These terms explain the terms upon which you may use the Hivebrite services as a user authorised by us.
You should read these terms carefully before using the Hivebrite services.
By accessing and/or using the Hivebrite services or otherwise indicating your consent, you agree to be bound by these terms and the documents referred to in them.
If you do not agree with or accept any of these terms, you should stop using the Hivebrite services immediately.
Admin User means any person authorised by us to access the administration panel of the platform under the Hivebrite Services;
Confidential Information means information that is disclosed by you and other users that is labelled or identified as confidential or proprietary when disclosed, or that, under the circumstances, should reasonably be treated as confidential, including, without limitation, information (tangible or intangible) regarding our technology, designs, technique, research, know-how, specifications, product plans, pricing, customer information, user data, current or future strategic information, current or future business plans, policies or practices, employee information, patentable ideas or patent applications, advertising or marketing suggestions, prototypes, other business and technical information or any other information that you regard as confidential, commercially sensitive or valuable;
Data means personal identification electronic data or information input or submitted by you to the Hivebrite Services, except Publications;
Hivebrite means Kit United, a French société par actions simplifiée having its registered office located 5, rue des Italiens in Paris (75009), France, incorporated under number 753 391 713 R.C.S Paris;
Hivebrite Services means the services provided by Hivebrite including the right to create, access and use a community platform, with a range of different and personalisable functionalities, on a software as a service basis, for internal business purposes;
Publications means any content or information published in the Hivebrite Services by you, and visible to other users;
Software means the software provided by Hivebrite (either by download or through the internet) that allows you to use any functionality in connection with the Hivebrite Services;
We, us or our means Clue Computing Company Limited, company registration number 01715616 and the registered office of which is at Clue House, Petherton Road, Hengrove, Bristol, BS14 9BZ; and
You or your means the person accessing or using the Hivebrite Services.
2 Using the Hivebrite Services
2.1 The Hivebrite Services is for your personal business use only.
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Hivebrite Services; and
2.2.2 keeping your password and other account details (if applicable) confidential.
2.3 We may prevent or suspend your access to the Hivebrite Services at any time as we see fit including if you do not comply with any part of these terms, any terms or policies to which they refer or any applicable law.
3 Submitting confidential information to the Hivebrite Services
Neither we nor Hivebrite can guarantee the security of any information that you disclose, submit and/or publish on the Hivebrite Services and therefore it may not be kept confidential. For that reason, you MUST NOT disclose, submit and/or publish to the Hivebrite Services any Confidential Information or any other information that you regard as confidential, commercially sensitive or valuable.
4 Restrictions on use
4.1 As a condition of your use of the Hivebrite Services, you agree:
4.1.1 not to use the Hivebrite Services for any purpose that is unlawful under any applicable law or prohibited by these terms and conditions of use, including (without limitation) to commit fraud, to gain unauthorised access to or use of computers, data, systems, accounts or networks, or for purposes of promoting unsolicited advertising or sending spam;
4.1.2 not to use the Hivebrite Services to distribute viruses or malware or other similar harmful software code, or to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
4.1.3 not to use the Hivebrite Services in any manner that disrupts the operation of the Hivebrite Services or our business or the business of any other entity;
4.1.4 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
4.1.5 not authorise any third party to access or use the Hivebite Platform on your behalf nor to attempt to circumvent password or user authentication methods; and
4.1.6 to comply with the provisions relating to our intellectual property rights and software contained in these terms.
4.2 As a condition of your use of the Hivebrite Services, you shall not:
4.2.1 make the Hivebrite Services available to anyone else (unless you are an Admin User, in which case you may only grant access to users expressly authorised by us) nor use the Hivebrite Services in excess of any limitations set out by us or Hivebrite;
4.2.2 give access to the Hivebrite Services to a competitor of us or Hivebrite;
4.2.3 directly or indirectly sell, resell, rent, sublicense or lease the Hivebrite Services;
4.2.4 interfere with or disrupt the integrity or performance of the Hivebrite Services or third-party services or data contained therein;
4.2.5 copy, modify or make derivative works of the Software;
4.2.6 reverse engineer, disassemble or reverse compile the Software;
4.2.7 access the Hivebrite Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
4.2.8 access or use the Hivebrite Services in order to: (i) design, develop, build, market or support a competitive product or service; (ii) design, develop, build, market or support a product using similar ideas, features, functions or graphics of the Hivebrite Services; or (iii) copy any ideas, features, functions or graphics of the Hivebrite Services.
4.3 We are not obliged to monitor or moderate Publications. Where we do monitor or moderate Publications we shall indicate how this is performed and who should be contacted in relation to any Publications of concern to you.
4.4 We and/or Hivebrite may remove or edit any Publications to any of the interactive services whether they are moderated or not.
5 Behavioural guidelines and publication standards
5.1 [INSERT ]
5.2 Any Publication or communication to users of our Hivebrite Services must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Publication or communication is:
5.2.1 your own original work and lawfully submitted;
5.2.2 factually accurate or your own genuinely held belief;
5.2.3 provided with the necessary consent of any third party;
5.2.4 not defamatory or likely to give rise to an allegation of defamation;
5.2.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
5.2.6 unlikely to cause offence, embarrassment or annoyance to others.
6 Use of your Data and Publications
6.1 You hereby grant Hivebrite and any third party Hivebrite has contracted with to provide storage and processing services, a non-exclusive, non-transferable license to store, process and use any Publications and your Data solely for the purpose of providing the Hivebrite Services and generating Analytical Data as defined in Section 6.4 below.
6.2 Further , you grant us a non-exclusive, worldwide, irrevocable, royalty-free licence to use your Data and Publications for our business purposes.
6.3 You shall be responsible for: (a) the consent, accuracy, quality and legality of your Data and Publications and of the means by which you acquired such Data and Publications; and (b) your compliance with applicable laws and government regulations in particular GDPR and UK GDPR.
6.4 Hivebrite may generate and/or develop information and data resulting from the manipulation or analysis of Publications and/or your Data based upon its operation and provision of the Hivebrite Services, along with any associated databases, external data, calculations and other processes or tools used by Hivebrite (collectively, the “Analytical Data”). Nothing herein shall be construed as prohibiting Hivebrite from using Analytical Data for Hivebrite’s business purposes.
6.5 You consent to ours and Hivebrite’s use of your Data and Publications as set out above.
7 Your privacy and personal information
8 Third party services
8.1 Now or in the future, the Hivebrite Services may enable you to use applications, products or services from third parties (“Third-Party Services”). You must obtain our express consent before using the Third-Party Services, and comply with any third party terms that we, Hivebrite or the relevant third party makes available to you . You acknowledge and agree that the Hivebrite Services may allow the providers of those Third-Party Services to access or use your Data.
9 Ownership, use and intellectual property rights
9.1 Subject to the rights and remedies expressly granted hereunder, Hivebrite reserves all rights, title and interest in and to the Hivebrite Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
9.2 If you, a third party acting on your behalf, creates applications or program code using the Hivebrite Services, you authorise Hivebrite to host, copy, transmit, display and adapt such applications and program code, solely as necessary for Hivebrite to provide the Hivebrite Services.
9.3 Trade marks and trade names may be used on this Hivebrite Services. Your use of any trade marks on the Hivebrite Services is strictly prohibited unless you have our prior written permission.
10 Limitation on our liability
10.1 The Hivebrite Services are provided strictly on an “as is” basis and, to the extent not prohibited by law, and neither we nor Hivebrite make any warranties of any kind, whether express, implied, statutory or otherwise, and we and Hivebrite specifically disclaim all implied warranties, including any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law.
10.2 Neither we nor Hivebrite guarantee that the Hivebrite Services will be performed error-free or uninterrupted, or that we or Hivebrite will correct all services’ errors. You acknowledge that neither we nor Hivebrite control the transfer of data over communications facilities, including the internet, and that the Hivebrite Services may be subject to limitations, delays, data breaches and other problems inherent in the use of such communications facilities. Neither we nor Hivebrite are responsible for any delays, delivery failures, or other damage resulting from such problems.
10.3 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
10.3.1 losses that:
(a) were not foreseeable to you and us when these terms were formed; or
(b) that were not caused by any breach on our part,
10.3.2 business losses.
11.1 You agree that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Hivebrite’s employees or agents in connection with your use of the Hivebrite Services. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If you become aware of any violation of the above restriction, you will promptly notify us.
11.2 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11.3 No one other than a party to these terms has any right to enforce any of these terms.
11.4 We reserve the right to vary these terms from time to time. By continuing to use and access the Hivebrite Services following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms from time to time to verify such variations.
11.5 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible.
11.6 If either party wants to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to these terms. English law will apply to these terms.
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