2. User Obligations
By using Hivedeck's website builder service ("Hivedeck"), you agree to abide by the following user obligations:
2.1. Compliance with Age and Legal Authority
You confirm that you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction. Additionally, you assert that you possess the legal authority, right, and freedom to enter into the Hivedeck Terms of Service and to form a binding agreement, either for yourself or on behalf of any person or entity represented by you through the Hivedeck Terms.
2.2. Compliance with Sanctions and Embargoes
You are not ordinarily resident in, and will not use or distribute the Hivedeck Services or Hivedeck App in, any country or region subject to U.S. comprehensive country or regional embargoes. Furthermore, you confirm that you are not included on any sanctions list, such as the U.S. Specially Designated Nationals and Blocked Persons List, or any other applicable sanctions list maintained by the EU, the UK, or other relevant authorities. You also affirm that you are not owned 50 percent or more, directly or indirectly, in the aggregate, by a Sanctioned Party and are not otherwise controlled by such a party. You agree to indemnify Hivedeck against any and all losses, including monetary penalties and legal fees, in the event that you violate any of the aforementioned confirmations regarding your non-sanctioned status.
2.3. Verification of Contact Information
You must ensure that your country of residence and/or your company’s country of incorporation corresponds to the country specified in the contact and/or billing address you provide to us.
2.4. No Legal Advice
You understand and acknowledge that Hivedeck does not provide legal advice or make recommendations regarding any laws or requirements applicable to your use or that of your End Users, or your compliance with such laws.
2.5. Ownership and Authorization for User Content
With regard to your User Content, you confirm that you own all rights in and to any content uploaded, developed, or provided by you, or imported, connected, copied, or uploaded by Hivedeck Services for you to your User Platform (“User Content”). This includes but is not limited to designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information provided for creating a subdomain name, text, literary works, and any other materials (“Content”). You also affirm that you have (and will continue to have) the full power, title, licences, consents, and authority, as necessary to legally access, import, copy, use, connect, develop, publish, transfer, or licence such User Content, by both yourself and Hivedeck or any of our affiliates.
2.6. Truthfulness and Legality of User Content
You pledge that your User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third-party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display, or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Hivedeck and/or your End Users to access, import, export, copy, upload, publish, post, store, use, or possess in connection with the Hivedeck Services.
2.7. Compliance with Data Privacy Laws
You have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission, and publication of any personal information and/or image or likeness of any person, entity, or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.8. Compliance with Applicable Laws
You undertake to fully comply with all applicable laws and any other contractual terms which govern your use of the Hivedeck Services, including those specific laws applicable to you or your End Users in any of your geographical locations.
2.9. Responsibility for User Account and User Content
You are solely responsible and liable for any of the uses of the Hivedeck Services that occur under your User Account and/or User Platform(s), and for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using, or publishing your User Content on or with respect to the Hivedeck Services.
2.10. Regular Backups
It is your responsibility to regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any application features, services, and/or Third-Party Services used, connected, presented, or developed by you.
2.11. Receipt of Promotional Messages
You agree to receive promotional messages and materials from Hivedeck or its partners from time to time, by mail, email, or any other contact form you provide, including your phone number for calls or text messages. If you wish not to receive such promotional materials or notices, you may notify us at any time.
2.12. Use of User Platform for Marketing
You allow Hivedeck to use your User Platform for its marketing and promotional activities, both online and offline, free of charge and worldwide. Hivedeck may modify it as reasonably required for such purposes, and you waive any claims against Hivedeck or anyone on its behalf relating to any past, present, or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses.
2.13. Discretion in Service Delivery
Hivedeck retains the sole discretion as to the means, manner, and method for performing the Hivedeck Services, including those regarding the hosting, transmission, publication, and/or display of any User Platforms and/or Content, including the inclusion and presentation of any advertisements or other commercial content with respect thereto.
2.14. Alternative Price Plans and Restrictions
Hivedeck has the right to offer the Hivedeck Services in alternative price plans and impose different restrictions for the upload, storage, download, and use of the Hivedeck Services in each price plan. This includes, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, and other relevant factors.
2.15. Prohibited Actions
You agree not to engage in any of the following actions:
- Copying, modifying, creating derivative works of, downloading, adapting, reverse engineering, emulating, migrating to another service, translating, compiling, decompiling, or disassembling the Hivedeck Website, the Hivedeck Services (or any part thereof), any Content offered by Hivedeck, or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof without Hivedeck’s prior written and specific consent and/or as expressly permitted under the Hivedeck Terms.
- Submitting, transmitting, or displaying any User Content, or using Licensed Content in a context that may be deemed defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive, or fraudulent, or which otherwise violates the rights of Hivedeck or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise portrays any person, entity, or brand in a negative or disparaging light, without their prior explicit approval.
- Using illegal means to collect login data and/or passwords for other websites, third parties, software, or services.
- Phishing, collecting, uploading, or otherwise making available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable.
- Uploading, inserting, collecting, or otherwise making available within the Hivedeck Website or the Hivedeck Services (or any part thereof), any malicious, unlawful, defamatory, or obscene Content.
- Publishing and/or making any use of the Hivedeck Services or Licensed Content on any website, media, network, or system other than those provided by Hivedeck, and/or framing, “deep link,” “page scrape,” mirroring, and/or creating a browser or border environment around any of the Hivedeck Services, Licensed Content, and/or User Platform (or any part thereof), except as expressly permitted by Hivedeck, in advance and in writing.
- Using any automated or manual means to access, acquire, copy, or monitor any portion of the Hivedeck Services (or its data and/or Content) or reproduce or circumvent the navigational structure or presentation of any of the Hivedeck Services to obtain or attempt to obtain any materials, documents, services, or information not purposely made available through the Hivedeck Services.
- Acting in a manner that might harm Hivedeck’s reputation and goodwill or bring Hivedeck into disrepute or harm.
- Purchasing search engines or other pay-per-click keywords (such as Google AdWords), or domain names that use Hivedeck or Hivedeck Marks and/or variations and misspellings thereof.
- Impersonating any person or entity or providing false information on the Hivedeck Services and/or User Platform, or otherwise manipulating your identity or the origin of any message or transmittal you send to Hivedeck and/or any End Users.
- Falsely stating or otherwise misrepresenting your affiliation with any person or entity, or falsely expressing or implying that Hivedeck or any third party endorses you, your User Platform, your business, your User Products, or any statement you make.
- Reverse looking-up, tracing, or seeking to trace another User of Hivedeck Services, or otherwise interfering with or violating any other User’s right to privacy or other rights, or harvesting or collecting personally identifiable information about visitors or users of the Hivedeck Services and/or User Platform without their express and informed consent.
- Disabling, circumventing, bypassing, or otherwise avoiding any measures used to prevent or restrict access to the Hivedeck Services, User Platform, the account of another User(s), or any other systems or networks connected to the Hivedeck Services, by hacking, password mining, or other illegitimate or prohibited means.
- Probing, scanning, or testing the vulnerability of the Hivedeck Services or any network connected to the Hivedeck Services.
- Uploading any viruses, worms, Trojan Horses, time bombs, web bugs, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
- Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Hivedeck Services or Hivedeck’s systems or networks connected to the Hivedeck Services, or otherwise interfering with or disrupting the operation of any of the Hivedeck Services, or the servers or networks that host them or make them available, or disobeying any requirements, procedures, policies, or regulations of such servers or networks.
- Using any of the Hivedeck Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes,” or similar conduct, or otherwise engaging in unethical marketing or advertising.
- Utilising any of the Hivedeck Services or Hivedeck Systems for storage and/or video streaming purposes (whether for main streaming purposes or not), such as creating and operating websites whose primary purpose is video streaming or file storage. This includes indirect utilisation through integration or connection with third-party platforms or services.
- Accessing the Hivedeck Services, User Accounts, Licensed Content, and/or User Content through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
- Selling, licensing, or exploiting for any commercial purposes any use of or access to the Licensed Content and/or Hivedeck Services, except as expressly permitted by the Hivedeck Terms.
- Removing or altering any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright marks [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Hivedeck Services and/or Licensed Content.
- Violating, attempting to violate, or otherwise failing to comply with any of the Hivedeck Terms or any laws or requirements applicable to your use of the Hivedeck Services.
- Accessing or using the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
Please note that these user obligations are in place to ensure a safe, respectful, and compliant environment for all users of Hivedeck. Failure to adhere to these obligations may result in the termination of your Hivedeck account or other appropriate actions in accordance with our Terms of Service. If you have any questions or concerns about these obligations, please contact us.
3. Our Rights
As the provider of the Hivedeck website builder service ("Hivedeck"), we want to make you aware of our rights and responsibilities:
3.1. Service Delivery Discretion
Hivedeck retains the sole discretion to determine the means, manner, and method for performing the Hivedeck Services. This includes decisions regarding the hosting, transmission, publication, and/or display of any User Platforms and/or Content. We also have the right to decide on the inclusion and presentation of any advertisements or other commercial content with respect to the Hivedeck Services.
3.2. Alternative Price Plans and Restrictions
Hivedeck has the right to offer the Hivedeck Services in alternative price plans and impose different restrictions for the upload, storage, download, and use of the Hivedeck Services in each price plan. This may include restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, and other relevant factors.
3.3. Enforcement of User Obligations
Hivedeck reserves the right to enforce the user obligations outlined in our Terms of Service. We may take appropriate actions to address any violations of these obligations, including account termination, content removal, or other remedies.
3.4. Content Modification for Marketing
Hivedeck may use your User Platform for its marketing and promotional activities, both online and offline. We have the right to modify it as reasonably required for such purposes. By using our service, you waive any claims against Hivedeck or anyone on its behalf relating to any past, present, or future moral rights, artists' rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses.
3.5. Right to Offer Promotions
Hivedeck has the right to send promotional messages and materials to users from time to time, either directly or through our partners. This may be done by mail, email, or any other contact form you provide, including your phone number for calls or text messages. You may notify us at any time if you wish not to receive such promotional materials or notices.
3.6. Use of User Content for Limited Purposes
Hivedeck retains the right to use any version of your User Platform (or any part thereof) for our marketing and promotional activities, online and/or offline, free of charge and worldwide. We may modify it as reasonably required for such purposes. You waive any claims against Hivedeck or anyone on its behalf relating to any past, present, or future moral rights, artists' rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses.
3.7. Service Modification and Availability
Hivedeck has the right to modify or discontinue the Hivedeck Services (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that Hivedeck shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Hivedeck Services.
3.8. Intellectual Property Rights
Hivedeck reserves all rights, titles, and interests in and to the Hivedeck Services, including all intellectual property rights. This includes but is not limited to trademarks, copyrights, patents, and trade secrets. You may not use any of our intellectual property without our prior written consent.
3.9. Compliance with User Obligations
Hivedeck has the right to ensure compliance with the user obligations outlined in our Terms of Service. We may take appropriate actions to address any violations of these obligations, as deemed necessary.
3.10. Termination of Accounts
Hivedeck has the right to terminate your user account or access to the Hivedeck Services for violations of our Terms of Service, user obligations, or any other reason we deem appropriate.
3.11. Data and Privacy
Hivedeck has the right to collect, store, and use data and information about your use of the Hivedeck Services in accordance with our Privacy Policy. We take your privacy seriously and will use your data in accordance with applicable laws and regulations.
3.12. Modifications to the Terms of Service
Hivedeck has the right to modify the Hivedeck Terms of Service at any time. We will provide notice of any material changes to these terms. Your continued use of the Hivedeck Services after the effective date of the modified terms constitutes your acceptance of the changes.
We value our users and are committed to providing a secure and respectful environment for all. These rights help us maintain the quality and integrity of the Hivedeck Services while ensuring your rights and responsibilities are upheld. Please contact us if you have any questions or concerns about our rights.
4. E-commerce Products and Business
Hivedeck recognizes the importance of e-commerce in the digital landscape and is committed to supporting businesses engaged in online sales. This section outlines the terms and conditions specific to e-commerce products and businesses using our website builder service.
4.1. Online Stores
Hivedeck enables you to create and manage online stores through our website builder service. If you choose to operate an e-commerce store using Hivedeck, you are responsible for ensuring that your business complies with all applicable laws and regulations. This includes but is not limited to e-commerce regulations, consumer protection laws, and tax requirements. Hivedeck is not responsible for your business's legal compliance, and you should seek legal advice if necessary.
4.2. Payment Processing
To facilitate online transactions, Hivedeck integrates with various payment processors. You are solely responsible for selecting and configuring your chosen payment processing services. Hivedeck is not responsible for any issues or disputes related to payment processing, and you should address such matters directly with your chosen payment processor.
4.3. Product Listings and Descriptions
When using Hivedeck for e-commerce, you are responsible for creating and maintaining accurate product listings and descriptions. You should ensure that your product information, pricing, and availability are up to date. Hivedeck is not responsible for the accuracy or content of your product listings.
4.4. Order Fulfilment
As an e-commerce business, you are responsible for fulfilling orders placed by your customers. This includes processing orders, shipping products, and providing customer support. Hivedeck does not participate in order fulfilment and is not responsible for the quality or timeliness of order processing.
4.5. Data Security
Hivedeck takes data security seriously and implements security measures to protect your website and customer data. However, you are responsible for maintaining the security of your account, including access to customer data and payment information. You should use best practices to safeguard customer data and comply with applicable data protection regulations.
4.6. Business Licensing and Compliance
It is your responsibility to ensure that your e-commerce business is properly licensed and complies with all relevant laws and regulations. This includes obtaining any necessary business licences and permits, complying with tax laws, and adhering to industry-specific regulations. Hivedeck is not responsible for your business's legal compliance, and you should seek legal counsel if needed.
4.7. Refunds and Returns
You are responsible for establishing and communicating your e-commerce store's refund and return policies to your customers. Any disputes or issues related to refunds or returns should be resolved directly between you and your customers. Hivedeck is not involved in these processes.
4.8. Website Content and Product Images
You are responsible for the content, images, and descriptions of products listed on your e-commerce website. Ensure that your content and images adhere to all applicable laws and regulations, including copyright and intellectual property rights. Hivedeck is not responsible for any legal issues arising from your website content.
4.9. Terms of Sale
It is your responsibility to establish clear and transparent terms of sale for your e-commerce business. These terms should cover pricing, payment methods, shipping policies, and any other relevant information. Hivedeck is not involved in defining or enforcing the terms of sale between you and your customers.
4.10. Customer Data and Privacy
You are responsible for handling and protecting customer data in accordance with applicable data protection laws. Be transparent about your data collection practices and privacy policies. Hivedeck is not responsible for how you handle customer data, and you should seek legal advice to ensure compliance with privacy regulations.
By using Hivedeck for e-commerce purposes, you agree to adhere to these terms and conditions. While we provide the tools and platform for your e-commerce business, you are ultimately responsible for your business operations and compliance with relevant laws and regulations.
5. Warranty Disclaimer
Hivedeck, the provider of the website builder service ("Hivedeck"), offers its services and products with the following warranty disclaimer:
5.1. No Warranties
Hivedeck provides its services and products "as is'' and "as available" without any warranties or guarantees of any kind. We make no representations or warranties, whether expressed or implied, regarding the operation of our services, the information, content, materials, or products included on our platform.
5.2. Use at Your Own Risk
Your use of Hivedeck is at your sole risk. We disclaim all warranties, whether explicit or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and compatibility with your specific needs and requirements.
5.3. Availability and Functionality
Hivedeck does not warrant that its services will be uninterrupted, secure, or error-free. We do not guarantee the availability, accuracy, completeness, or reliability of any content, information, or materials provided through our platform. You acknowledge that, at times, Hivedeck's services may be unavailable for scheduled or unscheduled maintenance, technical issues, or other reasons.
5.4. Content and Third-Party Links
Hivedeck does not warrant or endorse any content, products, services, or links to third-party websites provided by users or third parties on our platform. We are not responsible for the accuracy or legality of such content or the potential risks associated with third-party links.
5.5. No Professional Advice
Any information or advice obtained from Hivedeck, whether through our website, support services, or any other channel, should not be considered as professional or expert advice. You should consult with a qualified professional for advice specific to your needs.
5.6. Indemnification
By using Hivedeck, you agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, violation of our Terms of Service, or infringement of any third-party rights.
5.7. Changes and Updates
Hivedeck may update, change, or discontinue any aspect of our services at any time without notice. We do not guarantee that any content, information, or features will remain available or be updated in the future.
5.8. Compliance with Local Laws
Hivedeck does not warrant that the use of our services complies with the laws of your jurisdiction. It is your responsibility to ensure that your use of Hivedeck is in accordance with your local laws.
5.9. No Agency Relationship
No agency, partnership, joint venture, employment, or franchise relationship is created between you and Hivedeck as a result of these Terms of Service.
5.10. Exceptions
Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, the limitations and disclaimers in this Warranty Disclaimer may not apply to you, and our liability will be limited to the maximum extent permitted by applicable law.
By using Hivedeck, you acknowledge and agree to this Warranty Disclaimer. If you do not agree with these terms, please refrain from using our services. Your use of Hivedeck is subject to our Terms of Service and Privacy Policy. If you have any questions or concerns about this Warranty Disclaimer, please contact us.