PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 12) THAT AFFECT YOUR LEGAL RIGHTS.
1. Acceptance of Terms
By downloading, installing, accessing, or using the Pocket Hive mobile application (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
2. AI & Automated Insights Disclaimer
Informational Purpose Only: Pocket Hive uses artificial intelligence (AI) to analyze audio and visual data for the purpose of generating apiary insights (e.g., "Queenless Hum," "Varroa Mite Detection"). These insights are probabilistic and generated automatically.
Not Professional Advice: The Service is NOT a substitute for professional veterinary or apiary advice. Pocket Hive does not guarantee the accuracy of any AI-generated diagnosis, count, or transcription. You acknowledge that relying on the Service for critical hive management decisions is at your own risk.
Release of Liability: You hereby release Pocket Hive from any liability regarding colony loss, disease spread, financial loss, or personal injury (including bee stings) resulting from your reliance on the App.
3. Subscriptions & Payments
Pocket Hive Pro: We offer auto-renewing subscription plans ("Pro Membership").
- Billing: Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.
- Auto-Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
- Cancellation: You can manage and cancel your subscriptions by going to your App Store or Play Store account settings. Uninstalling the app does not cancel your subscription.
- Price Changes: We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
- No Refunds: All charges are non-refundable except as expressly set forth in these Terms or as required by applicable law. Refund requests are handled directly by Apple or Google.
4. Assumption of Risk (Beekeeping Activities)
Inherently Dangerous Activity: You acknowledge and agree that beekeeping is an inherently dangerous agricultural activity. Interactions with bees involve the inherent risk of bee stings, which can cause severe allergic reactions (including anaphylaxis), personal injury, or death.
Assumption of All Risks: By using the Service to assist in your beekeeping activities, you expressly assume all risks associated with beekeeping, whether known or unknown, including but not limited to personal injury, property damage, and damage to or loss of your apiary, hives, or bees.
No Professional Advice: The Service is an informational tool only. You are solely responsible for obtaining proper training, using appropriate protective equipment, and adhering to all local laws, ordinances, and best practices regarding beekeeping and apiary registration.
5. User Responsibilities
You agree to use the Service in compliance with all applicable local, state, and national laws. You agree NOT to:
- Reverse engineer, decompile, or attempt to derive the source code of the App.
- Use the App to harvest data, transmit malware, or engage in any malicious activity.
- Share your account credentials with third parties.
6. AI Feature Fair Use
AI-powered features (including Voice Scribe, Photo Analysis, and other automated insights) are provided for personal beekeeping management purposes.
Prohibited Use: Automated, scripted, or programmatic access to AI features is strictly prohibited. You may not use bots, scrapers, or other automated tools to interact with AI-powered features.
Excessive Use: While we do not impose hard limits, we reserve the right to throttle, limit, or temporarily suspend access to AI features for accounts engaged in usage patterns that place undue burden on our systems or that we reasonably determine to be abusive.
Remedies: Pocket Hive may, at its sole discretion, suspend or terminate accounts that violate this fair use policy without prior notice or refund.
7. Intellectual Property & User Content
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Pocket Hive and its licensors. The Service is protected by copyright, trademark, and other laws.
User Content License: By uploading photos or audio ("User Content"), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process such Content solely for the purpose of operating and improving the Service.
User Representations: You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pocket Hive to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content.
8. Account Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service and request data deletion via the App settings or by emailing us. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Indemnification
You agree to defend, indemnify, and hold harmless Pocket Hive and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) User Content uploaded by you that infringes upon a third party's intellectual property or privacy rights.
10. Limitation of Liability
IN NO EVENT SHALL POCKET HIVE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID TO US IN THE PAST 12 MONTHS.
11. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
12. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
14. Interpretation
Interpretation of these legal documents shall be at the sole discretion of the Pocket Hive legal team.
15. Dispute Resolution & Arbitration
Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association.
Class Action Waiver: YOU AND POCKET HIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Time Limitation on Claims: YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
17. Contact Us
If you have any questions about these Terms, please contact us at support@pockethive.ai.