Terms of Service

1. Who we are

ChatHive is operated by Paulo Marques, carrying on business as ChatHive in British Columbia, Canada ("ChatHive", "we", "us"). You can reach us at contact@chathive.ca.

"You" means the individual accepting these Terms and, where applicable, the business on whose behalf that individual acts. If you accept on behalf of a business, you represent that you have authority to bind that business.

You must be at least 18 years old and, if the age of majority where you live is higher, at least that age.

2. What ChatHive does

ChatHive lets a business put an AI chatbot on its website. The chatbot answers visitors using documents and topics the business provides, can collect contact details (leads) and can book meetings.

Answers are generated by an AI model. They can be wrong, incomplete or out of date. ChatHive is not professional, legal, medical or financial advice. You are responsible for reviewing the content and instructions supplied to your chatbot, testing its behaviour, monitoring its use, and deciding whether and how to rely on its answers. Do not use ChatHive as the sole basis for decisions requiring professional judgment or for emergency or other high-risk purposes.

Every plan has the same chatbot behaviour. Plans differ only in their limits, such as the number of topics and visitor messages per month.

3. Your account

• Give accurate information and keep your password private. You are responsible for activity under your account, including actions taken by team members you invite, and for managing their access permissions.
• Tell us promptly at contact@chathive.ca if you think your account was accessed without your permission.
• One account is for one business. Do not share logins between unrelated people.

4. Plans, trial and payment

• New accounts start with a free trial of 14 days. No card is needed to start. After the trial you must subscribe to keep using ChatHive.
• Prices are in Canadian dollars (CAD), billed monthly or annually. Prices do not include taxes. Where the law requires us to charge GST, PST or any other tax, it is added at checkout and shown on your receipt.
• Subscriptions renew automatically at the end of each billing period until you cancel. Payments are handled by Stripe. We do not store your card number.
• You cannot change plan during the trial. After subscribing, an upgrade (or a switch from monthly to annual billing) takes effect immediately. A downgrade (or a switch from annual to monthly billing) takes effect at the start of the next billing period, and you keep your current plan until then.
• You can cancel at any time. You keep access until the end of the period you already paid for.
• We may change prices. We will tell you by email at least 30 days before a new price applies to you. A new price never applies to a period you have already paid for: if you pay monthly it applies from your next monthly renewal, and if you pay annually it applies from your next annual renewal.
• If a payment fails, we may pause booking features and, if it is not resolved, end the subscription.

5. Monthly message limit

Each plan includes a number of visitor messages per month. A message is a message a visitor sends to your chatbot that the chatbot answers. The count restarts with each billing period.

• We email you when you reach 50%, 80% and 100% of the limit.
• Near the limit, the chatbot keeps a small reserve so that visitors already in a conversation can leave their contact details and book a meeting. In this stage the chatbot tells visitors that the owner has been notified, and each visitor gets a limited number of further messages.
• When the limit is reached, the chatbot stops answering until the next period starts, or until you add a top-up pack (section 6).

Counting can run a few messages over the limit when several visitors write at the same moment. We do not charge for overage.

6. Top-up message packs

If you are on an active paid subscription you can buy extra messages for the current billing period:

• 50 messages for 5.00 CAD
• 200 messages for 15.00 CAD
• 500 messages for 30.00 CAD

• Packs are bought manually, each time, through Stripe. They never renew by themselves.
• Pack messages are added to your plan limit and count in your usage and warning emails.
• Pack messages expire at the end of the billing period in which you bought them. Unused messages do not carry over.
• Packs are not available during the trial or without an active subscription.

7. Refunds

Except where required by law or where we have made a billing error, subscription fees and top-up pack purchases are non-refundable. Examples of billing errors include duplicate charges, charges for a service not provided, or a paid pack that was not credited. Contact contact@chathive.ca and we will investigate and, where appropriate, correct the error or issue a refund.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified under applicable consumer-protection or other laws.

8. Your content and your visitors

• You keep ownership of the documents, topics, settings and other content you upload ("your content"). You give us permission to store, process and send it to our service providers only as needed to run ChatHive for you.
• You promise you have the right to upload your content and that it does not break anyone else's rights or the law.
• Leads and meeting details collected by your chatbot belong to your business. You decide how to use them and you are responsible for using them lawfully, including privacy and anti-spam laws.
• You must provide visitors with a clear and accessible privacy notice covering the chatbot, the purposes for collecting information, how it will be used and disclosed, and how visitors can ask questions or exercise applicable privacy rights. You must clearly tell visitors they are interacting with an AI system. The chat widget displays a notice that visitors are talking to an AI assistant and that conversation content and contact details they provide may be stored. You are responsible for ensuring your notices and practices meet the laws that apply to your business.
• For visitors' personal information, you generally decide the purposes and means of collection and use, while ChatHive processes that information to provide the service. The parties' legal roles may depend on the circumstances and applicable law. You must provide visitors with required notices, obtain any required consents or other legal authority, respond to requests you are responsible for, and only upload or collect information that you are legally permitted to process.

9. Acceptable use

You will not use ChatHive to:

• break the law or someone else's rights, or collect personal information in a deceptive way;
• send spam, or contact people who have not agreed to be contacted where the law requires that;
• generate or spread harmful, hateful, deceptive or infringing content, or impersonate a person or organisation;
• upload material you do not have the right to use, or that contains data you are not allowed to process;
• try to get around plan limits, probe or attack the service, or interfere with other customers;
• resell the service or build a competing service from it.

We may suspend or remove content or an account that breaks these rules, and will tell you why where we can.

10. Third-party services

ChatHive relies on third parties, including Microsoft Azure (hosting and Azure OpenAI), Stripe (payments) and Microsoft 365 (email). Their own terms apply to their services, and a problem on their side can affect ChatHive. The Privacy Policy describes the principal providers and the information shared with them. Provider practices and terms may change over time.

11. Availability and changes to the service

We aim to provide a reliable service, but availability depends in part on third-party providers and circumstances outside our control. We do not adopt or guarantee any third-party uptime commitment, service level or availability target unless we expressly agree to it in a separate written agreement. The service may be interrupted, delayed or contain errors. We may update, change or discontinue features. If we discontinue a material feature on which customers reasonably rely, we will give advance notice where reasonably practicable.

12. Ending the agreement

• You can stop using ChatHive and cancel at any time (section 4).
• We can suspend or end your account if you break these terms, if payment cannot be collected, or if we have to by law. Where reasonable we will warn you first.
• When your account ends, booking and chatbot features stop working. What happens to your data is described in the Privacy Policy under "Keeping and deleting information".

13. Ownership of ChatHive

ChatHive, its software, design and branding belong to us. These terms give you the right to use the service while you comply with them, and nothing else.

14. Disclaimers and limits on our liability

ChatHive is provided "as is" and "as available". To the extent the law allows, we do not promise that the service or the chatbot's answers will be accurate, uninterrupted or fit for a particular purpose.

To the fullest extent permitted by applicable law, ChatHive will not be liable for indirect, incidental, special, exemplary, punitive or consequential losses, or for lost profits, revenue, business opportunities, leads, meetings, data or goodwill. To the fullest extent permitted by applicable law, ChatHive's aggregate liability arising out of or relating to the service or these Terms will not exceed the fees you paid to ChatHive for the service during the 12 months immediately before the event giving rise to the claim. This limit applies regardless of the legal theory of the claim, but does not apply to liability that cannot lawfully be excluded or limited. These limits are an allocation of risk and do not remove any non-waivable rights or remedies.

Nothing here limits liability that cannot be limited by law.

15. Changes to these terms

We may update these terms. For a material change we will email you and ask you to accept the new version. If you do not agree, you can cancel before it applies to you.

16. Governing law

These Terms are governed by the laws of British Columbia and the applicable federal laws of Canada, without regard to conflict-of-law rules. Subject to any mandatory legal rights or jurisdictional rules that apply, you and ChatHive submit to the jurisdiction of the courts of British Columbia for disputes arising out of or relating to these Terms. No mandatory arbitration requirement applies unless the parties separately agree to it in writing.

17. Contact

Questions about these terms: contact@chathive.ca.