Terms of Service

Here is a summary of the Terms of Service

• Compute by Hivenet offers distributed computation services for renting virtual instances with varying computational capacities on an hourly basis.
• The service is ideal for data-intensive tasks but not long-term storage.
• Users purchase credits to use the service and instances are billed per second based on usage.
• Credits are non-refundable and cannot be withdrawn.
• Instances are terminated within 2 minutes if the credit balance is insufficient.
• Free credits are non-refundable, non-transferable, and cannot be redeemed for cash.
• Users must comply with the acceptable use policy, which includes not copying, modifying, or distributing any content from the Software without authorization.

Intro

Compute by Hivenet (referred as “Software”) is operated by Hive Computing Services SAS (hereinafter referred as “Hive”, “Hivenet”, “we” or “us”) a French corporation registered at the Registre du Commerce et des Sociétés de Cannes under the number 915 285 241, with its principal place of business at 11, avenue Maurice Chevalier, Pépinière Créacannes – 06150 Cannes, France. These Terms apply to all services offered by Hive, including those provided through its affiliates and subsidiaries. We provide distributed computation services through Compute by Hivenet. Using The Software, you can purchase credits to rent virtual instances with differing computational capacities on an hourly basis, suited for various workloads. These instances operate on Hivenet’s infrastructure, allowing for cost-effective cloud computing powered by Hivenet’s distributed network.

Please read these terms of use carefully before using the software. By downloading, installing or using any part of this software you agree to be bound by these terms. If you do not agree to the terms of this agreement, you must not download, install or use any part of this software.

Description of service

We offer this Software, including all information, tools and services available on the Software (“Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

Account security

To access the Software, you shall be required to create a secure password and manage your SSH keys carefully and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your account. We will never ask for your password offline or online, except that you may be required to enter your password directly into a computer system as part of the log-on process and/or verification process. As a matter of good practice, you should change your password regularly and should use a unique password that is not used by you on any other platforms or services.

If you suspect a security breach, notify us immediately. We cannot be held liable for actions taken through unauthorized access to your account if caused by compromised credentials.

Software license

The Software offers a distributed computation service allowing users to rent virtual instances with varying computational capacities on an hourly basis. Users have choices between differing levels of quality within our product based on the price they are willing to pay.

These instances are ideal for data-intensive tasks but do not serve as long-term storage solutions. Users are responsible for managing any data they use or generate in connection with the service.

Subject to your continuous compliance with this Agreement and the payment of the applicable fees, we grant you a worldwide, revocable, non-exclusive, non-transferable and limited licence to use the Software for all other permitted scope as specified in this Agreement.

Updates and Modifications

Hive reserves all rights to unilaterally modify the Software and/or the Services and the terms of this Agreement from time to time. We shall inform you of the modifications (which may include but is not limited to adding, updating, or discontinuing any Services) in writing by way of email, press release and/or communication portal built in the Software. You acknowledge that such modifications may or may not be an enhancement to the Software and/or the Services. This Agreement and all such then-current Documentation shall remain binding on the Partiers. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement you may terminate this Agreement at any time.

Payment obligations

The Software operates on a pre-paid credit model. Users purchase credits, and each instance is billed per second based on usage. Credits are non-refundable and cannot be withdrawn; they are solely for Hivenet services.

Instance Billing, Storage and Network Volume

Instances are billed per second based on your chosen configuration. If your credit balance is insufficient, the instance will be terminated within 2 minutes.

Credits

Paid credits do not expire unless otherwise specified, but they are non-refundable. Auto-renewal for credit purchases can be managed in your account settings.

Free credits are non-refundable, non-transferable, and may not be redeemed for cash or other value. They are subject to the same terms as paid credits.

Restrictions and requirements

Acceptable Use Policy

Your use of this Software shall comply with our acceptable use policy set forth below. We may (but are not obligated to) monitor and review your account, content, and conduct when you use our Software. We shall have the right to suspend your access to the Software if we find your use of the Software is in violation of this Agreement.

You hereby agree not to:

1. copy, modify, alter, adapt, translate, reverse engineer, disassemble, decompile, create derivative works from, or distribute any content from our Software;
2. alter, remove, tamper, copy, display or use our trademarks and all other intellectual property owned by us or any third party for any purpose not explicitly authorized in this Agreement;
3. engage in spidering or harvesting or participate in the use of software, including spyware, designed to collect data from our Software, including from any user of our Software;
4. transmit or facilitate the transmitting of any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
5. engage in hacking or attempt to compromise any third party computer systems, bypass our access restrictions, security measures, fee systems or to use the Software in a manner that undermines the stability or security of our systems, impacts the performance experienced by other clients;
6. engage in harmful practices such as cryptocurrency mining, unethical SEO practices (e.g. Black Hat SEO), spamming, reverse engineering, botnet usage, and DOS/DDOS attacks;
7. conduct or attempt to conduct any unauthorized intrusions into our systems, including its platform, share services, or resources provided to other clients. Penetration testing is only allowed when explicitly approved by us through a formalized agreement;
8. stalk, harass, threaten or harm any third party in any manner;
9. conduct any activity, including but not limited to sharing, circulating or hosting any content through the Software that is in violation of any applicable laws, regulations and ethical charters in effect globally (including but not limited to money laundering, financing unlawful activities, and tax evasion);
10. incite unlawful behaviour, including felonies, crimes (including but not limited to promoting terrorism, crimes against humanity, or child exploitation), or actions of hatred, discrimination, or violence—especially those rooted in ethnicity, nationality, race, religion, gender, sexual orientation, identity, or disability;
11. distribute or host any content that is violent, promotes terrorism, violates human dignity, or incites minors to engage in harmful activities that threaten their physical well-being, as well as pornographic content. This applies particularly to material that could be accessible to minors.
12. access our Software to obtain information to build a similar or competitive website, application or otherwise; or
13. advocate, encourage or assist any third party in doing any of the foregoing.

No Transfer

You will not rent, lease, sell, sublicense or transfer its rights in the Software or authorize any portion of the Software to be copied onto another individual or legal entity’s computer except as may be expressly permitted herein.

Intellectual property ownership

Software and Documentation

You acknowledge and agree that:

1. the Software and Documentation as well as all improvements, enhancements of modifications, applications, inventions, or other technology developed in connection with the Software and any intellectual property rights related thereto are owned by or licensed to Hive, and you do not and will not have or acquire under or in connection with this Agreement any ownership interest in the Software and Documentation, or in any related intellectual property rights;
2. Hive and its licensor(s) are and will remain the sole and exclusive owners of all right, title and interest in and to the Software and Documentation, including all intellectual property rights relating thereto; and
3. Except as expressly granted under this Agreement, nothing in this Agreement will be construed to grant you any rights in the Software and Documentation or intellectual property rights subsisting therein. The rights not expressly granted to you under this Agreement are exclusively reserved to Hive.

For suspected copyright violations, please contact us at support@hivenet.com.

Your Content

Hivenet is not legally obligated to monitor or investigate for unlawful activity. However, if you or your users fail to follow these requirements, Hivenet may take immediate action, including suspending or terminating the Services or Contract.

All content that you upload, submit, store, or send via the Software shall remain the sole property of the content creator. We do not claim ownership of such content, including but not limited to any text, data, information, and files (whether in its original form or compressed and encrypted form). You must ensure that neither your actions nor the content you distribute or access using the Services infringe on third-party rights. This includes, but is not limited to, refraining from the dissemination of content that may involve defamation, abuse, disparagement, privacy violations, breaches of societal norms, or disruption of public order. Content featuring abusive, violent, or hateful expressions is not permitted under any circumstances.

Data Protection and Security

Your data is isolated in a multi-tenant environment with strong data isolation protocols. Data is encrypted and protected to prevent access by other users or providers. Our infrastructure is designed to minimize data exposure to our machine providers and other users.

We do store or share your files and data or any of your personal information with any other third party without your consent or except as described in our Privacy Policy. Compute is compliant with the GDPR and other relevant data protection standards. Users are encouraged to understand their compliance responsibilities, particularly if processing personal data on behalf of third parties. Please refer to our Privacy Policy for further information on how we handle your personal information.

Limited warranty and disclaimers

Compute is not a long-term storage solution; rather, it provides computational resources for temporary use. The secure handling, storage, and management of data within your instances are your responsibility. We recommend maintaining external, secure backups of important data to safeguard against potential loss, as Hivenet does not offer guarantees for data restoration.

Instances are automatically billed per second, and users must have at least one hour's worth of credits in their account balance to start an instance. Running instances will terminate when credits are depleted, with no warning notice before shutdown.

In cases where we discontinue the Software for reasons unrelated to user conduct, we will provide 30 days’ notice, if feasible, to retrieve data remaining in the system.

We do not guarantee, represent, or warrant that your use of our software will be uninterrupted, timely, secure, or error-free. We do not warrant that the information and content as provided on the software will be accurate or reliable. You agree that from time to time we may remove the software for indefinite periods of time or cancel any of our services offered at any time, without notice to you.

You expressly agree that your use of, or inability to use, the software is at your sole risk. The services delivered to you through the software are (except as expressly stated by us) provided ‘as-is’ and ‘as-available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied to the extent permitted by law, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of liability

We shall not be held responsible for any outcomes, results, or data generated by the partner's use of Compute Services. The partner acknowledges that all computing jobs and tasks performed using Hive's infrastructure are conducted at the partner's own risk.

You acknowledge and agree that we shall, to the extent permitted by law, have no liability for any: (I) errors, mistakes, or inaccuracies of content; (II) personal injury, property damage, or other harm resulting from your access to or use of our software; (III) any unauthorized access to or use of our servers, any personal information, or user data; (IV) any interruption of transmission to or from our software; (V) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our software; or (VI) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any content posted or shared through our software.

To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will we be liable to you or to any third party for any direct, indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, data, business opportunities, goodwill or anticipated savings) or for the cost of obtaining substitute products, arising out of or in connection with this agreement, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we have been advised of the possibility of such damages.

Force Majeure

We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, epidemics, pandemics, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a “Force Majeure Event“). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations affected by that Force Majeure Event for so long as the event continues.

Indemnity

You agree to indemnify, defend and hold harmless Hive, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with your use of the Software or any breach by you of any terms of this Agreement.

Governing Law

This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement, or its subject matter or formation, will be governed by and construed in accordance with the laws of Switzerland. Any dispute, controversy, or claim arising out of, or in relation to, this contract, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules. The number of arbitrators shall be three. The seat of the arbitration shall be Geneva. The arbitral proceedings shall be conducted in English.

General Provisions

Severability

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

Without prejudice to any other rights, we may terminate this Agreement immediately without prior notice to you if you breach any of the terms of this Agreement and you will remain liable for all amounts due up to and including the date of termination (if any). All obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

You may at any time terminate this Agreement by uninstalling the Software from your hard drive or other applicable hardware. All provisions of this Agreement relating to disclaimers or warranties, limitation of liability, Hive’s intellectual property rights, governing law and general provisions shall survive termination.

Waiver

The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Entire Agreement

This Agreement and any policies or operating rules posted by us on this Software or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this Agreement).

Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.

Language

This Agreement is drafted in English, and versions in any other language are for reference purposes only. In the event of conflict between the English version and any other translated versions of this Agreement, the English version shall prevail.

Changes To the Agreement

You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our Software from time to time. Any changes to this Agreement will apply to orders placed or Services used on or after the effective date stated in this Agreement. It is your responsibility to check this page periodically for changes. Your continued use of our Services or access to the Software following the posting of any changes constitutes acceptance of those changes.

We may update these terms with 30 days’ notice, and your continued use of the service indicates acceptance of the changes.

Contact

For support, you may contact us via email (support@hivenet.com) or via our Discord community. You can request to delete your account at any time by writing to support@hivenet.com Note that credits are non-refundable upon account termination.