Terms of Service

1. Who you are contracting with

HiVi Labs is a product brand operated by Quotafy Consulting. Quotafy Consulting is the legal entity behind HiVi Labs and provides the technology, software and services offered through the HiVi platform.

These terms are an agreement between you (or the organization you represent) and Quotafy Consulting. “We”, “us” and “our” mean Quotafy Consulting. “HiVi” and “the platform” mean the products, software and services we provide under the HiVi Labs brand, including https://hivi.ai.

By using the website or the platform, you accept these terms. If you are accepting on behalf of an organization, you confirm you are authorized to bind it.

2. The services

HiVi provides marketing technology and related software for agencies and businesses managing digital advertising and customer acquisition, along with deployment, customization and engineering services. The specific scope, deliverables, environments and support commitments for a paid engagement are set out in the order form, proposal or statement of work agreed with you; where those documents conflict with these terms, they prevail for that engagement.

We may improve, change or discontinue features. Where a change materially reduces functionality you rely on under an active agreement, we will give you reasonable notice.

3. Accounts and access

• You are responsible for the accuracy of your account information and for all activity under your credentials.
• Keep credentials confidential, use unique passwords, and tell us promptly at security@hivi.ai if you suspect unauthorized access.
• You are responsible for the users you invite, including agency staff and contractors, and for removing access when it is no longer needed.

4. Your data

You own the data you or your users put into the platform, and the data we retrieve from the accounts you connect (“customer data”). You grant us a limited licence to host, process and transmit customer data solely to provide, secure and support the services.

We handle personal information as described in our Privacy Policy. Where we process personal data on your behalf, you are the controller and we are the processor.

You are responsible for having the rights and permissions needed for the data you give us access to, including any consents your own customers must give.

5. Connected platforms

The platform can connect to third-party services, including the Amazon Advertising API. Those connections are made under authorizations you grant, and can be revoked by you at any time.

• Your use of a connected platform remains governed by that platform's own terms — including, for Amazon Advertising, the Amazon Advertising agreements and policies applicable to your account. You are responsible for complying with them.
• We access connected-platform data only to provide the features you have enabled, and handle it as described on our Amazon Advertising Integration page and in the Privacy Policy.
• We are not responsible for a third-party platform's availability, accuracy, pricing or policy changes. If a provider changes or withdraws access, affected features may change or stop.

6. Acceptable use

You agree not to:

• Use the services unlawfully, or in breach of a connected platform's terms or advertising policies.
• Upload or process data you do not have the right to process, or use the services to send unsolicited messages.
• Attempt to gain unauthorized access, probe or disrupt the services, or circumvent usage limits, rate limits or security controls.
• Reverse engineer, resell or provide the services to a third party except as expressly agreed in writing.
• Use another advertiser's data for any purpose other than serving that advertiser.

We may suspend access where use threatens the security, integrity or lawful operation of the services, or breaches a connected platform's requirements. Where practical, we will tell you first and restore access as soon as the issue is resolved.

7. Intellectual property

We retain all rights in the HiVi platform, our software, templates, documentation and brand, including anything we develop generally for our products. You retain all rights in customer data and in your own brand and content.

Where an engagement includes delivery of source code or a deployment you own, ownership and licence terms for those deliverables are set out in the applicable order form or statement of work.

8. Fees and commercial terms

Fees, billing frequency, currency, taxes and payment terms are set out in the order form, proposal or statement of work agreed with you. Unless stated otherwise, fees exclude applicable taxes, invoices are payable within the period stated on them, and amounts paid are non-refundable except where these terms or the applicable agreement say otherwise. Public pages, calculators and estimates on this site are indicative and are not an offer or a quote.

9. Confidentiality

Each party may receive non-public information from the other. The receiving party will use it only to perform under these terms, protect it with at least reasonable care, and disclose it only to people who need it and are bound by comparable obligations. This does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party — or where disclosure is legally required.

10. Warranties and disclaimers

We warrant that we will provide the services with reasonable skill and care, and in accordance with the applicable order form or statement of work.

Otherwise, and to the maximum extent permitted by law, the website and the platform are provided “as is” and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the services will be uninterrupted or error-free, or that data retrieved from a third-party platform is complete or accurate. Nothing in these terms limits any warranty that cannot be excluded by law.

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or data, however caused.

Each party's total aggregate liability arising out of or relating to these terms is limited to the fees paid or payable by you to Quotafy Consulting in the twelve months before the event giving rise to the claim. These limits do not apply to fraud, wilful misconduct, a party's indemnity obligations, or any liability that cannot be limited by law.

12. Indemnity

You will defend and indemnify Quotafy Consulting against third-party claims arising from your unlawful use of the services, your breach of a connected platform's terms, or customer data you had no right to provide. We will defend and indemnify you against third-party claims that the platform, as provided by us and used in accordance with these terms, infringes their intellectual property rights.

13. Term and termination

These terms apply while you use the website or the platform, and for the duration of any agreed engagement. Either party may terminate for material breach that is not cured within 30 days of written notice. On termination, access ends, outstanding fees fall due, and we will — on written request made within 30 days — return or delete customer data, subject to any legal retention obligation. Clauses that by their nature should survive will survive.

14. Changes to these terms

We may update these terms as the platform and the law change. The effective date at the top of the page always reflects the current version. Where a change is material and you have an active engagement, we will give notice through the platform or by email before it takes effect.

15. Governing law

These terms are governed by the laws of the jurisdiction in which Quotafy Consulting is established, whose courts have exclusive jurisdiction over any dispute, without regard to conflict-of-law rules. Where an order form or statement of work specifies a governing law and venue, that choice prevails for that engagement. Nothing here deprives a consumer of the protection of mandatory law in their place of residence.

Before starting proceedings, each party will raise the issue in writing and attempt in good faith to resolve it for 30 days.

16. Contact

These terms are published by Quotafy Consulting, the company that operates HiVi Labs.

• Legal: legal@hivi.ai
• Privacy and data requests: privacy@hivi.ai
• Security: security@hivi.ai
• General: hello@hivi.ai

See also: Privacy Policy · Amazon Advertising Integration · About the company