Terms of Service

1. Account Responsibilities

1.1 Account Creation

When you create an account with us, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

1.2 Account Security

You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot be held liable for any loss or damage arising from your failure to comply with this requirement.

1.3 Age Restrictions

You must be at least 18 years old to create an account and use our services. By creating an account and using our services, you represent and warrant that you are at least 18 years old.

2. Products and Services

2.1 Product Descriptions

We strive to accurately describe our products and services. However, we do not warrant that product descriptions or other content on our website are accurate, complete, reliable, current, or error-free.

2.2 Product Availability

All products and services are subject to availability. We reserve the right to discontinue any product or service at any time.

2.3 Product Use

Our products and services are intended for use in accordance with their instructions and specifications. Any use contrary to these instructions or specifications is at your own risk.

3. Payment Terms

3.1 Pricing

All prices for products and services are shown in US dollars and do not include taxes, shipping, or handling charges unless explicitly stated otherwise. We reserve the right to change prices at any time.

3.2 Payment Methods

We accept various payment methods as indicated on our website. By providing a payment method, you represent and warrant that you are authorized to use the payment method and that any payment information you provide is true and accurate.

3.3 Billing

For subscription services, you authorize us to charge the applicable fees to your designated payment method. If your payment cannot be completed, we may suspend or terminate your access to the service.

3.4 Refunds

Our refund policy varies by product and service. Please refer to the specific refund policy associated with the product or service you have purchased.

4. Intellectual Property Rights

4.1 Ownership

The website, its original content, features, functionality, and all intellectual property rights related to them are and will remain the exclusive property of GaiaForge and its licensors.

4.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our website, products, and services for your personal or internal business purposes.

4.3 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of our services or included software
• Reverse engineer or attempt to extract the source code of our software
• Use our services in any way that could damage, disable, overburden, or impair our services
• Use any robot, spider, crawler, scraper, or other automated means to access our services

4.4 Trademarks

All trademarks, service marks, trade names, logos, and other identifiers of source displayed on the website are the property of GaiaForge or their respective owners. You may not use these without our prior written permission or the permission of the third-party owner.

5. User Content

5.1 Your Data

You retain full ownership of all data collected by your HiveGuard devices, including sensor readings, audio analysis results, and environmental measurements ("Your Data"). By using our cloud services, you grant us a limited license to store, process, and display Your Data solely for the purpose of providing the HiveGuard service to you. We will not sell, share, or use Your Data for any purpose other than providing and improving the service.

5.2 Content Responsibility

You are solely responsible for your User Content and the consequences of submitting and publishing your User Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any User Content you submit.

5.3 Content Monitoring

We reserve the right, but are not obligated, to monitor, edit, or remove any User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable.

6. Prohibited Conduct

You agree not to:

• Use our services for any illegal purpose or in violation of any laws
• Violate any intellectual property rights
• Transmit any material that is harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the services or servers or networks connected to the services
• Attempt to gain unauthorized access to any portion of the services or any other accounts, computer systems, or networks connected to the services
• Use our services to send unsolicited communications, promotions, or advertisements
• Harvest or collect email addresses or other contact information of other users from the services

7. Warranty Disclaimer

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

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GAIAFORGE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless GaiaForge, its directors, officers, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another
• Your User Content

10. Term and Termination

10.1 Term

These Terms will remain in full force and effect while you use our services.

10.2 Termination by You

You may terminate your account at any time by contacting us or using any account termination functionality provided in our services.

10.3 Termination by Us

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

10.4 Effect of Termination

Upon termination, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

11. Data Protection and Your Rights

11.1 Data You Own

All hive monitoring data, sensor readings, and analysis results generated by your devices remain your property. You may export or delete your data at any time through the portal or by contacting us.

11.2 Rights Under GDPR (EU/EEA Users)

If you are located in the European Union or European Economic Area, you have additional rights under the General Data Protection Regulation (GDPR), including:

• Right of Access (Art. 15) — You may request a copy of all personal data we hold about you
• Right to Rectification (Art. 16) — You may request correction of inaccurate personal data
• Right to Erasure (Art. 17) — You may request deletion of your personal data and all associated hive data
• Right to Data Portability (Art. 20) — You may request your data in a structured, machine-readable format (CSV)
• Right to Restrict Processing (Art. 18) — You may request that we limit how we use your data
• Right to Object (Art. 21) — You may object to processing of your personal data

To exercise any of these rights, contact us at privacy@gaiaforge.tech. We will respond within 30 days.

11.3 Rights Under US Law

If you are located in the United States, you have rights under applicable state privacy laws (including CCPA for California residents). You may request access to, deletion of, or information about your personal data by contacting us.

11.4 Data Retention

We retain your account data and hive monitoring data for as long as your account is active. Upon account deletion, all personal data and associated hive data will be permanently removed within 30 days.

11.5 Data Security

We use industry-standard security measures to protect your data, including encrypted connections (TLS), hashed passwords, and access controls. No method of transmission over the Internet is 100% secure, but we take reasonable steps to protect your information.

12. Subscription Terms

12.1 Free and Pro Plans

HiveGuard offers a free tier with basic monitoring features and a Pro subscription with advanced analytics, cloud storage, and priority support. Features available under each plan are described on our website and may change over time.

12.2 Billing and Cancellation

Pro subscriptions are billed monthly or annually as selected at purchase. You may cancel at any time; cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

12.3 Plan Changes

We reserve the right to modify subscription pricing or features with 30 days' notice to existing subscribers.

13. Governing Law and Jurisdiction

For users located in the United States: These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.

For users located in the European Union or European Economic Area: These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Nothing in these Terms affects your rights as a consumer under the mandatory consumer protection laws of your country of residence.

Any disputes shall be resolved in the competent courts of the applicable jurisdiction as determined above.

14. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last Updated" date at the top. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

15. Contact Information

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