Terms of Service

Last Updated: 2025-12-01

1. Introduction

Welcome to Hivi (Hivi-x) ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of Hivi-x (the "Service"), an application that collects and stores your personal information to generate and fill forms and PDF documents. By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Service.

2. Acceptance of Terms

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms.

3. Description of Service

Hivi-x is an application that collects and stores your personal information to generate and fill forms and PDF documents. The Service allows you to:

Create and manage personal information records
Generate and fill forms and PDF documents using our own AI running on our own servers
Manage client information and checklists
Store and process documents
Use voice recording and transcription features (processed by our own AI on our own servers)
Create, edit, and delete calendar events, including recurrence and reminders
Optionally connect and synchronize with Google Calendar
Collaborate with team members (if applicable)

Important: All AI processing, including document scanning, information extraction, voice transcription, and form filling, happens entirely on our own secure servers. We never send your personal information, documents, or data to third-party AI services (such as OpenAI, Google, Anthropic, or any other external AI providers).

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

4. User Accounts and Registration

4.1 Account Creation

To use certain features of the Service, you must create an account. You can create an account using:

Email and Password: Standard account creation with email address and password
Google OAuth: Optional account creation by signing in with your Google account

When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and update your information to keep it accurate
Maintain the security of your account credentials (including Google account security if using Google OAuth)
Accept responsibility for all activities that occur under your account, regardless of authentication method used
Accept our Terms of Service and Privacy Policy
If using Google OAuth, accept Google's Terms of Service and Privacy Policy
Understand that we are not responsible for Google's authentication services or any issues arising from Google OAuth

4.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account
Ensuring that you log out from your account at the end of each session

We are not liable for any loss or damage arising from your failure to comply with these security obligations.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Non-payment of fees (if applicable)
Extended periods of inactivity

You may request account deletion at any time through your account settings or by contacting us.

5. User Conduct

You agree not to:

5.1 Prohibited Activities

Use the Service for any illegal purpose or in violation of any laws
Violate or infringe upon the rights of others, including intellectual property rights
Transmit any harmful, offensive, or inappropriate content
Attempt to gain unauthorized access to the Service or other users' accounts
Interfere with or disrupt the Service or servers
Use automated systems to access the Service without permission
Reverse engineer, decompile, or disassemble any part of the Service
Remove or alter any proprietary notices or labels

5.2 Content Responsibility

You are solely responsible for:

All content you upload, submit, or transmit through the Service
Ensuring you have the right to use and share any content you provide
The accuracy and legality of all information you provide
Compliance with all applicable laws and regulations

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by Hivi (Hivi-x) and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain ownership of any content you submit, upload, or transmit through the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

Use, reproduce, and process your content to provide the Service
Store and backup your content
Display your content as necessary to provide the Service

6.3 License to Use Service

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business use, subject to these Terms.

7. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review our Privacy Policy, which is incorporated into these Terms by reference.

8. Payment and Subscription Terms

8.1 Fees

If you use paid features of the Service:

You agree to pay all fees associated with your subscription
Fees are charged in advance on a recurring basis
All fees are non-refundable unless otherwise stated or required by law
We reserve the right to change our pricing with reasonable notice (at least 30 days)
Price changes will apply to your next billing cycle after notice is provided

8.2 Payment Processing (Stripe)

Payment processing is handled by Stripe, Inc. ("Stripe"), a third-party payment processor:

Payment Card Information: We do NOT store, process, or have access to your payment card numbers, CVV codes, or full payment card details. All payment card information is collected, processed, and stored directly by Stripe
Stripe's Terms: Your use of Stripe's payment services is subject to Stripe's Terms of Service (https://stripe.com/legal) and Stripe's Privacy Policy (https://stripe.com/privacy)
Payment Authorization: By providing payment information, you authorize Stripe to charge your payment method for all fees associated with your subscription
Payment Disputes: Any disputes regarding payment processing, refunds, billing errors, or chargebacks must be resolved directly with Stripe in accordance with Stripe's dispute resolution procedures
Our Liability Limitation: We are not responsible for Stripe's payment processing, any payment processing errors, payment failures, or disputes. Stripe is solely responsible for payment processing services
PCI Compliance: Stripe is PCI-DSS Level 1 certified. We are not responsible for Stripe's compliance with payment card industry standards
Payment Information Accuracy: You are solely responsible for providing accurate payment information to Stripe. We are not liable for any issues arising from incorrect payment information

By using paid features, you acknowledge and agree that:

Stripe's collection, use, and disclosure of your payment information is governed by Stripe's Privacy Policy and Terms of Service
We are not responsible for Stripe's privacy practices, data handling, payment processing errors, or service availability
You have reviewed and agree to Stripe's Terms of Service and Privacy Policy
We are not liable for any issues, errors, disputes, chargebacks, or damages arising from Stripe's payment processing services
You will not hold us responsible for any payment processing failures, delays, or errors
Refund requests must be made in accordance with our refund policy and Stripe's terms

8.3 Subscription Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access to paid features until the end of the billing period for which you have already paid.

8.4 Refunds

Refunds are provided only in accordance with applicable law and our refund policy. We are not obligated to provide refunds except as required by law. Any refund requests must be submitted within the timeframes specified in our refund policy. Stripe may charge processing fees that are non-refundable.

9. Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES REGARDING:

THIRD-PARTY SERVICES (INCLUDING BUT NOT LIMITED TO STRIPE, GOOGLE OAUTH, GOOGLE EMAIL DELIVERY)
PAYMENT PROCESSING ACCURACY, SECURITY, OR AVAILABILITY
EMAIL DELIVERY GUARANTEES
AUTHENTICATION SERVICE AVAILABILITY OR SECURITY
DATA TRANSMISSION SECURITY THROUGH THIRD-PARTY INFRASTRUCTURE

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Hivi (Hivi-x) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR USE OR INABILITY TO USE THE SERVICE
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR DATA
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
ANY BUGS, VIRUSES, OR SIMILAR ITEMS TRANSMITTED THROUGH THE SERVICE
THIRD-PARTY SERVICE FAILURES, ERRORS, OR SECURITY BREACHES (INCLUDING BUT NOT LIMITED TO STRIPE, GOOGLE OAUTH, GOOGLE EMAIL DELIVERY)
PAYMENT PROCESSING ERRORS, FAILURES, OR DISPUTES
EMAIL DELIVERY FAILURES OR DELAYS
AUTHENTICATION SERVICE FAILURES OR SECURITY BREACHES
ANY ACTIONS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS

9.3 Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Hivi (Hivi-x), its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party (including intellectual property rights, privacy rights, or data protection rights)
Your content or information
Your use of third-party services (including but not limited to Stripe, Google OAuth, Google email delivery)
Any disputes, claims, or issues arising from payment processing, authentication services, or email delivery
Your failure to comply with applicable laws, regulations, or third-party terms of service
Any unauthorized access to your account or use of the Service through your account credentials

11. Termination

11.1 Termination by You

You may stop using the Service at any time. You may also request account deletion through your account settings.

11.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.

11.3 Effect of Termination

Upon termination:

Your right to use the Service will immediately cease
We may delete your account and data in accordance with our Privacy Policy
All provisions of these Terms that by their nature should survive termination shall survive

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

Posting the updated Terms on our website with a new "Last Updated" date
Sending an email notification to the email address associated with your account (for significant changes)

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

13. Governing Law and Compliance

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

We are committed to compliance with applicable privacy laws, including:

PIPEDA (Personal Information Protection and Electronic Documents Act) - Canadian federal privacy law
PHIPA (Personal Health Information Protection Act) - Ontario health information protection law
HIPAA (Health Insurance Portability and Accountability Act) - U.S. health information protection law
GDPR (General Data Protection Regulation) - European privacy law

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@hivi.ca.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, you agree that any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Arbitration Act (Ontario), except that you may assert claims in small claims court if your claims qualify.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hivi (Hivi-x) regarding the Service and supersede all prior agreements and understandings.

17. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Contact Information

If you have any questions about these Terms, please contact us:

Contact Information
Hivi (Hivi-x)
Canada
Email: support@hivi.ca
Phone: N/A

19. Age Requirements

The Service is intended for users who are at least 13 years of age. If you are under 13, please do not use our Service. If you are between 13 and 18 years of age, you must have your parent's or guardian's consent to use our Service.

20. Service Availability

We strive to provide reliable service but do not guarantee that the Service will be available at all times. The Service may be unavailable due to:

Maintenance or updates
Technical issues
Circumstances beyond our control

We are not liable for any damages resulting from Service unavailability.

21. Data Storage and Backup

While we implement security measures and backup procedures, you are responsible for maintaining your own backups of important data. We are not liable for any loss of data.

22. Third-Party Services and AI Processing

22.1 AI Processing

We use our own AI running entirely on our own servers. We never send your personal information, documents, voice recordings, or any other data to third-party AI services.

All AI processing, including document scanning, information extraction, voice transcription, text analysis, and form filling, happens entirely on our own secure servers. Your data never leaves our infrastructure and is never sent to external AI providers such as OpenAI, Google, Anthropic, or any other third-party AI services.

22.2 Google OAuth Authentication

We offer Google OAuth as an optional authentication method. When you choose to sign in with Google:

Google's Terms: Your use of Google OAuth is subject to Google's Terms of Service (https://policies.google.com/terms) and Google APIs Terms of Service
Google's Privacy Policy: Google's collection, use, and disclosure of your information is governed by Google's Privacy Policy (https://policies.google.com/privacy)
Our Liability Limitation: We are not responsible for Google's authentication services, privacy practices, data handling, or service availability
Revocation: You can revoke our access to your Google account at any time through your Google Account settings
Optional Service: Google OAuth is optional. You can create and use an account with email and password without using Google authentication

By using Google OAuth, you acknowledge and agree that:

You have reviewed and agree to Google's Terms of Service and Privacy Policy
We are not responsible for Google's authentication services, privacy practices, or any issues arising from Google OAuth
You will not hold us responsible for any Google OAuth failures, errors, or security issues
Google is solely responsible for its authentication services

22.3 Google Calendar Integration

We offer an optional Google Calendar integration. If you choose to connect it:

We request Google Calendar API scope needed to read and write calendar events for synchronization (https://www.googleapis.com/auth/calendar)
Synchronization may be two-way (events may be imported from Google Calendar to Hivi-x and events created in Hivi-x may be synchronized to Google Calendar)
Synchronization may run periodically and may also be triggered manually
You can disconnect Google Calendar at any time

We do not guarantee uninterrupted or immediate synchronization, and we are not responsible for outages, delays, API changes, or failures caused by Google services.

22.4 Email Delivery Services (Google Workspace/Gmail)

We use Google Workspace (Gmail) for email delivery services:

Google's Terms: Email delivery through Google Workspace is subject to Google Workspace Terms of Service and Google's Privacy Policy
Our Liability Limitation: We are not responsible for Google's email delivery services, delivery failures, email delays, or email security
Email Delivery: We do not guarantee email delivery. Email delivery is handled by Google's infrastructure, and we are not responsible for delivery failures or delays

By using our email notification features, you acknowledge and agree that:

Email delivery is handled by Google's infrastructure
We are not responsible for Google's email delivery practices, delivery failures, or any issues with email delivery
You will not hold us responsible for any email delivery failures, delays, or security issues
Google is solely responsible for its email delivery services

22.5 Payment Processing (Stripe)

Payment processing is handled by Stripe, Inc. ("Stripe"). See Section 8.2 for detailed terms regarding Stripe payment processing.

22.6 Other Third-Party Services

The Service may integrate with or link to other third-party services. We are not responsible for the content, privacy practices, terms of service, security, availability, or functionality of these third-party services. Your use of third-party services is subject to their respective terms and conditions.

General Third-Party Service Disclaimers:

We do not use third-party AI services. All AI processing is performed on our own servers
We are not responsible for third-party service availability, errors, security breaches, or data handling
You acknowledge that third-party services operate under their own terms and privacy policies
We disclaim all liability for any issues, damages, or losses arising from your use of third-party services
You will not hold us responsible for any third-party service failures, errors, or security issues
Third-party services are provided "as-is" and we make no warranties regarding their functionality or availability

23. Third-Party Service Disclaimers and Limitations

23.1 General Third-Party Service Disclaimers

The Service integrates with and relies upon third-party services, including but not limited to:

Stripe, Inc. for payment processing
Google LLC for OAuth authentication services and email delivery (Google Workspace/Gmail)
Other infrastructure and operational service providers

YOU ACKNOWLEDGE AND AGREE THAT:

No Warranty for Third-Party Services: We make no warranties, express or implied, regarding any third-party services. Third-party services are provided "as-is" and "as-available" without any warranty of any kind.
Third-Party Service Availability: We do not guarantee the availability, reliability, or performance of third-party services. Third-party services may be unavailable, experience outages, or be discontinued at any time without notice.
Third-Party Service Changes: Third-party service providers may change their services, terms, or pricing at any time. We are not responsible for notifying you of such changes, and such changes may affect your use of our Service.
No Liability for Third-Party Services: We are not liable for any damages, losses, or issues arising from:
- Third-party service failures, errors, or outages
- Third-party service security breaches or data breaches
- Third-party service changes or discontinuation
- Payment processing errors, failures, or disputes
- Email delivery failures or delays
- Authentication service failures or security issues
- Any actions or omissions of third-party service providers
Third-Party Terms Apply: Your use of third-party services is subject to those providers' terms of service and privacy policies. You are responsible for reviewing and complying with third-party terms.
No Endorsement: Reference to third-party services does not constitute an endorsement, recommendation, or guarantee of those services by us.
Your Responsibility: You are solely responsible for:
- Maintaining the security of your third-party service accounts (e.g., Google account, payment methods)
- Resolving disputes with third-party service providers
- Ensuring compliance with third-party terms of service
- Any consequences arising from your use of third-party services
Indemnification: You agree to indemnify and hold us harmless from any claims, damages, or losses arising from your use of third-party services or any issues with third-party services.

23.2 Specific Third-Party Service Disclaimers

Stripe Payment Processing:

Stripe is solely responsible for payment processing services. We are not responsible for Stripe's payment processing, security, compliance, or any payment-related issues.
All payment disputes, chargebacks, refund requests, and billing issues must be resolved with Stripe in accordance with Stripe's terms.
We are not liable for any payment processing errors, failures, delays, or security breaches.

Google OAuth Authentication:

Google is solely responsible for OAuth authentication services. We are not responsible for Google's authentication services, security, or any authentication-related issues.
All authentication issues, security concerns, or account access problems related to Google OAuth must be resolved with Google.
We are not liable for any Google OAuth failures, errors, or security breaches.

Google Email Delivery:

Google is solely responsible for email delivery services. We are not responsible for Google's email delivery, security, or any email-related issues.
We do not guarantee email delivery. Email delivery failures or delays are not our responsibility.
We are not liable for any email delivery failures, delays, or security issues.

Effective Date: 2025-12-01
Last Updated: 2025-12-01