is reasonably necessary.

19.3 Effect of termination

On termination:

1. your right to use the affected service ends;
2. you remain responsible for fees incurred before termination;
3. we may delete or anonymize Customer Content and account data in line with our retention practices, unless law requires otherwise;
4. for infrastructure services such as Compute, instances and associated data may be deleted; and
5. sections that by their nature should survive termination will survive, including payment obligations, intellectual property provisions, warranty disclaimers, limitations of liability, dispute provisions, and any rights needed to enforce these Terms.

You are responsible for exporting or backing up any Customer Content you want to keep before cancellation or termination.

20. Service availability, beta services, and support

We aim to keep the services available and reliable, but we do not guarantee uninterrupted or error-free operation.

We may carry out maintenance, upgrades, changes, or emergency work at any time.

We may also offer beta, preview, early access, or experimental features. Those features may be incomplete, unstable, or withdrawn at any time and may be subject to additional terms.

Support levels, response times, service commitments, and escalation paths may vary by service and plan.

21. Warranties and disclaimers

To the maximum extent permitted by law, the services are provided “as is” and “as available.” Except where we expressly agree otherwise in writing, we disclaim all warranties, representations, conditions, and guarantees, whether express, implied, or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, and uninterrupted availability.

We do not warrant that:

1. the services will meet your requirements;
2. the services will be uninterrupted, secure, or error-free;
3. all defects will be corrected; or
4. Customer Content will never be lost, corrupted, delayed, intercepted, or deleted.

Nothing in this section excludes any warranty or right that cannot be excluded under applicable law.

22. Limitation of liability

Nothing in these Terms excludes or limits liability to the extent it cannot be excluded or limited under applicable law. That includes liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence where non-excludable, death or personal injury caused by negligence where non-excludable, and any other liability that law does not allow us to exclude.

Subject to the paragraph above, and to the maximum extent permitted by law:

1. we are not liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, or data;
2. we are not liable for third-party services, your Customer Content, or the acts or omissions of your users, recipients, administrators, contractors, or device providers; and
3. our aggregate liability arising out of or relating to the services or these Terms will not exceed the greater of:
   • the total amount you paid us for the affected service during the 12 months before the event giving rise to the claim; or
   • EUR 100 if you used the affected service only on a free basis.

The liability limits in this section apply whether the claim is based on contract, tort, statute, strict liability, equity, or any other theory.

23. Indemnity for business users

If you use the services for a business, organization, or other non-personal purpose, you will defend, indemnify, and hold harmless Hivenet, its affiliates, officers, directors, employees, and agents from and against third-party claims, losses, liabilities, damages, costs, and reasonable legal fees arising out of or related to:

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

This section does not apply to the extent a claim was caused by our own breach of these Terms, fraud, or willful misconduct.

24. Export controls and sanctions

You may not use, export, re-export, transfer, or make available the services or related software in violation of applicable export control, trade sanctions, or import laws.

You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive sanctions that prohibit the service, and that you are not a prohibited or restricted party under applicable trade laws.

25. Governing law and disputes

Before starting formal proceedings, each party will try in good faith to resolve the dispute informally by giving written notice to the other party and allowing at least 30 days to discuss the issue. This does not prevent either party from seeking urgent injunctive or protective relief where needed.

These Terms and any non-contractual disputes or claims arising out of or in connection with them are governed by the laws of Switzerland, without regard to conflict-of-law rules.

If you are a consumer, nothing in these Terms deprives you of any mandatory consumer protections or mandatory forum rights that apply under the law of your habitual residence.

Unless a signed order form or separate agreement says otherwise, the courts of Switzerland have exclusive jurisdiction over disputes arising out of or in connection with these Terms, subject to any mandatory rights you may have under applicable law.

If you are an enterprise customer and a separate signed agreement includes an arbitration clause, that arbitration clause controls instead of this section for the services covered by that agreement.

26. Miscellaneous

26.1 Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including internet outages, infrastructure failures, acts of government, sanctions, labor disputes, natural disasters, armed conflict, terrorism, epidemics, or denial-of-service attacks.

26.2 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a corporate reorganization, merger, acquisition, sale of assets, or by operation of law.

26.3 No waiver

A failure or delay in enforcing any provision is not a waiver.

26.4 Severability

If any provision is held unenforceable, the rest of these Terms remains in effect.

26.5 Entire agreement

These Terms, together with any supplemental service terms, order forms, DPA, and policies expressly incorporated into them, form the entire agreement between you and us for the relevant service.

26.6 Language

The English version controls unless we expressly state otherwise.

26.7 Notices and contact

We may give you notices by email, in-product message, or posting within the service.

You can contact us at:

• Contracting entity: HIVE COMPUTING SERVICES SA
• Email: hello@hivenet.com
• Support: support@hivenet.com

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