Terms of Service

01About these terms

These Terms of Service (the “Terms”) are an agreement between Perpetio OÜ (“HiVis”, “we”, “us”) and the business or organisation that uses HiVis (the “Customer”, “you”).

By creating an account, accepting an invitation or using HiVis, you agree to these Terms. If you create an account for an organisation, you confirm that you are authorised to accept these Terms on its behalf.

HiVis is for business use only. It isn’t offered to consumers, and you confirm that you use it for your trade, business or profession.

Our Privacy Policy explains how we handle personal data and forms part of these Terms.

02Key terms

• Service means the HiVis web application, its websites and related support.
• Workspace means the Customer’s own area in the Service, with its own data, users and subscription.
• User means a person the Customer lets use its workspace, such as an owner, admin, manager or member.
• Customer Data means any data the Customer or its Users put into the Service, including information about employees, contractors, clients, projects, hours, pay, inventory, vehicles and documents.
• Plan means the subscription tier (Starter, Team or Business) and billing period the Customer chooses.

03Accounts and users

• Give accurate information when you sign up, and keep it up to date, including a working email address.
• Each User needs their own login. Keep passwords confidential, and tell us straight away at support@hivis.app if you suspect someone has accessed your account without permission.
• The workspace owner and admins decide who has access and what each role can see. You are responsible for what your Users do in the Service and for making sure they follow these Terms.
• Each Plan allows a maximum number of Users, shown on our pricing page.
• Users must be at least 18 years old.

04Free trial

• Each workspace can have one free trial of 30 days on any Plan. You don’t need a payment method to start it.
• If you add a payment method, your paid subscription starts automatically when the trial ends unless you cancel before then. Without a payment method, the subscription ends with the trial, and the workspace stays locked until you subscribe.
• We may change or end trial offers for new sign-ups at any time. This doesn’t affect a trial that has already started.

05Plans, fees and payment

• Prices and what each Plan includes are shown on our pricing page and in the app. You can pay monthly or yearly.
• Fees are charged in advance for each billing period through our payment provider, Stripe. Subscriptions renew automatically for the same period until cancelled.
• Prices are in US dollars and exclude taxes. Where we must charge VAT or other taxes, we add them to the invoice.
• You can change your Plan or billing period on the billing page. The confirmation screen shows when the change takes effect and any prorated charge or credit before you confirm. Moving to a smaller Plan can remove features and the access of Users above its limit.
• If a payment fails, Stripe retries it and we let you know. If it remains unpaid, we may restrict the workspace to the billing page until it is paid.
• We may change prices with at least 30 days’ notice by email. New prices apply from your first renewal after the notice period. If you don’t agree, you can cancel before then.
• Fees are non-refundable, except where these Terms say otherwise or the law requires a refund.

06Cancellation and termination

• You can cancel at any time on the billing page. Cancellation takes effect at the end of the current billing period, and the workspace keeps working until then. We don’t refund the unused part of a period.
• We may suspend or end your access if you seriously or repeatedly break these Terms, don’t pay, or use HiVis in a way that puts the Service, other customers or the public at risk. Where reasonable, we’ll warn you first and give you a chance to fix the problem.
• We may stop offering HiVis by giving at least 60 days’ notice by email. We’ll then refund fees you have paid for any period after the Service ends.
• When your subscription ends or the workspace is closed, you have 30 days to export Customer Data. We then delete it, and backups that still contain it are overwritten within a further 30 days, as our Privacy Policy describes.
• Sections that by their nature should continue after termination, such as fees owed, confidentiality, liability and governing law, continue to apply.

07Acceptable use

You and your Users must not:

• break the law or infringe anyone’s rights, including data protection, employment and intellectual property rights;
• upload malware, or content that is unlawful, defamatory or infringes someone else’s rights;
• try to access workspaces, accounts or systems you aren’t authorised to use, or test the Service’s security without our written permission;
• disrupt or overload the Service, or access it with bots or scrapers beyond normal use of the app;
• copy, resell, sublicense or reverse-engineer the Service, or use it to build a competing product;
• share one login between several people, or create extra workspaces to get around Plan limits or trial rules.

08Your data

• You own Customer Data. We have no rights to it beyond the permission you give us here: to host, copy, process and display it as needed to provide, secure and support the Service.
• You are responsible for Customer Data and for having a lawful basis to put it into HiVis, including giving any required notices to, and getting any required permissions from, your employees, contractors and clients.
• You can export data with the export features in the app, and we’ll help with anything they don’t cover if you ask.
• We may use aggregated, anonymised information about how the Service is used, which doesn’t identify you, your Users or your data, to run and improve HiVis.

09Data processing terms

When Customer Data includes personal data, you are the controller and we are your processor. This section is our data processing agreement under Article 28 of the EU General Data Protection Regulation (GDPR), and it applies in addition to the rest of these Terms.

• Instructions. We process personal data in Customer Data only to provide the Service as these Terms describe and as you direct through the Service, unless the law requires otherwise. In that case we’ll tell you first, unless the law forbids it.
• Scope. Subject and duration: providing HiVis while you use it, plus the deletion period above. Data subjects: your Users, employees, contractors, clients and anyone else whose details you enter. Types of data: contact details, job and work information, hours, pay rates and bonuses, project and client details, vehicle and inventory records, and documents and photos you upload.
• Confidentiality. Everyone we authorise to process Customer Data is bound by confidentiality.
• Security. We maintain technical and organisational measures appropriate to the risk, as described in our Privacy Policy.
• Sub-processors. You authorise the providers listed in our Privacy Policy. We’ll tell you by email before adding or replacing a provider that processes Customer Data, so you can object. If we can’t resolve a reasonable objection, you may cancel and we’ll refund prepaid fees for the remaining period. We bind each provider to equivalent data protection obligations and remain responsible for its work.
• Assistance. We help you answer requests from people exercising their data protection rights, and help with security, breach notifications, data protection impact assessments and consultations with authorities, based on the information available to us.
• Breaches. We notify you without undue delay after becoming aware of a personal data breach affecting Customer Data.
• End of service. When the Service ends, we delete Customer Data as described in Cancellation and termination, unless the law requires us to keep it.
• Audits. We provide the information needed to show that we comply with this section, and allow audits by you or an auditor you appoint, with reasonable notice, at your cost, and no more than once a year unless a breach or an authority requires it.
• Transfers. When personal data is transferred outside the European Economic Area, we make sure appropriate safeguards are in place, such as the European Commission’s Standard Contractual Clauses.

10Our service and support

• We provide the Service with reasonable skill and care, and protect it as our Privacy Policy describes.
• We aim to keep HiVis available at all times, but we don’t guarantee uninterrupted service. When we need planned maintenance, we try to do it outside normal working hours.
• Email support is included in every Plan. We aim to reply within one business day. Business Plans also get a named contact and priority support.
• We keep improving HiVis and may change, add or remove features. We won’t make a change that materially reduces the core features of your paid Plan during a billing period you have already paid for.

11Payroll, tax and other figures

HiVis calculates hours, labour costs, pay, budgets and currency conversions from the data you enter and from public sources such as official exchange rates. HiVis isn’t a payroll provider: it doesn’t pay anyone, file taxes, or give legal, tax, accounting or employment advice. You are responsible for checking the figures and for complying with the employment, tax and other laws that apply to you.

12Third-party services

HiVis relies on other providers, such as Stripe for payments and Crisp for support chat. Their own terms may also apply when you use their checkout or chat. We aren’t responsible for services we don’t provide that you choose to use alongside HiVis.

13Intellectual property

• We and our licensors own the Service, including its software, design and content. During your subscription, you have a limited, non-exclusive, non-transferable right to use it for your internal business purposes under these Terms.
• If you send us feedback or suggestions, we may use them without any obligation to you.
• You may not use the HiVis name or logo without our permission, and we won’t name you as a customer publicly without yours.

14Confidentiality

Each party keeps the other’s non-public information confidential, uses it only for these Terms, and shares it only with people who need it and are bound by similar duties. This doesn’t apply to information that is public, was already known to the recipient, is developed independently, or must be disclosed by law. Where the law allows, the party disclosing it will tell the other first.

15Disclaimers

Except as these Terms expressly say, the Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all implied warranties, including fitness for a particular purpose, merchantability and non-infringement, and we don’t promise that the Service will be error-free or meet every requirement you have.

16Limitation of liability

• Neither party is liable for loss of profit, revenue, business or goodwill, or for indirect or consequential loss.
• Each party’s total liability under or in connection with these Terms is limited to the fees the Customer paid for the Service in the 12 months before the event that gave rise to the claim. During a free trial, our total liability is limited to 100 US dollars.
• These limits don’t apply to liability that the law doesn’t allow to be limited, including liability for death or personal injury caused by negligence, for fraud, or for intentional or grossly negligent breach. They also don’t limit the fees you owe or your responsibility under Responsibility for claims.

17Responsibility for claims

You will defend us against claims by third parties arising from Customer Data, or from you or your Users breaking the law or the Acceptable use rules, and cover the resulting losses and reasonable costs. We’ll tell you about such a claim promptly and let you control its defence.

18Changes to these terms

We may update these Terms. We’ll give account owners at least 30 days’ notice of material changes by email or in the app. The changes apply from the date stated in the notice. If you don’t agree, you can cancel before then; otherwise, continuing to use HiVis means you accept the updated Terms.

19Governing law and disputes

These Terms are governed by the laws of Estonia, excluding their conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Disputes will be settled exclusively by Harju County Court (Harju Maakohus) in Tallinn, Estonia, unless mandatory law entitles you to bring a claim elsewhere. Before going to court, both parties will try in good faith to resolve the dispute by email for at least 30 days.

20General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service and replace earlier discussions. If you sign a separate written agreement with us, it takes precedence where it conflicts with these Terms.
• Assignment. You may not transfer these Terms without our consent. We may transfer them to a company that takes over HiVis, and we’ll tell you if we do.
• Force majeure. Neither party is responsible for failures caused by events beyond its reasonable control, such as natural disasters, war, or widespread power or internet outages.
• Severability and waiver. If part of these Terms can’t be enforced, the rest still applies. Not enforcing a right doesn’t waive it.
• Notices. We send notices to the workspace owner’s email address. You can send notices to support@hivis.app.
• Language. These Terms are available in English and Ukrainian. If the two versions differ, the English version prevails.

21Contact us

Perpetio OÜ, registry code 14661567, VAT number EE102136393, Harju maakond, Tallinn, Kesklinna linnaosa, Kaupmehe tn 7-120, 10114, Estonia. Email: support@hivis.app.