Hyvo Terms of Service

1. 1.1Hyvo is an AI-powered social media management platform operated by Hyvo Inc. ("Hyvo", "we", "us" or "our"), a corporation registered in the State of Montana, USA, with its registered address at 127 N Higgins Ave, Ste 307D #3155, Missoula, MT 59802, USA.
2. 1.2These Terms apply to gethyvo.com, the Hyvo applications and all related products and services (together, the "Service").
3. 1.3By creating an account, accepting these Terms or using the Service, you agree to be bound by these Terms and acknowledge our Privacy Policy. If you do not agree, you must not use the Service.
4. 1.4If you accept these Terms on behalf of a company or other organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.

• "Account" means the account you register to access the Service.
• "Authorized User" means any person you invite to, or permit to use, your Account or Workspaces.
• "Connected Platform" means any third-party social network or service you connect to the Service.
• "Hyvo AI" means the artificial intelligence features of the Service, including Hyvo AI Chat, Brand Memory, the Hyvo AI Agent and automation.
• "Plan" means the Free plan or the paid subscription plan you select.
• "Workspace" means a separate environment within your Account with its own connected accounts, content and team.
• "Your Content" means all content you create, upload, connect or generate through the Service, including posts, media, prompts and AI-generated output.

1. 3.1You must be at least 18 years old and legally able to enter into a binding contract to use the Service.
2. 3.2You must provide accurate and complete registration information and keep it up to date.
3. 3.3You are responsible for keeping your login credentials confidential and for all activity under your Account and Workspaces, including activity by your Authorized Users.
4. 3.4You must ensure that your Authorized Users comply with these Terms.
5. 3.5You must notify us immediately at support@gethyvo.com of any suspected unauthorized access to or use of your Account.

1. 4.1Hyvo offers a Free plan and paid Plans. The features, limits and prices of each Plan are described at gethyvo.com/pricing.
2. 4.2Paid Plans are billed in advance, monthly or annually, in US dollars. Fees exclude taxes; applicable taxes, such as VAT or sales tax, are added where required.
3. 4.3Subscriptions renew automatically at the end of each billing period until cancelled. You may cancel at any time; cancellation takes effect at the end of the current billing period, and you keep access to paid features until then.
4. 4.4We will notify you at least 30 days before any price change applies to your subscription. If you do not accept the change, you may cancel before it takes effect.
5. 4.5If a payment fails, we may suspend paid features until the outstanding balance is settled.
6. 4.6Except as set out in our Refund Policy or required by law, fees are non-refundable. For billing questions, contact cfo-office@gethyvo.com.

1. 5.1As between you and Hyvo, you retain all ownership rights in Your Content, including AI-generated output created for you through the Service.
2. 5.2You grant Hyvo a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, format and publish Your Content solely as necessary to provide, secure and support the Service for you. This licence ends when Your Content is deleted from the Service, subject to the retention periods in our Privacy Policy.
3. 5.3You represent and warrant that you hold all rights, licences and permissions needed for Your Content, and that Your Content and its publication through the Service comply with applicable law and these Terms.
4. 5.4We are not obliged to monitor Your Content, but we may remove or disable access to any content that we reasonably believe breaches these Terms or the law.

1. 6.1Hyvo AI can write, edit and rewrite posts, and draft replies to comments and messages, on your instruction.
2. 6.2Manual mode (default): AI output is a draft only. An Authorized User must review and approve it before it is published or sent.
3. 6.3Auto mode (optional): you may authorize Hyvo AI to publish posts and send replies automatically, within the rules and approvals you configure. You can switch Auto mode off at any time.
4. 6.4You are solely responsible for all content published or sent from your Account, including content published in Auto mode.
5. 6.5AI output is generated automatically and may be inaccurate, incomplete or similar to output generated for others. You must review it for accuracy, legality and third-party rights before relying on or publishing it.
6. 6.6Hyvo AI runs on infrastructure owned and operated by Hyvo. Your Content is never used to train AI models for other customers.

1. 7.1Connected Platforms are connected only through Hyvo's verified integration partners, using each platform's official authorization.
2. 7.2Your use of each Connected Platform remains subject to that platform's own terms and policies, and you are responsible for complying with them.
3. 7.3Connected Platforms may change, restrict or discontinue their services at any time. Hyvo is not responsible for third-party outages, policy changes, account restrictions or content removals.
4. 7.4You may disconnect any Connected Platform at any time.

You must not, and must not permit any Authorized User or third party to, use the Service to:

• violate any applicable law or regulation, or any third party's intellectual property, privacy or publicity rights;
• publish spam, scams, malware, or false, misleading or deceptive content;
• harass, threaten or defame any person, or promote hatred or violence;
• share content that exploits or endangers children, which we report to the relevant authorities;
• scrape, reverse engineer, decompile, overload, or circumvent the security or usage limits of the Service;
• resell, sublicense or otherwise provide the Service to third parties, except for client work permitted under your Plan;
• build or benchmark a competing product or service.

Hyvo may remove content, suspend or terminate Accounts, and report activity to the authorities where we reasonably believe these rules have been breached.

1. 9.1We continuously develop the Service and may add, modify or remove features, and change the features and limits of the Free plan, at any time.
2. 9.2If we remove or materially reduce a core feature of a paid Plan, we will give you reasonable advance notice, and you may cancel your subscription.
3. 9.3Features identified as "beta", "preview" or "early access" are provided as is, may change or be withdrawn at any time, and may not be suitable for production use.

1. 10.1The Service, including its software, design, trademarks and brand, is owned by Hyvo Inc. and its licensors and is protected by intellectual property laws. Except for the rights expressly granted in these Terms, no rights are transferred to you.
2. 10.2Subject to these Terms and payment of applicable fees, Hyvo grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service.
3. 10.3If you provide feedback or suggestions, Hyvo may use them without restriction and without obligation to you.

1. 11.1Send notices of alleged copyright infringement under the US Digital Millennium Copyright Act (DMCA), and notices of illegal content under the EU Digital Services Act, to legal@gethyvo.com.
2. 11.2Each notice must identify the content and where it appears, explain the right or law concerned, include your contact details, and include a statement that the notice is made in good faith and is accurate.
3. 11.3Hyvo terminates the Accounts of repeat infringers.

1. 12.1You may close your Account at any time in your account settings or by contacting cfo-office@gethyvo.com.
2. 12.2Hyvo may suspend or terminate your access to all or part of the Service if you breach these Terms, fail to pay fees when due, or use the Service in a way that creates legal, security or operational risk for Hyvo, the Service or other users. Where reasonably possible, we will notify you first.
3. 12.3On termination, your right to use the Service ends. You have 30 days to export Your Content, after which it is deleted as described in our Privacy Policy.
4. 12.4Provisions that by their nature should survive termination, including those on ownership, intellectual property, disclaimers, limitation of liability, indemnity and dispute resolution, survive termination.

1. 13.1To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and non-infringement.
2. 13.2Hyvo does not warrant that the Service will be uninterrupted or error-free, or that it will produce any particular results, reach, engagement or growth from your social media activity.
3. 13.3Nothing in these Terms limits any rights you have as a consumer that cannot be limited under the laws of the EU, EEA, UK or your place of residence.

1. 14.1To the maximum extent permitted by law, Hyvo is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to these Terms or the Service.
2. 14.2Hyvo's total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the fees you paid to Hyvo in the 12 months before the claim, or (b) US$100.
3. 14.3These limits do not apply where liability cannot be limited or excluded by law, including for fraud, gross negligence, or death or personal injury caused by negligence.

1. 15.1If you use the Service for business purposes, you agree to defend, indemnify and hold harmless Hyvo and its officers, directors and employees against any third-party claims, losses, liabilities and expenses, including reasonable legal fees, arising from Your Content, your use of the Service or your breach of these Terms.

1. 16.1These Terms are governed by the laws of the State of Montana, USA, without regard to its conflict of laws rules.
2. 16.2Before starting any formal proceeding, you agree to contact us at legal@gethyvo.com and to try to resolve the dispute informally for at least 30 days.
3. 16.3United States: any dispute arising out of or relating to these Terms or the Service is resolved by binding individual arbitration administered by the American Arbitration Association. You and Hyvo each waive the right to a jury trial and to take part in a class action or class arbitration. Matters within the jurisdiction of a small-claims court are excluded.
4. 16.4Opt-out: you may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@gethyvo.com with your name, your Account email address and a clear statement that you opt out.
5. 16.5EU, EEA and UK consumers: you keep the protection of the mandatory laws of your country of residence and may bring proceedings in your local courts.
6. 16.6All other users: the state and federal courts located in Missoula County, Montana have exclusive jurisdiction, and you consent to their personal jurisdiction.

1. 17.1We may update these Terms from time to time. We will notify you of material changes by email or in the app at least 30 days before they take effect.
2. 17.2Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may cancel your subscription.

1. 18.1Entire agreement. These Terms, together with our Privacy Policy, Security, Cookie Preferences and Refund Policy, form the entire agreement between you and Hyvo regarding the Service and supersede any prior agreement on the same subject.
2. 18.2Severability. If any provision is found unenforceable, it is enforced to the maximum extent permissible and the remaining provisions stay in full effect.
3. 18.3Assignment. You may not assign or transfer these Terms without our prior written consent. Hyvo may assign them in connection with a merger, acquisition or sale of assets.
4. 18.4No waiver. A failure or delay in enforcing any provision is not a waiver of the right to enforce it later.
5. 18.5Force majeure. Hyvo is not liable for any delay or failure to perform caused by events beyond its reasonable control, including outages of Connected Platforms, internet or power failures, natural disasters and acts of government.
6. 18.6Sanctions. You may not use the Service if you are located in a country or region subject to comprehensive US sanctions, or are named on a US government restricted-party list.
7. 18.7Notices. We may send notices to the email address associated with your Account. Legal notices to Hyvo must be sent to legal@gethyvo.com.
8. 18.8Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Hyvo.

Hyvo Inc., 127 N Higgins Ave, Ste 307D #3155, Missoula, MT 59802, USA