Terms and Conditions
1. Introduction
1.1. These Terms and Conditions (the “Terms”) outline the rules and regulations for the use of the Hiveon Services accessible through the Website and provided by the Company.
1.2. The following definitions apply to these Terms:
1.2.1. “Client”, “You”, and “Your” or “User” refers to you, the person accessing the Website or using the Services personally or on behalf of a legal entity, including your employees, agents, representatives, and contractors referred to as “Authorized Users”, and accepting the Terms.
1.2.2. “Company”, “Hiveon”, “Ourselves”, “We”, “Our” and “Us” refers to Hiveon Energy AG, FL-0002.670.521-1, incorporated under the laws of Liechtenstein, legal address: Industriering 20, 9491 Ruggell.
1.2.3. “Party”, “Parties”, or “Us” refers to both the Client and Ourselves, or either the Client or Ourselves.
1.2.4. “Purpose” means the usage of the Services under these Terms and according to its description for the Client’s internal business purposes.
1.2.5. “Services” refers to all the energy services, including: (i) Energy Management; (ii) Methane2Compute; (iii) Waste heat recovery; and (iv) Stranded power provided by the Company as provided on the Website and used for monitoring, developing, supporting and managing the Client’s energy assets, products and projects.
1.2.6. “Intellectual Property Objects” means trademarks, trade names, logos, designs, symbols, videos, emblems, insignia, slogans, copyright, database rights, manuals, information, drawings, plans, products, courses and other materials whether or not registered and all other proprietary rights including inventions (whether patented or not in any jurisdiction) together with all future rights.
1.2.7. “Third Party” means any legal entity or individual except the Client and its Authorized Users.
1.2.8. “Website” refers to https://hiveon.energy/.
1.2.9. Any use of the above definitions or other words in the singular, plural, capitalization are taken as interchangeable and therefore as referring to the same.
1.3. Please read these Terms carefully before accessing the Website and using the Services described herein. By doing so, you acknowledge that you have read these Terms, as amended from time to time, and you agree to be bound by them. If you do not agree with these Terms, or any subsequent amendments, changes or updates, do not access the Website and use the Services.
2. Eligibility
2.1. By accessing the Website and using the Services, you represent and warrant that you:
2.1.1. are at least 18 years and have the capacity to form a binding contract;
2.1.2. have not previously been suspended or removed from the Services;
2.1.3. have full power and authority to enter into these Terms and, in doing so, will not violate any other agreement to which you are a party;
2.1.4. are not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us, through your use of the Services;
2.1.5. will not use the Services if any applicable laws in your country prohibit you from doing so under these Terms.
2.1.6. are not a resident of one of the following sanctioned countries: North Korea, Iran, Russia, Belarus.
2.2. We may terminate your access to the Website and/or Services for any breach of the Terms at our sole and absolute discretion.
2.3. Depending on your country of residence, incorporation, or registered office, you may not be able to use all the functions of the Services. You are responsible for following the rules and laws in your country of residence and/or country from which you use the Services.
2.4. The rights and obligations of these Terms shall inure to the benefit of and be binding upon the Parties hereto, their successors and permitted assigns.
3. Restrictions
3.1. While accessing the Website and using the Services, you warrant and agree that you:
3.1.1. will not use the Services for any purpose that is unlawful or prohibited by these Terms;
3.1.2. will not violate any law, contract, intellectual property or other third-party right or commit a tort;
3.1.3. are solely responsible for your conduct while accessing the Website and using the Services;
3.1.4. will not access the Services in any manner that could damage, disable, overburden, or impair the provision of the Services or interfere with any other party`s use of the Services.
3.1.5. will not gain or provide any unauthorized access to the Services, our systems, any restricted areas of the Website.
3.2. Harassment in any manner or form while accessing the Website and using the Services, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hiveon Team or other licensed employee, admin, or representative, as well as other members or visitors of the Website is prohibited.
3.3. You may not upload to, distribute, or otherwise publish through the use of the Services any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law.
4. Intellectual Property
4.1. The User undertakes that all the Intellectual Property Objects in connection with the provision of the Services by the Company are assigned to the Company.
4.2. The Company shall continue to own all rights, titles and interests in and to the Services, Website and all Intellectual Property Objects in connection with the provision of the Services.
4.3. The Company authorizes the User to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our permission. Any third-party trademarks, service marks, and logos are the property of their respective owners. Any further rights not expressly granted herein are reserved.
4.4. Except for the rights granted under these Terms, no other rights in or to the Services, Website or Intellectual Property Objects, express or implied, are granted to the User. Without limiting the foregoing, except to the extent expressly authorized by these Terms or the Company, the User may not:
4.4.1. transfer to any person or entity any of its rights to use the Services;
4.4.2. permit Third Parties to use or access the Services without obtaining the Company’s consent;
4.4.3. use the Services other than for the Purpose;
4.4.4. modify or create any derivative works based upon the Services;
4.4.5. copy any feature, design or graphic in the Services or Intellectual Property Objects;
4.4.6. reverse engineer, decompile, disassemble or attempt to derive the source code or architecture of the Services, except to the extent such activities cannot be restricted under applicable law;
4.4.7. use or access the Website and Services to build a competitive solution or to assist someone else in building a competitive solution.
4.5. The User agrees to promptly notify the Company if it obtains information about any unauthorized possession or use of the Services and further agrees to cooperate with the Company in protecting the Company’s rights.
5. Third-Party Content
5.1. The Website may include links to third-party websites and/or services. These links are only provided for your convenience. The inclusion of any link is not, and does not imply, an association, sponsorship, endorsement, approval, investigation, control, verification, or monitoring of any content provided on any third-party site by the Company.
5.2. In no event shall the Company be liable for any third-party site’s information or your use or failure to utilize such site. You should also be aware that the terms and conditions and privacy policies of each third-party site, will differ from those that apply to your use of the Website and the Services. For details on the applicable third-party site’s terms and conditions and/or privacy policy, you should contact the operator of that site.
6. Confidentiality
6.1. Each Party hereby agrees not to disclose any confidential information except otherwise permitted by the other Party.
6.2. The receiving Party shall protect the confidential information disclosed by the other Party in the same manner as the confidentiality of its own confidential information.
6.3. The obligations under this Section shall continue to apply beyond the termination of these Terms.
6.4. For the avoidance of doubt, confidential information means any information, including information, technical data or know-how relating to discoveries, ideas, inventions, concepts, Services, equipment, designs, drawings, specifications, techniques, processes, systems, models, data, source code, object code, documentation, diagrams, flow charts, research, development, business plans or opportunities, products, projects or products under consideration, procedures, and information related to finances, costs, prices, suppliers, vendors, customers and employees, which is disclosed by the disclosing Party in connection with these Terms, directly or indirectly, in writing, orally or by drawings or inspection of equipment or Services, to the receiving Party.
7. User Agreement
7.1. The volume and detailed characteristics of the Services are subject to individual determination by the Parties upon concluding a separate agreement in writing. The User is obliged to promptly provide the Company with all the required information as may be necessary for the performance of the Services by the Company.
7.2. The User acknowledges that the Services provided by the Company on a paid basis. The conditions of payments in relation to the Services shall be established between the Parties upon concluding a separate agreement in writing.
7.3. Any other agreement concluded between the Parties in relation of the Services shall be the part of these Terms. If any other agreement concluded between the Parties in relation to the Services contains other provisions than in these Terms, such other provisions shall prevail.
7.4. The User shall devote its best efforts while accessing the Website and using the Services to protect the Website, the Services, and any related pertinent documentation and Intellectual Property Objects against any unauthorized disclosure, unlawful use, or copying.
8. Data Collection and Privacy
8.1. The Company may collect information about the User, the User’s actions in connection with the Website, the Services and results of using the Services.
8.2. The Company receives this information and may use it to improve the Services, provide better Services and share the data with Third Parties, including the name and particulars of the User.
8.3. Please refer to our Privacy Policy for information about how we collect, use and share your data, cookies and what options you have regarding your personal information.
9. Disclaimer
9.1. You expressly understand and agree that:
9.1.1. The Company provides the Services on an “as is” basis and makes no other warranties related to the Services, whether express, implied or statutory, and you accept this. The Company specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement regarding the Services.
9.1.2. The Company does not warrant that the Services will meet the User requirements or that operation of the Services will be uninterrupted, timely, secure, or error-free, or that the results obtained from the use of the Services will be effective, accurate, or reliable, or that any errors or defects in the Services will be corrected.
9.1.3. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your hardware and computer systems or loss of data that results from the download of any such material.
9.1.4. No advice or information, whether oral or written, obtained by you from the Company or through or from the Services shall create any warranty not expressly stated in the Terms.
9.1.5. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any Third Party for any modification, suspension or discontinuance of the Services.
10. Limitation of Liability
10.1. Notwithstanding anything in these Terms to the contrary, the Company and any of its subsidiaries and affiliates, as well as its founders and participants, managers and directors, employees and contractors, officers and agents shall not be liable to the User for direct, special, indirect, consequential, punitive or exemplary damages suffered by the User resulting from or arising out of these Terms or the breach thereof or under any other theory of liability, whether tort, negligence, strict liability, breach of contract, warranty, indemnity or otherwise, including loss of use, increased cost of operations, loss of profit or revenue, or business interruptions.
10.2. The User agrees to indemnify and hold harmless the Company, its subsidiaries and affiliates, as well as its founders and participants, managers and directors, employees and contractors, officers and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to:
10.2.1. the usage of the Services;
10.2.2. any permanent or temporary cessation of such Services;
10.2.3. statements or conduct of any Third Party on the Services;
10.2.4. unauthorized access to or alteration of your transmissions or data in relation to the Services;
10.2.5. the failure to store any content or information in relation to the Services;
10.2.6. the deletion or corruption of any content or information in relation to the Services;
10.2.7. the User’s breach or our enforcement of these Terms;
10.2.8. the User’s violation of any applicable law, regulation, or rights of any Third Party during the use of the Services.
10.2.9. any other matter relating to the Services.
10.3. To the extent granted by law, if the User has any legal basis for recovering damages, the User can recover from the Company only direct damages up to the amount paid for the Services. The User will not, and waive any right to, seek to recover any other damages from the Company, including lost profits and consequential, special, direct, indirect, or incidental damages. This applies even if:
10.3.1. this remedy doesn’t fully compensate the User for any losses; or
10.3.2. the Company knew or should have known about the possibility of the damages.
10.4. If the User is obligated to indemnify the Company pursuant to these Terms, the Company will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Company wishes to settle, and if so, on what terms.
11. Force Majeure
11.1. Parties are not responsible for the partial or complete failure of obligations under these Terms if such failure was caused by force majeure arising from extraordinary events.
11.2. Such extraordinary circumstances include flood, fire, earthquake, or other natural phenomena, as well as war, hostilities, acts or actions of government agencies, etc., and any other acts beyond the reasonable control of the Parties.
11.3. The Party under force majeure shall promptly notify the other Party regarding such circumstances by giving notice to the other Party.
12. Communication and Support
12.1. The notices in connection with these Terms shall be delivered via electronic means.
12.2. In case of necessity to send a notice to us, you may contact us at: [email protected]
12.3. All complaints and/or concerns of any nature from external parties can be addressed to the email: [email protected]
13. Choice of Law
13.1. The law of Liechtenstein is applied to these Terms
13.2. All disputes and disagreements arising between the Parties in connection with these Terms shall be settled by negotiations.
13.3. The Parties agree that if any dispute, disagreement or claim in connection with these Terms, their validity or violation of their provisions cannot be settled by the Parties within 30 (thirty) calendar days, then the resolution of such dispute, disagreement or claim will be attributed to the competent courts of Liechtenstein.
14. Modification
14.1. If for any reason any provision of these Terms, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall continue in full force and effect
14.2. The Company reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to the Terms become effective on the date they are posted, and your continued use of the Services after any changes to the Terms will signify your agreement to be bound by them.
Effective Date:
This page informs you of how Hiveon Energy AG, including its subsidiaries, directors, officers, employees, agents, consultants, advisors or other lawful representatives, (“we”, “our”, “Hiveon”, ‘us”) collects, uses, and discloses personal data when you use our Services and the choices you have associated with this data.
We use your data to provide and improve the Services.
By using the Services, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Services to you.
Types of Data Collected
Personal Data
While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address, if provided by you
- Username, name, surname, if the account is created by you
- Mobile number, residence address, other identification information as may be asked by us and provided by you
- Cookies and Service Data
Service Data
While using our Services, we may ask you or you may be required to provide us with certain service data (“Service Data”), such as:
- Payments and transactions. We keep reasonable business records of charges, payments, and billing details and issues.
- Settings and configurations. We record your configuration and settings, including resource identifiers and attributes. This includes service and security settings for data and other resources.
- Technical and operational details. We collect information about usage, operational status, software errors and crash reports, authentication credentials, quality and performance metrics, and other technical details necessary for us to provide the Services. This information may include IP addresses, device identifiers, identifiers from cookies or tokens, browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
- Your direct communications. We keep records of your communications and interactions with us and our partners, for example, when you provide feedback or contact information, ask questions or seek technical support.
Tracking and Cookies Data
We use cookies and similar tracking technologies to track the activity on our Services and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Services.
- Analytics Cookies. We use analytics cookies to improve the quality of our Services.
You can manage and delete cookies:
- Removing cookies from your device. You can remove all cookies that are already on your device by clearing the browsing history of your browser. This will remove all cookies from all websites that you have visited. Please note that you may also lose some saved information (e.g. saved login details, website preferences).
- Managing website-specific cookies. For more detailed control over website-specific cookies, check the privacy and cookie settings in your preferred browser.
- Blocking cookies. You can set most modern browsers to prevent any cookies being placed on your device, but in this case may then have to manually adjust some preferences every time you visit a website or a page. Due to this, some functions may not work properly.
Purpose Of Collection Of Personal Data
Hiveon uses the collected Personal data for various purposes:
- To provide and maintain the Services
- To notify you about changes to our Services
- To allow you to participate in interactive features of our Services when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the Services
- To monitor the usage of the Services
- To detect, prevent and address technical issues
- To comply with legal obligations
We may also collect Personal data for other purposes if you grant your consent to us.
To achieve these purposes, we may use Personal Data together with information we collect from other your other services and websites. We may use algorithms to recognize patterns in Personal Data. Manual collection and review of Personal Data may also occur, such as when you interact directly with us. We may aggregate and anonymize Personal Data to eliminate personal details, and we may use Personal Data for internal reporting and analysis of applicable product and business operations.
Transfer Of Data
Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Hiveon will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure Of Data
Hiveon may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Hiveon
- To prevent or investigate possible wrongdoing in connection with the Services
- To protect the personal safety of users of the Services or the public
- To protect against legal liability
Deletion Of Data
We retain Personal Data for different periods of time depending on what it is, how we use it, and how you configure your settings.
For each type of data and operation, we set retention timeframes based on the purpose for its collection, and ensure it is kept for no longer than necessary.
Sometimes we need to retain certain information for an extended period of time for legitimate business or legal purposes. For example, when we you make a payment to us, we will retain data about those transaction as required for tax or accounting purposes.
Other legitimate business or legal purposes that may require us to retain data include security, fraud and abuse prevention, ensuring continuity of our Services, and complying with legal or regulatory requirements.
When we delete data, we follow detailed steps to make sure that the data is securely and completely removed from our active systems or retained only in anonymized form.
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We regularly review our information collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to our systems.
We restrict access to personal information to our employees, contractors, agents and other persons who need that information in order to enable us to provide the Services. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Links To Other Sites
Our Services may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party`s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Your Rights
If European Union (EU), UK or Swiss data protection law applies to the processing of information about you, you have certain rights, including the rights to access, correct, delete and export your information, as well as to object to or request that we restrict processing of your information.
If The California Consumer Privacy Act (CCPA) applies to you, you also have certain rights, including the right to request information about how we collect, use, and disclose your personal information, and it gives you the right to access your information and request that we delete that information. Finally, the CCPA provides the right to not be discriminated against for exercising your privacy rights.
We provide the information and tools described in this Privacy Policy so you can exercise these rights.
When you exercise your rights under this Privacy Policy, we may ask you to validate your identity in order to proceed with any request.
If you want to exercise your data protection rights with regard to information we process in accordance with this Privacy Policy, you may contact us through [email protected]. And you can contact your local data protection authority if you have concerns regarding your rights under local law.
Children`s Privacy
Our Services does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Services, prior to the change becoming effective and update the “Effective Date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Dispute Resolution And Applicable Law
This Privacy Policy is construed in accordance with the legislation of Liechtenstein. All disputes arising from this Privacy Policy shall be settled by negotiations.
If any dispute in connection with this Privacy Policy cannot be settled by the Parties within 30 (thirty) calendar days, then the resolution of such dispute will be attributed to the competent courts of Liechtenstein.
Contact Information
If you have any questions about this Privacy Policy, please contact us: [email protected]