SkyHive Technologies Inc.
Terms of Use

Subject to the terms and conditions of this License and any applicable third-party license conditions, SkyHive hereby grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable, terminable, personal license to use the Services in strict accordance with the terms of this License, and SkyHive reserves all other rights. For greater certainty, this License does not grant you any rights with respect to any third-party applications and/or products.

SkyHive grants limited authorization to access and use the Services, subject to the License. You agree that you will not distribute or make the Services available over a network where it could be used by multiple devices at the same time.  You may not transfer, redistribute or sublicense the Services and, if you sell your electronic device to a third party, you must remove the Services from the device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part thereof (except and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent it may be permitted by the licensing terms governing use of an open-sourced component included with the Services). You may not use any Services in a manner that could damage, disable, overburden or impair any Services, or the network connected to any SkyHive Services, or interfere with any other party’s use and enjoyment of any Services.

SkyHive may from time to time develop updates, upgrades, bug fixes, and other modifications (“Updates”) to improve the performance and usability of the Services. These Updates may be automatically installed without providing any additional notice. By using the Services, You consent to such Updates.

This License commences on the date that you access or use the Services and will continue until terminated by You or SkyHive. Your rights under this License will terminate automatically if You fail to comply with any of its terms. Upon termination, You must cease all use of the Services.

You acknowledge and agree that the Services is being licensed, not sold, to You by SkyHive or its licensors and You will not acquire any ownership interest in the Services. SkyHive retains all right, title and interest in and to the Services and all intellectual property rights arising out of or relating to the Services. There are no implied licenses granted in this License.

Without prejudice to any other rights, SkyHive may terminate this License at any time by giving you notice of such cancellation, in which case you must destroy all copies of the Services in your possession and all of its documentation and cease and desist from any further use of the Services.

In addition, SkyHive may at any time suspend your access to the Services, if you are in breach of this Agreement or using the Services in a manner that impairs the operation of the Services or that violates the SkyHive Privacy Policy. You agree that we are not liable to you or any third party for any termination of your access to our Services.

You acknowledge that you have read SkyHive’s Privacy Policy and hereby consent to the collection, use and disclosure by SkyHive of your personal data for purposes identified in SkyHive’s Privacy Policy. You acknowledge that SkyHive may aggregate Personal Data for analytical purposes, quality improvement purposes, or other business purposes including those stated in SkyHive’sPrivacy Policy.

If you would like to contact us about Privacy, please email us at infosec@skyhive.io

You agree and acknowledge that the Services do not constitute a system of record in any way.

You shall defend, indemnify and hold harmless SkyHive in respect of all damages and reasonable costs (including reasonable legal fees) arising from a third-party claim against SkyHive involving claims involving or in connection to Your negligence, omission, or any breach of this License.

To the maximum extent permitted by applicable law, in no event shall SkyHive, its directors, officers, employees, agents, licensors, and their respective successors and assigns be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including without limitation, any direct, special, indirect, punitive, incidental or consequential damages, loss of use, loss of data, any other loss incurred in connection with your use, misuse or reliance upon the Service, your inability to use the Service, personal injury, fines, fees, penalties or other liabilities),  whether or not SkyHive was advised of the possibility of such damages, resulting from or related to this agreement.

You assume all risk with respect to the results and performance of the Services.

To the extent that the foregoing limitation is not permitted by applicable law, in no event will SkyHive’s total aggregate liability in connection with or under this agreement, or your use of, or inability to make use of, the Services exceed the amount of $100.00 (Canadian dollars). For greater certainty, the existence of one or more claims under this agreement will not increase this maximum liability amount.

The Service may contain links to third party services or references to products or services other than those of SkyHive. These links are for your convenience only and do not imply the endorsement or approval of such Products and Services by SkyHive. You interact with the third-party links at your own risk.

YOU ACKNOWLEDGE THAT THE SERVICES IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, SKYHIVE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM STATUTE, OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE ACCURACY OR NATURE OF THE CONTENT AND DATA WITHIN OR ACCESSIBLE THROUGH OR PROVIDED BY THE SERVICES, TITLE, MERCHANTABILITY, MERCHANTIBLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF OTHER’S INTELLECTUAL PROPERTY RIGHTS, RELIABILITY, QUIET ENJOYMENT, AND DURABILITY. SKYHIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE SERVICES WILL NOT CONTAIN ANY MALWARE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

The Services are operated by SkyHive from its offices within the State of California. You agree that all matters relating to this License, or your access or use of the Services and its content shall be governed by the laws of the State of California and the laws of the United States applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the State of California with respect to all matters relating to your access and use of the Services and the content as well as any dispute that may arise therefrom or from this License.

SkyHive’s failure to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision.

The invalidity or unenforceability of any provision of the License or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of the License.

Information regarding fees may be available at the appropriate sections of the SkyHive website. Such fees are subject to increase without any notice from SkyHive. If You do not agree to pay the fees based on increased prices, you may terminate the relevant Service in accordance with this License.

You will be solely responsible for, and will pay all applicable sales, use, service, value-added, consumption or other taxes associated with any payment made to SkyHive. All amounts paid are non-refundable.

SkyHive reserves the right to suspend, limit or terminate the Services in case of late payment. If you are overdue on any payment, SkyHive may charge a late fee of one percent (1%) per month of the amount due. SkyHive shall not be required to provide access to the Services during any fee dispute.

“Confidential Information” shall mean any and all information or data, belonging to SkyHive, in whatever form or storage medium, whether tangible or intangible, and whether disclosed directly or indirectly before or after the conclusion of this License, in writing, orally, or through visual means. Confidential Information shall also include any information which, by its nature, would reasonably be considered to be of a confidential nature either intrinsically or due to the context and circumstances in which it was disclosed.

You shall protect all Confidential Information which SkyHive provides to you (whether orally, in writing or in any other form) using the same standards as you apply to your own comparable Confidential Information, and in no event less than a reasonable standard of care. You may only use Confidential Information for the purposes of and as authorized under this License.

You acknowledge and agrees that unauthorized use or disclosure of Confidential Information would cause irreparable harm and significant injury to SkyHive that would be difficult to ascertain. Accordingly, You agree that SkyHive shall have the right to obtain injunctive or other equitable relief to enforce the confidentiality obligations under this License.

If you have any questions about these License of use, please contact us:

By email: infosec@skyhive.io