Terms of Service

1. Who we are & what these Terms cover. Welcome to Hivara. These Terms of Service ("Terms") are a binding agreement between you and Crater Ink Studios LLC, a Pennsylvania limited liability company doing business as Hivara ("Hivara," "we," "us," "our"). Hivara is a software-as-a-service application that provides tools for inventory management, true-cost tracking, production management, reporting, analytics, AI-assisted features, and related business operations, available at hivara.app. By accessing or using Hivara, you agree to these Terms, the Privacy Policy, the Acceptable Use Policy, the Refund, Cancellation & Subscription Terms, the Cookie Policy, the Data Usage & AI Policy, and the Data Processing Addendum.

2. Use of the Platform. Hivara provides the tools described above for lawful business purposes only. You may use Hivara solely to operate your own business. Hivara is a single-vendor software tool for makers; it is not a marketplace, does not connect buyers and sellers, does not list or sell goods on your behalf, and does not process or hold any funds other than your own subscription payments to us (see §7).

3. Eligibility. You must be at least 18 years old and able to form a binding contract to use Hivara. Accounts are for the account holder and its authorized users; you are responsible for activity under your account.

4. User accounts. You agree to provide accurate, current information; keep your login credentials confidential; and remain responsible for all activity under your account. Notify us promptly of any unauthorized use at contact@hivara.app.

5. Ownership of your data. You retain ownership of the data, files, product information, inventory records, and other content you submit to Hivara ("Your Content"). Hivara does not claim ownership of Your Content.

6. Limited license to operate the service. You grant Hivara a limited, non-exclusive, royalty-free license to host, store, process, display, and transmit Your Content solely to operate, maintain, improve, and provide the service to you. This license exists only to run Hivara for you and ends when Your Content is deleted or your account is closed, except for content retained as required by law or in routine backups for a limited period. Hivara's use of aggregated and anonymized data is governed by §13 and the Data Usage & AI Policy.

7. Subscriptions, billing & auto-renewal. Access to certain features requires a paid subscription. Hivara's current subscription tiers, billed via Stripe, are:

(a) Auto-renewal & pre-charge disclosure. Paid subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current rate, until you cancel. Before we obtain your billing information, and in all cases before you are charged, we clearly and conspicuously disclose the subscription price, the billing frequency, that the subscription renews automatically, the renewal date and amount, and how to cancel — presented in close proximity to your consent.

(b) Affirmative consent. You must affirmatively agree to the auto-renewing subscription terms before your first charge.

(c) Confirmation. After you subscribe, we send a confirmation that includes the subscription terms, the cancellation policy, and how to cancel, in a form you can retain.

(d) Easy online cancellation. You can cancel at any time online through your account settings, in the same medium you used to subscribe — without calling and without obstruction or undue delay. See the Refund, Cancellation & Subscription Terms.

(e) Annual renewal reminder. For auto-renewing subscriptions, we send a reminder at least annually stating the product, the charge amount and frequency, and how to cancel.

(f) Price changes. We will give you advance, clear-and-conspicuous notice of any price increase before it takes effect on an auto-renewing plan, with at least 30 days' notice and an opportunity to cancel before the new price applies. See §15.

(g) Taxes. Prices are exclusive of applicable taxes unless stated otherwise. Where required, Hivara will add sales tax to your subscription charge.

(h) Free trials. The Starter plan is a 30-day free trial: we do not collect payment during it and do not auto-charge you. When the 30 days end, you choose a paid plan to keep using Hivara; everything you set up stays saved and exportable in the meantime. For any other free trial or promotional period, we will disclose — before you provide billing information — the trial length, that the subscription will convert to a paid auto-renewing plan unless you cancel before the trial ends, and the price and billing date that will apply on conversion. You can cancel before conversion under §7(d).

8. Your responsibility for the data you upload. You are solely responsible for the lawfulness of the data you upload to Hivara, including any sales exports or other files that contain personal information about your own customers (for example, names and addresses imported from Etsy, Amazon, eBay, Poshmark, or similar). You represent that you have the right and a lawful basis to upload such data and to have Hivara process it on your behalf, and that you have provided any notices and obtained any consents your customers are owed. As between you and Hivara, you are the controller of that imported customer data and Hivara processes it as your processor/service provider on your instructions; this is governed by the Data Processing Addendum.

9. Acceptable use. Your use of Hivara is subject to the Acceptable Use Policy. You agree not to: engage in illegal activity; gain or attempt unauthorized access; upload malware; interfere with the service; copy, resell, or exploit the service; or scrape or otherwise abuse the platform, its APIs, or integrations.

10. Service availability. We strive to provide reliable access to Hivara, but we do not guarantee that the service will be uninterrupted, timely, secure, or error-free. Features may change, be added, or be removed. No service-level or uptime commitment is made unless agreed separately in writing.

11. Data storage & backups. You are responsible for maintaining your own backups of Your Content. We take reasonable steps to protect data but do not guarantee against loss, corruption, or interruption.

12. Account suspension or termination. We may suspend or terminate accounts that violate these Terms or misuse the platform. You may cancel your subscription (see the Refund, Cancellation & Subscription Terms) or request deletion of your account and data at any time via contact@hivara.app. Provisions that by their nature should survive termination — including §§5, 13, 14, 16, 17, and 18 — survive.

13. Aggregated & anonymized data. Hivara may use aggregated and anonymized data derived from the platform to improve features, analytics, forecasting, automation, reporting, and performance, including AI-assisted features and anonymized cross-customer industry benchmarking, as described in the Data Usage & AI Policy. Hivara will not publicly disclose identifiable customer business information without permission. Aggregated and anonymized data is de-identified and is not used to identify you or your business. This aggregated/anonymized reuse excludes personal information about your end customers that you import or upload (see §8 and the Data Processing Addendum): Hivara processes that imported customer data only as your processor, solely to provide the service, and does not include it in the AI-model-improvement or benchmarking corpus.

14. Disclaimer of warranties & limitation of liability. The service is provided on an "as is" and "as available" basis and you use it at your own risk. To the fullest extent permitted by law, Hivara disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. To the maximum extent permitted by law, Hivara is not liable for any indirect, incidental, consequential, special, exemplary, or business-loss damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to your use of the service. To the maximum extent permitted by law, Hivara's total aggregate liability arising out of or relating to the service and these Terms is limited to the total fees you paid for the service in the 12 months before the event giving rise to the claim.

Carve-out (non-excludable liability). Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any non-waivable statutory consumer rights.

15. Changes to these Terms. We may update these Terms. For material changes — including changes to subscription pricing on auto-renewing plans — we will provide advance notice through the service or by email before the change takes effect, identify the effective date of the change, and, where the change is to the price or other material terms of an auto-renewing subscription, give you an opportunity to cancel before the change applies. For non-material changes, we will post the updated Terms with a revised effective date; your continued use after the effective date constitutes acceptance. We will not rely on "continued use = acceptance" alone for material or price changes.

16. Indemnity. To the extent permitted by law, you agree to indemnify and hold harmless Crater Ink Studios LLC (doing business as Hivara) from claims, damages, and reasonable costs arising from: (a) your breach of these Terms; (b) Your Content or the data you upload (including imported customer personal information); or (c) your violation of applicable law or the rights of a third party.

17. Governing law & disputes. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles. The exclusive venue for any dispute is the state courts located in York County, Pennsylvania, and the United States District Court for the district embracing York County, Pennsylvania, and you and Hivara consent to their jurisdiction.

18. Severability & entire agreement. If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions stay in full force. These Terms, together with the policies referenced in §1, constitute the entire agreement between you and Hivara regarding the service and supersede any prior agreements on that subject.

19. Contact. Questions or notices: contact@hivara.app.