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Terms of service

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Who these terms apply to

Hives.co is provided by Hivesco Innovation Software AB, Drottninggatan 61, 111 21 Stockholm, Sweden (“Hives”). Hives sells the service to organisations, not to individuals. Every customer signs a Commercial Agreement (an order or a quote) that sets out the plan, the number of users, the fees and the start date. The Subscription Agreement below and the Personal Data Processing Terms form part of that agreement.

If you use Hives.co because your employer or another organisation invited you, that organisation is our customer. It decides who gets access and what happens to the ideas in its workspace, and our agreement with it covers your use. How we handle personal data is described in our privacy notice.

Hives in Google Workspace and Microsoft Teams

The Hives apps for Google Workspace (the Google Chat add-on and Hives in the Google apps menu) and the Hives app for Microsoft Teams are part of the Service as defined below, and these terms apply to them in the same way. They work only for people who belong to a customer’s Hives.co workspace. Google’s and Microsoft’s own terms apply to their products; installing a Hives app does not change them.

The version below is the one we sign with new customers. If your organisation signed a different version, the signed version applies.

1. Definitions

1.1 In this Subscription Agreement, capitalised terms have the meanings set out below. Terms defined elsewhere in the Agreement have the same meaning here.

  • “Agreement” means the Commercial Agreement together with this Subscription Agreement, the Personal Data Processing Terms (Appendix 2) and any other document the Parties have expressly agreed in writing shall form part of the Agreement.
  • “Annual Fee” means the total subscription fees paid or payable by the Customer for the twelve (12) months immediately preceding the event giving rise to a claim or, where the Agreement has been in force for less than twelve (12) months, twelve (12) times the average monthly fee paid.
  • “Authorized Representative” means a natural or legal person to whom the Customer has granted rights to administer Customer Data on behalf of the Customer.
  • “Beta Feature” means any feature or functionality of the Service that Hives designates as beta, pilot, preview, early access or similar.
  • “Business Day” means Monday to Friday, excluding Swedish public holidays.
  • “Commercial Agreement” means the signed order, quote or agreement specifying the subscription plan, the number of Users, the fees, the Initial Term and the start date.
  • “Customer Data” means all data, content and information entered into or stored on the Service by or on behalf of the Customer, including by its Authorized Representatives and Users.
  • “Key” means login credentials, security protocols or other information provided by Hives that enables the Customer and its Users to access the Service.
  • “Personal Data Processing Terms” means the data processing agreement attached to the Agreement as Appendix 2.
  • “Service” means the Hives idea management software platform, including the Ida AI assistant and any updates and new versions, as made available by Hives from time to time.
  • “Subscription” means the Customer’s right to access and use the Service in accordance with the Agreement.
  • “Subscription Period” means the Initial Term and each Renewal Term, as set out in section 6.
  • “User” means an individual to whom the Customer has granted access to the Service by means of a personal user account.

2. The Service and scope of the Agreement

2.1 The Service is an idea management software built to help organisations engage their employees in business and workplace improvement.

2.2 The Agreement sets out the terms under which Hives provides the Service and the terms for the Customer’s Subscription and use of the Service.

2.3 In the event of conflict between the documents forming the Agreement, the following order of precedence applies:

  • (i) the Personal Data Processing Terms, in respect of the processing of personal data;
  • (ii) the Commercial Agreement;
  • (iii) this Subscription Agreement; and
  • (iv) any other document forming part of the Agreement.

3. Subscription

3.1 Hives provides the Service together with maintenance and support on a subscription basis, as set out in the Agreement.

3.2 Access to the Service is granted for the Subscription Period, subject to payment of the fees specified in the Commercial Agreement.

3.3 The Subscription is valid for the number of Users specified in the Commercial Agreement. Each User shall have a personal account. The Customer may not allow several individuals to share one Key. Keys with different permission levels may be issued for different functions of the Service.

3.4 The Customer may increase the number of Users at any time. Any resulting higher fee takes effect from the first day of the following month and, for annual subscriptions, is invoiced pro rata for the remainder of the current Subscription Period.

3.5 The Customer may decrease the number of Users by written notice. For monthly subscriptions, a resulting lower fee takes effect from the following month. For annual subscriptions, a decrease takes effect from the start of the next Renewal Term.

3.6 Modifications to Customer Data or its structure that are requested by the Customer and require work by Hives may be subject to additional fees, agreed in writing in advance.

3.7 Hives may perform maintenance on the Service, which may result in the Service being temporarily unavailable. Hives shall give the Customer at least five (5) Business Days’ notice of planned maintenance expected to cause downtime, shall where reasonably possible schedule such maintenance outside 08.00–18.00 CET on Business Days, and shall take reasonable measures to minimise downtime. Emergency maintenance required to protect the security or integrity of the Service may be performed without prior notice, in which case Hives shall inform the Customer as soon as practicable.

3.8 Hives continuously develops the Service and may modify it in accordance with section 8.

4. Hives’ obligations

4.1 Hives shall, for the Subscription Period and in accordance with the Agreement, make the Service available to the Customer.

4.2 Hives shall perform its services with the skill and care that can reasonably be expected of a professional supplier in the same field of business.

4.3 Hives shall, at its own expense, update and upgrade the Service as Hives deems necessary, provided that Hives shall not materially reduce the overall functionality of the Service during the Subscription Period other than as permitted by section 8.

4.4 Hives shall keep the Service available to the Customer and its Authorized Representatives so that they can administer, export, alter and erase Customer Data, subject to sections 3.7 and 9.

4.5 Hives shall maintain appropriate technical and organisational security measures, including regular backups of Customer Data, as further described in the Personal Data Processing Terms.

4.6 Hives may engage subcontractors to perform its obligations under the Agreement. Hives is responsible for its subcontractors to the same extent as for its own performance. Subcontractors that process personal data are governed by the Personal Data Processing Terms.

5. Customer’s obligations

5.1 The Customer undertakes to:

  • (i) ensure that Customer Data does not contain viruses or malicious code and does not otherwise adversely affect the Service or Hives’ systems;
  • (ii) provide reasonable information and documentation regarding its use of the Service upon Hives’ specific request;
  • (iii) provide Hives with reasonable assistance and take such measures as can reasonably be requested in order for Hives to fulfil its obligations under the Agreement; and
  • (iv) inform its Users of the terms of the Agreement that apply to their use of the Service and ensure that Users comply with them.

5.2 The Customer is responsible for its Users’ and Authorized Representatives’ use of the Service as for its own, and for protecting its own devices, systems and networks from unauthorised use, viruses, spyware and other malware.

5.3 The Customer shall not, and shall ensure that its Users do not:

  • (i) change, modify, adapt or alter the Service, or interfere with or disrupt the Service or the servers or networks connected to it, including by transmitting worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
  • (ii) inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a browser or on a device;
  • (iii) use the Service for any illegal or unauthorised purpose, or in breach of laws, rules and regulations applicable to the Customer, its use of the Service or Customer Data; or
  • (iv) attempt to gain unauthorised access to the Service, to other customers’ data or to Hives’ systems, or test the vulnerability of the Service without Hives’ prior written consent.

5.4 The Customer is solely responsible for Customer Data and for holding the rights necessary to enter it into the Service.

5.5 Each Key made available under the Agreement shall be kept confidential in accordance with section 14 and may only be disclosed to the User to whom it is issued. The Customer shall immediately notify Hives if anyone has gained, or is believed to have gained, unauthorised access to a Key.

5.6 The Customer may engage consultants or subcontractors to perform its duties under the Agreement and is responsible for them to the same extent as for its own performance.

5.7 Hives may suspend access to the Service, or to individual User accounts, with immediate effect and to the extent necessary, if such use poses a material security risk to the Service or to other customers, or constitutes a material breach of section 5.3. Hives shall notify the Customer without undue delay and restore access once the risk or breach has been remedied.

6. Term, start-up and termination for convenience

6.1 The Agreement enters into force when signed by both Parties and runs for the initial term specified in the Commercial Agreement (the “Initial Term”). Where no initial term is specified, the Initial Term is twelve (12) months for annual subscriptions and one (1) month for monthly subscriptions, in each case from the agreed start date.

6.2 Annual subscriptions renew automatically for successive periods of twelve (12) months (each a “Renewal Term”) unless either Party gives written notice of termination at least three (3) months before the end of the current Subscription Period.

6.3 Monthly subscriptions renew automatically for successive periods of one (1) month (each a “Renewal Term”) unless either Party gives written notice of termination at least one (1) month before the end of the current Subscription Period.

6.4 Termination under this section 6 takes effect at the end of the current Subscription Period. Fees paid for the current Subscription Period are not refunded.

6.5 The Customer acknowledges that Hives needs a reasonable period to implement the Service before the Customer can put it into use. The Customer shall provide the information and reasonable assistance required for implementation.

6.6 Hives shall grant the Customer access to the Service on the agreed start date by supplying Keys for the number of Users specified in the Commercial Agreement. Hives is not liable for delays in start-up caused by the Customer or by circumstances outside Hives’ reasonable control.

7. Fees and terms of payment

7.1 The Customer shall pay the fees set out in the Commercial Agreement. Monthly subscriptions are invoiced monthly in advance for the coming month. Annual subscriptions are invoiced annually in advance for the coming twelve (12) months.

7.2 Invoices are payable within thirty (30) days of the invoice date unless otherwise agreed in writing. All fees are quoted exclusive of VAT.

7.3 If payment is late, Hives may charge interest in accordance with section 6 of the Swedish Interest Act (1975:635) together with statutory late payment compensation.

7.4 If payment is more than thirty (30) days late following a written reminder from Hives, Hives may at its sole discretion:

  • (i) suspend the Service and deny access until all outstanding amounts, including interest, have been paid in full; or
  • (ii) terminate the Agreement with immediate effect by written notice and claim compensation for any damage caused by the Customer’s delay, subject to section 13.

7.5 Hives may adjust the fees once per year with effect from the start of a Renewal Term, by giving the Customer at least sixty (60) days’ written notice before the end of the current Subscription Period. Any such adjustment shall not exceed the greater of (i) five per cent (5%) and (ii) the change in the Swedish Consumer Price Index (KPI) over the preceding twelve (12) months. An adjusted fee applies for the whole of the following Renewal Term.

8. Modifications, Beta Features and end-of-life

8.1 Hives may modify the Service at any time, including by adding, changing or removing features. Hives shall give at least thirty (30) days’ notice of any modification that materially reduces functionality the Customer is using, unless the modification is required for security or legal compliance.

8.2 If a modification materially reduces the functionality of the Service to the Customer’s detriment, the Customer may terminate the Agreement by written notice within thirty (30) days after the modification takes effect or, where no prior notice was given, within thirty (30) days after the Customer was informed of the modification. Hives shall then refund any prepaid fees for the period after termination pro rata.

8.3 Beta Features are provided as available for evaluation purposes, may be changed or withdrawn at any time and are excluded from section 9. Hives shall use reasonable efforts to notify the Customer before withdrawing a Beta Feature the Customer is actively using. Hives’ liability in respect of Beta Features is limited to gross negligence and wilful misconduct.

8.4 Hives may discontinue the Service as a whole by giving the Customer at least six (6) months’ written notice. The Agreement terminates on the date stated in the notice, and Hives shall refund any prepaid fees for the period after termination pro rata.

9. Availability and support

9.1 Hives shall make the Service available at least 99.5% of the time in each calendar month, measured around the clock (the “Availability Target”). The following is not counted as downtime when calculating availability:

  • (i) planned maintenance announced in accordance with section 3.7;
  • (ii) unavailability caused by the Customer, its Users or circumstances for which the Customer is responsible;
  • (iii) interruptions in communication services or other infrastructure outside Hives’ control;
  • (iv) Force Majeure in accordance with section 15, or external attacks that Hives could not reasonably have foreseen or avoided; and
  • (v) suspension in accordance with section 5.7 or 7.4.

9.2 If availability in a calendar month falls below the Availability Target, the Customer is entitled to a service credit equal to the pro rata share of the fee for that month (for annual subscriptions, one twelfth of the annual fee) corresponding to the hours of downtime below the Availability Target. The credit may not exceed the fee for the month concerned and is applied against the next invoice.

9.3 Service credits must be claimed in writing within thirty (30) days after the end of the month concerned, stating the periods of unavailability. Hives’ availability measurements are decisive unless the Customer demonstrates otherwise.

9.4 If availability falls below the Availability Target in three (3) consecutive calendar months, or below 95% in any calendar month, this constitutes a material breach and the Customer may terminate the Agreement in accordance with section 16.1, with a pro rata refund of prepaid fees for the period after termination.

9.5 Hives provides support to the Customer’s Authorized Representatives by email and in-app chat on Business Days between 09.00 and 17.00 CET. Hives shall respond to support requests within one (1) Business Day and shall begin working on errors that render the Service unusable without undue delay.

9.6 Service credits and the termination right in section 9.4 constitute the Customer’s sole remedies for unavailability of the Service.

10. Intellectual property and licence

10.1 Hives, or its licensors, own all rights, including intellectual property rights, in and to the Service and the software, documentation and materials used to provide it (“Hives Rights”). Nothing in the Agreement transfers any Hives Rights, or part thereof, to the Customer.

10.2 Subject to the Agreement, Hives grants the Customer a non-exclusive, non-transferable right, without the right to sublicense, to access and use the Service for the Customer’s internal business purposes during the Subscription Period, through the number of Users subscribed for.

10.3 The Customer shall not reproduce, modify, adapt, translate or prepare derivative works of the Service, nor distribute, sell, rent, license or otherwise exploit the Service, nor reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent permitted by mandatory law. The Hives name and logo are trademarks of Hives and may not be used without Hives’ prior written consent.

10.4 Hives shall indemnify the Customer against damages and costs that the Customer is finally ordered to pay, or pays under a settlement approved in writing by Hives, as a result of a third-party claim that the Customer’s use of the Service in accordance with the Agreement infringes that third party’s intellectual property rights valid in the European Economic Area, provided that the Customer:

  • (i) notifies Hives in writing without undue delay after becoming aware of the claim;
  • (ii) gives Hives sole control of the defence and settlement of the claim; and
  • (iii) provides reasonable assistance at Hives’ expense.

10.5 If a claim under section 10.4 is made or, in Hives’ reasonable opinion, is likely to be made, Hives may at its own discretion:

  • (i) procure for the Customer a continued right to use the Service;
  • (ii) modify the Service so that it no longer infringes;
  • (iii) replace the Service or the affected part with an equivalent service that does not infringe; or
  • (iv) if none of the foregoing is reasonably achievable, terminate the Agreement and refund prepaid fees for the period after termination pro rata.

10.6 Hives has no obligation under sections 10.4 and 10.5 to the extent a claim results from Customer Data, from the Customer’s use of the Service in breach of the Agreement, or from the combination of the Service with products or services not provided by Hives.

10.7 Hives’ total liability under sections 10.4 and 10.5 shall not exceed two (2) times the Annual Fee. Sections 10.4 to 10.7 constitute Hives’ sole and entire liability towards the Customer for infringement of third-party intellectual property rights.

11. Customer Data and AI features

11.1 The Customer owns all rights in Customer Data. The Customer grants Hives a non-exclusive right to host, copy, process, transmit and display Customer Data solely to the extent necessary to provide the Service, support and related services to the Customer in accordance with the Agreement, and to comply with applicable law.

11.2 The Service includes AI-based features, including the Ida assistant, that process Customer Data to generate summaries, suggestions and other output for the Customer. Hives and its subcontractors shall not use Customer Data, or output generated from it, to train, retrain, fine-tune or otherwise improve any machine learning or AI model. Customer Data submitted to AI features is processed solely to deliver the Service to the Customer.

11.3 AI-generated output may be inaccurate or incomplete. The Customer is responsible for reviewing such output before relying on it. Subcontractors used for AI features are listed in the Personal Data Processing Terms.

11.4 Hives may compile and use statistics on the use of the Service, such as feature usage and performance metrics, that do not contain Customer Data and do not identify the Customer or any individual, for the purpose of operating and improving the Service.

12. Data protection

12.1 Hives processes personal data on behalf of the Customer when providing the Service. The Parties shall process such personal data in accordance with applicable data protection legislation and the Personal Data Processing Terms attached to the Agreement as Appendix 2.

13. Limitation of liability

13.1 Neither Party is liable for indirect or consequential loss, including loss of business, loss of profit, loss of anticipated savings, loss of goodwill or liability towards third parties, except as set out in section 13.4.

13.2 Hives is not liable for loss or corruption of Customer Data, except where caused by Hives’ failure to maintain the backup routines described in section 4.5 and the Personal Data Processing Terms. In such case Hives’ liability is limited to the reasonable cost of restoring the Customer Data from the most recent backup and is subject to section 13.3.

13.3 Each Party’s total cumulative liability under or in connection with the Agreement in any twelve (12) month period shall not exceed fifty per cent (50%) of the Annual Fee.

13.4 The limitations and exclusions in sections 13.1 to 13.3 do not apply to:

  • (i) the Customer’s obligation to pay fees due under the Agreement;
  • (ii) either Party’s breach of section 14 (Confidentiality);
  • (iii) the Customer’s infringement of Hives Rights or use of the Service in breach of section 5.3 or 10.3;
  • (iv) Hives’ liability under section 10.4, which is instead subject to the cap in section 10.7; or
  • (v) liability that cannot be limited under mandatory law, including liability for gross negligence or wilful misconduct.

13.5 Liability arising under the Personal Data Processing Terms is governed by this section 13 unless the Personal Data Processing Terms provide otherwise.

13.6 A Party may only claim compensation if it has given the other Party written notice of the claim within ninety (90) days from the date on which it became aware, or should reasonably have become aware, of the circumstances giving rise to the claim.

14. Confidentiality

14.1 “Confidential Information” means all information that a Party has expressly identified as confidential, as well as all other information regarding a Party’s business, financial, commercial and technical matters, research and development, trade secrets, know-how, personnel, subcontractors and clients, and any other information that can reasonably be expected to be confidential. Customer Data is the Customer’s Confidential Information whether or not marked as such.

14.2 Each Party shall keep secret and not disclose to any third party Confidential Information received from the other Party in connection with the Agreement and its performance, regardless of the form or medium in which the information was received.

14.3 Each Party shall use Confidential Information only to the extent necessary to perform its obligations or exercise its rights under the Agreement, and never for its own or any third party’s other benefit.

14.4 Each Party may disclose Confidential Information only to such employees, subcontractors and advisers as need access to it in order for that Party to perform under the Agreement and who are bound by confidentiality obligations no less protective than those in this section 14. Each Party is responsible for such persons’ compliance.

14.5 This section 14 does not apply to information that:

  • (i) was known to the receiving Party when it was disclosed, without any obligation of confidentiality;
  • (ii) is or becomes public other than through a breach of confidentiality by the receiving Party;
  • (iii) was received from a third party that is not bound by confidentiality obligations towards the disclosing Party;
  • (iv) was independently developed by the receiving Party without use of the Confidential Information; or
  • (v) the receiving Party is required to disclose by court order, competent authority or law, provided that the receiving Party, where legally permitted, notifies the disclosing Party in advance and limits disclosure to what is required.

14.6 This section 14 remains in force for as long as the Agreement is in force and for five (5) years thereafter. For trade secrets and Customer Data, it remains in force for as long as the information remains confidential.

15. Force majeure

15.1 Neither Party is liable for late, inadequate or omitted performance under the Agreement to the extent and for as long as such performance is prevented by circumstances beyond that Party’s reasonable control which it could not reasonably have foreseen or avoided (“Force Majeure”), including general strikes and other labour or industrial disputes, fire, explosion, flooding, earthquake, epidemic, war, terrorism, government measures, new or changed legislation, riots, sabotage, failure of public electricity or communication networks, and adverse weather conditions. Performance so suspended shall be resumed as soon as can reasonably be expected.

15.2 A Party invoking Force Majeure shall notify the other Party without undue delay. If Force Majeure prevents a Party from performing a material obligation for more than ninety (90) consecutive days, either Party may terminate the Agreement by written notice, and Hives shall refund any prepaid fees for the period after termination pro rata.

16. Termination for cause

16.1 Either Party may terminate the Agreement with immediate effect by written notice if:

  • (i) the other Party is in material breach of the Agreement and fails to remedy the breach within thirty (30) days after receiving written notice requiring remedy; or
  • (ii) the other Party is declared bankrupt, enters into liquidation, undergoes company reorganisation or debt restructuring, suspends its payments or otherwise can reasonably be deemed insolvent.

16.2 If the Customer terminates the Agreement under section 16.1, Hives shall refund any prepaid fees for the period after termination pro rata.

16.3 If Hives terminates the Agreement under section 16.1 or section 7.4, fees for the current Subscription Period remain payable and are not refunded, and the Customer shall reimburse Hives for documented costs, damages and losses caused by the breach, subject to section 13.

17. Effects of termination and data export

17.1 Upon termination of the Agreement for any reason, the Customer’s right to use the Service ends, except as set out in section 17.2.

17.2 For sixty (60) days after termination (the “Export Period”), Hives shall make Customer Data available for export by the Customer’s Authorized Representatives, free of charge, in a commonly used machine-readable format such as CSV or Excel. During the Export Period the Service is available in read-only mode for this purpose only.

17.3 At the Customer’s request, Hives shall assist with migration of Customer Data to the Customer or to a third-party supplier designated by the Customer beyond the self-service export, at Hives’ then current price list.

17.4 Within thirty (30) days after the end of the Export Period, Hives shall delete all Customer Data, including copies in backups as they fall out of the backup rotation cycle, unless retention is required by law. Deletion of personal data is governed by the Personal Data Processing Terms. Hives shall confirm deletion in writing on request.

17.5 Sections 10, 13, 14, 17, 19 and 20 survive termination of the Agreement.

18. Notices

18.1 Notices under the Agreement shall be in writing, in English or Swedish, and sent to the contact persons and addresses stated in the Commercial Agreement or as later notified in accordance with this section 18.

18.2 A notice is deemed received:

  • (i) when handed over to the recipient, if delivered by courier;
  • (ii) four (4) Business Days after posting, if sent by registered mail; or
  • (iii) on the day of sending, if sent by email before 17.00 CET on a Business Day, and otherwise on the next Business Day, provided that no delivery failure notification is received. Notices of termination or breach sent by email shall be sent to the email address designated for legal notices in the Commercial Agreement.

18.3 Each Party shall notify the other of changes to its contact details without undue delay.

19. Miscellaneous

19.1 The Agreement constitutes the entire understanding between the Parties with respect to its subject matter and supersedes all prior agreements, warranties and undertakings, oral or written.

19.2 Amendments to the Agreement must be made in writing and signed by both Parties, except where the Agreement expressly permits Hives to make changes unilaterally.

19.3 Neither Party may transfer the Agreement without the prior written consent of the other Party, except that Hives may:

  • (i) transfer the Agreement to a third party in connection with a transfer of all or part of Hives’ business; and
  • (ii) transfer the right to receive payment under the Agreement.

19.4 If any provision of the Agreement is held invalid or unenforceable, the remaining provisions remain in force and the Parties shall replace the invalid provision with a valid one that reflects its intent as closely as possible.

20. Governing law and dispute resolution

20.1 The Agreement is governed by the laws of Sweden, excluding its conflict of law rules.

20.2 Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The Rules for Expedited Arbitrations apply where the amount in dispute does not exceed SEK 1,000,000. Otherwise, the Arbitration Rules apply and the tribunal shall consist of a sole arbitrator unless the SCC decides otherwise. The seat of arbitration is Stockholm and the language of the proceedings is English unless the Parties agree on Swedish. Arbitral proceedings and awards are confidential.

20.3 Notwithstanding section 20.2, Hives may bring claims for undisputed and overdue payments before the Swedish Enforcement Authority (Kronofogdemyndigheten) or a Swedish general court.