Hivsy legal
Terms of Service
These Terms form the agreement between Hivsy and the person or organization using our email delivery, inbound email, audience, automation, analytics, and related services.
Effective
1. Acceptance and the agreement
By creating an account, clicking to accept, purchasing a plan or credits, or using the Services, you accept these Terms. The Privacy Policy explains Hivsy’s own data practices. The Acceptable Use Policy and, when Hivsy processes personal data for you, the Data Processing Addendum are incorporated into this agreement.
You must be at least 18 years old and legally capable of entering into this agreement. If you do not agree, do not create an account or use the Services.
2. Accounts and team access
- Provide accurate, current account and billing information and keep it updated.
- Protect passwords, API keys, OAuth access, recovery codes, and other credentials. Do not share individual credentials between people.
- Use team seats for authorized users and promptly remove access that is no longer needed.
- You are responsible for activity under your account and for your users’ compliance with this agreement.
- Notify support@hivsy.com promptly if you suspect unauthorized access or credential compromise.
3. The Services
Hivsy provides tools for sending and receiving email, managing domains and audiences, creating templates and broadcasts, automating workflows, processing webhooks, and reviewing delivery and engagement events. Features may change as the service evolves. Any service-level commitment must be stated in a separate written agreement.
Beta, preview, or experimental features may be changed or withdrawn at any time and may be less reliable than generally available features. You should not use them for workloads that require a contractual availability or support commitment.
4. Your responsibilities and customer data
You retain ownership of the content, contact data, domains, templates, messages, and other data you submit to the Services (“Customer Data”). You grant Hivsy a limited right to host, copy, process, transmit, and display Customer Data only as needed to provide, secure, support, and improve the Services, comply with law, and enforce this agreement.
- You have all rights, notices, permissions, and lawful bases needed to provide Customer Data to Hivsy and to send each message.
- Your sender identity, routing information, subject lines, and message content must be accurate and not deceptive.
- Marketing recipients must have valid permission where required, and every commercial message must include legally required identification, postal-address, and unsubscribe information.
- You must honor opt-outs, suppressions, complaints, and applicable retention or deletion requests promptly.
- You must configure domains, DNS, webhooks, integrations, and security settings responsibly and keep your own systems secure.
- You must not submit regulated or sensitive data unless the Services and a written agreement expressly support it.
5. Acceptable use and deliverability
You must follow the Acceptable Use Policy and all applicable anti-spam, privacy, consumer-protection, export-control, and communications laws. Hivsy may inspect account and message metadata, complaints, bounce patterns, and content when reasonably necessary to prevent abuse, protect recipients and shared infrastructure, investigate a violation, or comply with law.
Hivsy may delay, reject, or stop delivery; limit traffic; require remediation; quarantine content; or suspend an account when activity threatens security, deliverability, legal compliance, or the Services. Urgent action may occur without advance notice.
6. Fees, credits, plans, and taxes
- Prices, included usage, domain limits, team seats, and other entitlements are shown at purchase or in the applicable order form.
- Pay-as-you-go email credits are applied according to the checkout terms. Team or other recurring plans renew until canceled.
- Usage that exceeds a free allowance requires sufficient credits or another paid entitlement. Hivsy may stop billable activity when an account lacks credits.
- Except where law requires otherwise or Hivsy states otherwise at checkout, completed purchases are non-refundable.
- Prices exclude taxes. You are responsible for applicable sales, use, withholding, value-added, or similar taxes, excluding taxes on Hivsy’s income.
- Payments may be processed by a third-party payment provider under its own terms and privacy notice.
7. Intellectual property and feedback
Hivsy and its licensors own the Services, software, documentation, branding, and related intellectual property. These Terms give you a limited, non-exclusive, non-transferable right to use the Services during the agreement. They do not transfer ownership of Hivsy technology or branding.
If you provide feedback, you permit Hivsy to use it without restriction or payment, provided Hivsy does not identify you publicly as the source without permission.
8. Confidentiality and security
Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use it only to perform this agreement, protect it with reasonable care, and disclose it only to personnel and service providers who need it and are bound to protect it. These duties do not cover information that is public without breach, already lawfully known, independently developed, or lawfully received from another source.
If disclosure is legally required, the receiving party may disclose the minimum required and, when legally permitted, will give reasonable notice. The Data Processing Addendum contains additional security and privacy commitments for Customer Personal Data.
9. Third-party services
The Services may interoperate with payment processors, identity providers, DNS providers, recipient mail systems, webhooks, and other third-party services. Your use of a third-party service is governed by your agreement with that provider. Hivsy is not responsible for third-party services, changes, outages, or data handling outside Hivsy’s control.
10. Suspension and termination
You may stop using the Services at any time and may cancel recurring plans through the available account controls or by contacting support. Amounts already incurred remain due.
Hivsy may suspend or terminate access for a material breach, non-payment, fraud, legal requirement, security risk, or activity that harms recipients, deliverability, other customers, or the Services. Where practical and safe, Hivsy will provide notice and an opportunity to remedy the issue. Sections that by their nature should survive termination remain effective, including payment obligations, ownership, confidentiality, disclaimers, liability limits, and dispute terms.
11. Warranties and disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available.” Hivsy disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. Hivsy does not guarantee inbox placement, delivery time, recipient engagement, or that every message will be accepted by a recipient system.
Nothing in these Terms excludes a warranty or consumer right that cannot lawfully be excluded.
12. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, business opportunity, or data, arising from the Services or this agreement, even if advised that such damage was possible.
Except for payment obligations, misuse of intellectual property, breach of confidentiality, indemnification obligations, fraud, willful misconduct, or liability that cannot lawfully be limited, each party’s total aggregate liability arising from the Services or this agreement will not exceed the amount you paid Hivsy for the Services during the 12 months before the event giving rise to the claim. For a free account, Hivsy’s aggregate liability will not exceed USD 100.
13. Indemnification
You will defend and indemnify Hivsy and its personnel against third-party claims, damages, penalties, and reasonable costs arising from your Customer Data, your messages or recipients, your violation of the Acceptable Use Policy or law, or your users’ use of the Services. Hivsy will promptly notify you of a covered claim, allow you to control the defense and settlement, and provide reasonable cooperation. You may not settle a claim in a way that admits fault by or imposes obligations on Hivsy without written consent.
14. Changes to these Terms
Hivsy may update these Terms to reflect service, legal, security, or operational changes. The effective date will be updated, and material changes will be communicated through the Services, by email, or another reasonable method before they take effect when required. Continued use after the effective date constitutes acceptance where permitted by law.
15. General terms and disputes
Before filing a formal claim, contact legal@hivsy.com and provide a description of the dispute so both sides can try to resolve it informally. A governing-law or forum term in an executed order form controls. If there is no order form, applicable conflict-of-law and jurisdiction rules determine the governing law and forum; mandatory rights available under applicable law remain unaffected.
Neither party may assign this agreement without the other party’s consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all relevant assets. Hivsy may use subcontractors to provide the Services and remains responsible for its obligations. Neither party is liable for delay caused by events beyond reasonable control. If a provision is unenforceable, it will be limited to the minimum necessary and the remaining terms will continue. Failure to enforce a provision is not a waiver. These Terms and incorporated documents are the entire agreement for the Services unless an executed order form states otherwise.
16. Contact
The service operator is Hivsy. Questions about these Terms may be sent to legal@hivsy.com. Support requests may be sent to support@hivsy.com.
Questions about this document? Email legal@hivsy.com.