End User License Agreement

Last Updated: April 27, 2023

END USER LICENSE AGREEMENT (EULA)

This End User License Agreement ("Agreement") is a legal agreement between you, either an individual or a single entity ("You" or "User") and Hivekit, Inc., a Delaware corporation ("Hivekit", "We", "Us", or "Our") with its principal place of business at 651 N Broad St, Suite 201, Middletown, New Castle, Delaware 19709, USA.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY HIVEKIT, INC. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

1. Definitions

1.1 "Services" means the application programming interface (API) services, software, and any accompanying documentation, provided by Hivekit, Inc.

1.2 "API Key" refers to the unique identifier assigned to You by Hivekit, Inc. for accessing the Services.

2. License Grant

Subject to the terms and conditions of this Agreement, Hivekit, Inc. hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for Your internal business purposes.

3. Restrictions

You shall not:

4. Intellectual Property

All rights, title, and interest, including all intellectual property rights, in and to the Services, including any updates, enhancements, modifications, or improvements, are owned by Hivekit, Inc. or its licensors. This Agreement does not grant You any rights in or to the Services, except for the limited license specified in Section 2.

Embedding the Hivekit app into third-party software, as well as any form of integration or use of the Hivekit app's functionalities within other software platforms, is strictly prohibited without the express written permission of Hivekit Inc. Users wishing to undertake such integrations must obtain prior written consent from Hivekit Inc., detailing the specific terms and conditions under which such embedding or integration is permitted. Unauthorized use or integration may result in legal action and the termination of the user's account.

5. Support and Updates

Hivekit, Inc. may, at its sole discretion, provide support, updates, or modifications for the Services. Hivekit, Inc. may also, at its sole discretion, discontinue the Services or limit or terminate Your access to the Services, without prior notice.

6. Termination

This Agreement shall remain in effect until terminated by either party. You may terminate this Agreement at any time by ceasing to use the Services and destroying all copies of the API Key. Hivekit, Inc. may terminate this Agreement at any time, for any reason, without notice. Upon termination, You shall cease using the Services and destroy all copies of the API Key.

7. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HIVEKIT, INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

8. Limitation of Liability

IN NO EVENT SHALL HIVEKIT, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, EVEN IF HIVEKIT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HIVEKIT, INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USING THE SERVICES.

9. Indemnification

You agree to indemnify, defend, and hold harmless Hivekit, Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with Your access to or use of the Services or Your breach of this Agreement.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the courts located in New Castle County, Delaware, for any disputes arising out of or relating to this Agreement or the Services.

11. Entire Agreement

This Agreement constitutes the entire agreement between You and Hivekit, Inc. concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether oral or written, with respect to the subject matter hereof.

12. Modifications

Hivekit, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, Hivekit, Inc. will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use the Services after any revisions become effective, You agree to be bound by the revised Agreement. If You do not agree to the new terms, You are no longer authorized to use the Services.

13. Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.

14. Waiver

No waiver by Hivekit, Inc. of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hivekit, Inc. to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

15. Contact Information

If You have any questions about this Agreement or the Services, please contact Hivekit, Inc. at:

Hivekit, Inc.
651 N Broad St, Suite 201
Middletown, New Castle
Delaware 19709
USA
Email: team@hivekit.io