Midmarket Terms & Conditions

These Midmarket Terms of Service (“ToS”) are between Hive Streaming AB, Franzéngatan 5, 112 51 Stockholm, with Swedish company registration number 556648-5396 (“Hive Streaming”), and the customer, on behalf of itself and its applicable affiliates (“Customer”). The party signing or electronically submitting an Order or accessing the Services represents that it has the authority to bind the Customer and understands and agrees to the Order and the ToS (collectively the “Agreement”). 

These ToS apply exclusively for midmarket Customers, meaning Customers with no more than three thousand Full Time Employees. A Full Time Employee means a Customer employee who is, for a calendar month, employed on average at least 30 hours of service per week, or 130 hours of service per month. For Customers with more than three thousand Full Time Employees, please visit the Hive Streaming website and fill out a demo request  https://www.hivestreaming.com/get-started/. 

In case the Customer has purchased the Service (as defined below) via one of Hive Streaming’s reseller partners (“Partner”), certain terms, such as (without limitation) support, installation or termination may apply as set out in a separate agreement with Customer and such Partner. For the avoidance of doubt, unless otherwise is stated herein, such terms are not referenced herein. 

Table of Contents

1. Terms of Service
2. Appendix 1 – Service Description
3. Appendix 2 – Licensed Software
4. Appendix 3 – System Requirements
5. Appendix 4 – Service Level Terms
6. Appendix 5 – Customer data & Security Terms

 

DEFINITIONS 

 “Affiliate” means, with respect to a party, any entity which directly or indirectly controls, is controlled by, or is under common control with such party, where “control” means the power, directly or indirectly, to direct, or to cause the direction of, the management and policies of an entity, whether through majority ownership of voting securities or equity interests. 

“Confidential Information” means information that is proprietary, secret or confidential, including usage data, pricing and financial data, end-user customer information, network designs, analyses, business plans, forecasts, plans and specifications of any product or service, drawings, software, data, prototypes, or other business or technical information. 

“Customer Data” means any data, information, or material provided by Customer directly or indirectly in the course of using the Services. 

“Customer Network” means Customer’s internal IP-network used to transport video and other data. 

 “Infringement Claim” means any claim, suit or proceeding brought against a Customer based on an allegation that the Services, as used by Customer in accordance with this Agreement and the applicable documentation, infringes upon any Intellectual Property Right or violates any trade secret rights of any third party. 

“Intellectual Property Right(s)” means any patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world. 

“Order” means any initial or subsequent ordering document or online request for access to the Services submitted to Hive Streaming, through a Hive Streaming authorized reseller or through Microsoft Azure Marketplace. 

“Service(s)” means the generally available Hive Streaming software-as-a-service “SaaS” offerings as further described in Appendix 1 – Service Description. 

“Services Data” means any data or information, other than Customer Data, generated as a result of operating the Service. 

 “Service Period” means the period during which Customer may access and use the Services, as further described in section 1.9. 

“Software Client” means the local software client provided by Hive Streaming to be installed on Customer’s computing devices, or to run in Customer’s computing device browsers in order to run the Services. 

“Start Date” means the date after a free trial period has ended and the Customer is charged for the Services in accordance with the Order. 

“Use Level” means the generally available models by which Hive Streaming packages, prices and trades the Services to customers as set forth on the applicable price list, websites, Order or Service Description. 

   

USE AND ORDER TERMS 

1.1. Right to Use Service 

Hive Streaming will provide the Services set forth in the Order for Customer’s use in accordance with the Agreement and applicable Use Levels. Depending on applicable Use Levels, all Services set forth in Appendix 1 – Service Descriptions may not be available to all Customers. 

Hive Streaming hereby grants to Customer a world-wide, non-assignable, non-exclusive license to acess and use the the Services in accordance with these ToS. The system requirements are set out in Appendix 2. 

Hive Streaming reserves the right to update the Services at its discretion. Such mandatory updates to the Services are included in the Fees. 

1.2.    Orders, Fees and Payments 

Fees and Payments. Midmarket Customer Orders are placed via Microsoft Azure Marketplace. The Microsoft commercial marketplace policies and terms govern all Orders, payments and fees subject to these ToS. 

Fee Adjustments. Hive shall have the right to adjust fees annually by a percentage equal to the percentage change in the Consumer Price Index statistics published by the United States Bureau of Labor that has occurred in the calendar year preceding the year in which the current initial or renewal term expires.  

Additional Services. Hive Streaming may also develop new modules, features and functionalities for the Services and/or Software Client offer them to the Customer at an additional fee. No such updates are invoiced without the Customer’s consent. Customer may order additional Services at any time and may at any time upgrade to a higher Use Level. Unless otherwise agreed in the applicable Order, any additional Services or increased Use Levels ordered by Customer following the Start Date are subject to these ToS. 

Free Trial. Each Customer may only register for one free trial. If a Customer registers for a free trial, Hive may make one or more Services available to Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period or (b) termination by Hive in accordance with these ToS.  

At the end of the free trial period, Customer will automatically be converted to a paid subscription for a 12-month Service Period in accordance with section 1.9 and will be charged for the full Service Period in advance, unless Customer has cancelled the free trial during the free trial period. Customer may cancel the free trial at any time during the free trial period, in which case the Customer will no longer have access to the Service after the free trial period has ended. 

Additional terms and conditions relating to the free trial will appear on the trial registration page or will be otherwise provided as part of the free trial. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. 

1.3. Changes of the Agreement or Services 

Any changes to the Agreement or the Fees for an upcoming Service Period shall be notified by Hive Streaming at least two months in advance. Notification of such changes, or with offers of additional services, may be sent by email or by a clear notice in the Service interface. Any individual who has been made an admin by the Customer shall be considered authorized to accept such changes or offer on behalf of the Customer. 

 

GENERAL TERMS 

1.4. Limitations on Use. 

Except to the extent permitted by applicable law, Customer agrees, on behalf of itself and its users, not to (i) modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or attempt to decipher any code relating to the Services and the Software Client; (ii) knowingly or negligently access or use the Services in a manner that abuses or disrupts the Hive Streaming networks, security systems, user accounts, or Services of Hive Streaming, or attempt to gain unauthorized access to any of the above, (iii) transmit through or post on the Services any material that is deemed abusive, harassing, obscene, slanderous, fraudulent, libelous or otherwise objectionable or unlawful; (iv) market, offer to sell or resell the Services to any third party; (v) use the Services in violation of applicable laws, ordinances or regulations; (vi) use the Services to distribute unsolicited or unauthorized data; (vii) transmit through or post on the Services any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, data privacy or right of publicity; (viii) transmit or post on the Services any material that contains software viruses or other harmful computer code, files or programs; or (ix) use the Services directly or indirectly for competitive benchmarking or other competitive analysis on behalf of a competitor of Hive Streaming. 

 

Hive Streaming shall have sole and exclusive discretion to determine applicability of the restrictions set forth above and any violations thereof and shall inform Customer if a violation occurs. In cases where violations of the use of the Service entails harm or risk of harm to Hive Streaming or the Service, Hive Streaming is entitled to temporarily cut off or limit access to Service. Customer shall be notified about the limitation of access to Service as soon as circumstances allow and Customer will work with Hive Streaming to resolve the issue as expeditiously as possible.  Hive Streaming agrees to promptly restore access to the Service as soon as the underlying issue has been resolved and there is no longer a reasonable risk of harm to Hive Streaming and the Services. 

1.5. Proprietary Rights 

Except for the limited license and use rights granted herein, Customer has no right, title or interest in or to the Services, Software Client, Services Data or any other components provided by Hive Streaming in connection with the Services or any intellectual property rights related thereto. Customer acknowledges that Hive Streaming or its licensors retain all proprietary right, title and interest in and to, or practiced in connection with the Services and any components, including, without limitation, all Services Data, modifications, enhancements, derivative works, configuration, translations, upgrades and interfaces thereto. 

1.6. Warranties 

Hive Streaming warrants and undertakes to Customer that: 

it has all requisite power and authority to enter into this Agreement and to carry out all of its obligations under this Agreement; 

it has obtained all consents, clearances, permissions, and licenses necessary to carry out all of its obligations under this Agreement; 

the receipt of the Services by Customer shall not infringe the Intellectual Property Rights of any third party; 

it owns or has the right to provide under valid and enforceable agreements all software; 

no malicious code shall be coded or introduced into the Services, or the information technology environment of the Customer; 

Hive Streaming shall perform its obligations under this Agreement in compliance with all applicable laws and regulations; and 

Hive streaming warrants that the Services will conform to the service descriptions under normal use. 

In the event of any breach of any of the warranties set out in this Section 1.6 (Warranties), without prejudice to any other right Customer may have, Customer may require Hive Streaming at its own expense to remedy the breach forthwith. 

 

EXCEPT AS OTHERWISE SET FORTH HEREIN, HIVE STREAMING WARRANTS THAT THE SERVICES WILL CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE. HIVE STREAMING MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES WILL BE FREE OF ERRORS. HIVE STREAMING DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; OR (D) ERRORS OR DEFECTS WILL BE CORRECTED OTHER THAN FOLLOWING THE PROCEDURES STATED IN THE SERVICE LEVEL TERMS. THE SERVICE IS PROVIDED TO CUSTOMER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY HIVE STREAMING. 

 

1.7.     Indemnification for infringement claims 

Indemnification by Hive Streaming. Subject to sections 3.4 b) Infringement Cures and 3.4 c) Limitation below, Hive Streaming shall indemnify and defend Customer against any third party Infringement Claim brought against Customer, and pay reasonable attorney’s fees, court costs, damages finally awarded, or reasonable settlement costs with respect to such Infringement Claim; provided that: (i) Customer promptly notifies Hive Streaming in writing of an Infringement Claim such that Hive Streaming is not prejudiced by any delay of such notification; (ii) Hive Streaming will have sole control over the defense and any settlement of any Infringement Claim; and (iii) Customer will provide reasonable assistance in the defense of same. Hive Streaming will reimburse Customer for reasonable expenses incurred in providing such assistance. Customer may participate in the defense or settlement of such a claim with counsel of its own choice and at its own expense, however, Customer shall not enter into any settlement agreement or otherwise settle any such claim without Hive Streaming’s express prior written consent. 

Infringement Cures. If Customer’s use of any of the Services is, or in Hive Streaming’s opinion is likely to be, enjoined as a result of an Infringement Claim, Hive Streaming shall, at its sole option and expense, either (i) procure for Customer the right to continue to use the Services as contemplated herein, or (ii) replace or modify the Services to make their use non-infringing without degradation in performance or a material reduction in functionality. If options (i) and (ii) above are not reasonably available, Hive Streaming may, in its sole discretion and upon written notice to Customer, terminate this Agreement, cancel access to the Services and refund to Customer any prepaid, but unused Fees. 

 Hive Streaming assumes no liability, and shall have no liability, for any Infringement Claim based on (i) Customer’s access to or use of the Services following notice of an Infringement Claim; (ii) any modification of the Services by Customer or an agent acting on behalf of the Customer; (iii) Customer’s combination of the Services with third party programs, services, data, hardware, or other materials, unless Hive Streaming authorized such combination; or (iv) any trademark or copyright infringement involving any marking or branding authorized or provided by Customer. 

Exclusive Remedy. THE FOREGOING STATES HIVE STREAMING’S SOLE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT CLAIM HEREUNDER.  

Indemnification by Customer. Customer shall indemnify and defend Hive Streaming against any third party claim brought against Hive Streaming resulting from a breach of Section 3.1 Limitations on Use, or Section 5.4 Customer Accounts and shall pay reasonable attorney’s fees, court costs, damages finally awarded, or reasonable settlement costs with respect to any such claim; provided that: (i) Hive Streaming promptly notifies Customer in writing of such a claim such that Customer is not prejudiced by any delay of such notification, (ii) Customer will have sole control over the defense and any settlement of any such claim, and (iii) Hive Streaming will provide reasonable assistance in the defense of same. Customer will reimburse Hive Streaming for reasonable expenses incurred in providing such assistance. Hive Streaming may participate in the defense or settlement of such a claim with counsel of its own choice and at its own expense; however, Hive Streaming shall not enter into any settlement agreement or otherwise settle any such claim without Customer’s express prior written consent. 

1.8. Limitation of Liability 

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE SERVICES, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

1.9. Term and Termination 

The ToS shall apply as of Customer’s first access to the Service and will remain in full force and effect for as long as Customer has access to the Service. . The Service Period shall commence on the Start Date for a twelve (12) month initial period, and shall thereafter automatically renew for an additional twelve (12) month renewal period on each anniversary thereof, unless Customer provides a cancelation notice through Microsoft Azure Marketplace at least thirty(30) days prior to expiration of the then-current period. . 

Termination for Cause. Either party may terminate the Agreement (i) if the other party breaches any of its material obligations under the Agreement and fails to cure within ninety (30) days of receipt of written notice from the non-breaching party, or (ii) if the other party becomes insolvent or bankrupt, liquidated or is dissolved, or ceases substantially all of its business, or (iii) immediately for a breach by Customer of Section 1.1 Right to Use Service, or Section 1.4 Limitations on Use, or Section 1.5 Proprietary Rights, or Appendix 5 Customer Accounts. 

Effect of Termination. Upon termination of an Order for any reason, Customer will immediately discontinue all access and use of the Services provided under that Order. .Hive Streaming has no obligation to maintain Customer Data following termination and, in any event, will destroy or delete Customer Data within thirty (30) days of Customer request, subject to compliance with Hive Streaming policies and applicable law. Neither party shall be liable for any damages resulting from termination of the Agreement provided, however, termination shall not affect any claim arising prior to the effective termination date. 

 

The provisions of Section 1.2 Fees and Payment, Section 1.6 Warranties, Section 1.7 Indemnification, Section 1.8 Limitation of Liability, Section 1.9) Effect of Termination, Section 1.10 Notices, Section 1.11 Nondisclosure and Appendix 5 Customer Data And Security Terms shall survive any termination of the Agreement. 

1.10.  Additional Terms 

This Agreement may not be assigned by either party without the prior written approval of the other party except that a party may assign this Agreement without the other party’s consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. 

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The failure of any Party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the other Party in writing. 

Compliance with laws. In connection with the use of the Services under the Agreement, each party agrees to comply with all applicable laws and regulations including, but not limited to, export and import, data protection, and privacy laws and regulations. Specifically, Customer shall provide the relevant persons and participants with all information or notices Customer is required by applicable privacy and data protection laws to provide and, if necessary, obtain the consent of or provide choices to such persons and participants as required. Notwithstanding any other provision in this Agreement, Hive Streaming shall have the right to immediately terminate this Agreement for noncompliance with applicable laws.  

Force Majeure. Neither party shall be responsible for any delay or failure in performance of any part of the Agreement to the extent that such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil, or military authority, act or omission of telecommunications data carriers, or other similar causes beyond its control. If any such an event of force majeure occurs and such event continues for thirty (30) days or more, the party delayed or unable to perform shall give immediate notice to the other party, and the party affected by the other’s delay or inability to perform may elect at its sole discretion to resume performance of such order once the condition ceases with the option of the affected party to extend the period of this Agreement up to the length of time the condition endured. 

Unless otherwise agreed, either party may give notice by written communication sent by first class mail or pre-paid post to (i) for Customer, the address on record in Hive Streaming’s account information, and (ii) for Hive Streaming, the address below: 

Hive Streaming AB, Customer Business Manager, Franzéngatan 5, 112 51 Stockholm, Sweden. 

Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post). 

Entire Agreement. This Agreement, together with any applicable Order(s), comprises the entire agreement between Customer and Hive Streaming and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. No text or information set forth on any other form or document shall add to or vary the terms and conditions of the Agreement unless signed by an authorized representative of both parties. 

1.11. Nondisclosure 

The parties of this Agreement shall not disclose Confidential Information to any third parties, or use it except in connection with performance of its obligations under this Agreement. The parties shall restrict Confidential Information to its employees who need it in connection with performance under this Agreement and who are legally obligated by written agreement to protect such Confidential Information to at least the same extent that the parties are obligated hereunder. 

The parties’ obligations with respect to Confidential Information shall not apply to any Confidential Information that: 

was in the public domain at the time of signing of this Agreement or later becomes public other than by breach of the confidentiality undertakings by the receiving party (“Recipient”); or 

was known to the Recipient prior to the disclosure by the possessing party (“Owner”) and which can be shown in writing; or 

was disclosed to the Recipient by a third party which can be shown who had not received the information, directly or indirectly, from the Owner; or 

was independently developed by an employee or a consultant to the Recipient without use of or reliance on the Confidential Information of the Owner; or 

the Recipient is required to disclose to an administrative agency or other governmental body or a court under applicable law or other regulation, provided that the Recipient has notified the Owner of such requirement in question. 

1.12. Applicable Law and Choice of Law 

1. Customers domiciled in the US

The Agreement shall be governed by and construed in accordance with the laws of the State of New York pertaining to contracts made and fully performed therein, without regard to choice or conflict of law principles. 

The parties agree to the exclusive jurisdiction of the federal or state courts in New York, New York, as the case may be, and waive any objection to laying venue in any such action or proceeding in such courts, or that such courts are an inconvenient forum or do not have jurisdiction over such party. 

B: Customers domiciled outside the US 

This Agreement shall be governed and construed in accordance with the laws of Sweden, without regard to choice or conflict of laws principles. 

All disputes arising out of or in connection with the present contract shall be exclusively and finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The seat of arbitration shall be Stockholm, Sweden and the language to be used in the arbitral proceedings shall be English. 

Appendix 1 – SERVICE DESCRIPTION 

Services Overview 

Hive Steaming offers a collection of solutions and tools for software-based video distribution and network analysis. 

Hive Streaming is video distribution service including but not limited to the following features: 

Distribution of live and on-demand video and audio streams; 

Support for common multi bitrate HTTP streaming formats, including DASH, Smooth Streaming, HDS and HLS; 

Advanced reporting with detailed event statistics; 

Pre-play live or VoD events to test the entire video production work-flow prior to key events (“Silent Testing”) 

Hive Insights is a video and network reporting and analytics service. Hive Insights might not be available for all Use Levels. The service includes the following features: 

Advanced Event Reports; 

View streaming performance from site level down to devices 

Get actionable reports – Best sites, Worst QoE etc. 

Drill into individual viewer experiences, including player events, buffer behavior & errors 

Interactive graphs 

Explore video streaming performance at site, subnet or device level; 

Visualize peering behavior during the event. 

Activating Services 

Customer must activate Hive Services for their Hive supported video platform(s). Once the video platform is activated, the Customer will get access to Hive Portal. Hive Portal is the service platform for accessing Customer’s account and event services such as Hive Insights analytics.  

Customer is expected to provide user contacts details, name(s) and e-mail(s), during activation for self-service administration of the Customer’s account in Hive Portal.  

Hive Insights require only an active Hive Services Customer account in Hive Portal. Hive Insights runs in the browser and requires no software installation. 

Operations 

Hive Streaming is responsible for operating all parts of the Services, including deploying updates and patches. 

Hive Support Center access for Customer support according to Service Level Terms, Appendix 4. 

Appendix 2 – LICENSED SOFTWARE 

“License Period” means the time during which a Customer is licensed to use the Software pursuant to an Order. 

 

License Grant 

Hive Streaming grants to the Customer the worldwide, irrevocable, non-assignable, non-exclusive license to use and have used and/or reproduce and have reproduced the Software within Customer’s premises in order to operate the Services.  

Limitations of License 

The Licensed Software shall be subject to the limitations and rights set forth in Appendix 1 

License Term 

A Customer’s License Period is granted from the Effective Date as stated in the Order. The License Period ends and the entire license grant will be terminated with the termination of the Agreement. At termination, all Customer copies and reproductions of the Software shall be deleted. 

 

Appendix 3 – SYSTEM REQUIREMENTS 

Software Requirements 

The Hive Streaming Client software is supported on the following operating systems:  

Microsoft: 

Windows 10 64-bit 

Windows 10 32-bit 

or later versions 

Apple: 

Apple Mac OS X via DMG and PKG packages 

Appendix 4 – SERVICE LEVEL TERMS 

Definitions 

 “Connection Point” means the point or points where Hive Streaming connects the Services to a general electronic communications network, except where otherwise agreed. 

“Customer Support” means the services by which Hive Streaming may provide assistance to Customer to resolve issues with the Services. 

“Downtime” (“D”) means the period of downtime within the agreed hours of service minus the time of Permitted Downtime. Downtime is calculated from the moment in time the failure in availability is reported by the Customer or measured by Hive Streaming (whichever is earlier) until the Service becomes available. When determining availability in accordance with the formula in Section 1.4, downtime shall not include downtime that is not the responsibility of Hive Streaming in accordance with Section 1.2. 

“Error” means an Incident caused by a software bug in the Services or the Software. 

“Incident” means any set of circumstances, including an Error, resulting in a failure to meet a Service Level. 

“Maximum Connectivity Minutes” (“MCM”) is the total accumulated minutes during a Service Period for Service Domains. Maximum Connectivity Minutes is measured from the time when Customer has initiated a Service instance to the time Customer has stopped or deleted the Service instance. 

“Patch(es)” means additional programming code to be installed and integrated with the Software and the Service to correct an Error or alleviate its effects. 

“Permitted  Downtime” (“PD”) means (i) planned service and maintenance about which the Customer has been informed at least one (1) week in advance and which is limited to weekend downtime only in excess of one (1) hour per month outside of weekends, unless otherwise agreed by Customer or (ii) other downtime at the request of the Customer. 

“Service Credit” is the percentage of one month’s service fee for the Service that is credited to Customer for a validated Claim. 

“Service Interval” means a full calendar month during which the Services are provided to a Customer. 

 “Service Level” means the service levels specified in Section 1.1. 

“Service Level Failure” means Hive Streaming’s failure to meet the Service Levels. 

 “Service Request” means a Service Incident reported by the Customer to the Service support desk. 

“Service Domain” refers to a set of Internet nodes from where the Service can be accessed by the Customer or Service software downloaded by the Customer’s Users. 

“Update” means a modification, correction or addition to the Service or documentation, including upgrades and enhancements that Hive Streaming makes available to its licensees as a part of the standard support services. 

“Workaround(s)” means a series of instructions, procedural steps or usage clarifications to avoid an Error or circumvent its effects. 

Service Level Exclusions 

Service Credits are never awarded for performance or availability issues related to any of the following: 

1. Due to factors outside Hive Streaming’s reasonable control; 

1. That resulted from the Customer’s hardware or software; 

• That resulted from actions or inactions of the Customer or the Customer’s employees, agents, or contractors, in violation of this Agreement; 

1. Caused by the Customer’s use of the Service after Hive Streaming advised the Customer to modify its use of the Service, if the Customer did not modify its use as advised; 

1. During beta and trial Services (as disclosed by Hive Streaming); 

1. Solutions and products that Hive Streaming provide free of charge; or 

• Applications or software that the Customer creates and produces using data and information obtained as a result from using the Service. 

Service Credits 

Hive Streaming will at all times monitor Service Levels and detect and record any Downtime. In the case of Service Level Failures, the Customer will be granted Service Credits automatically. 

The amount and method of calculation of Service Credits are described below. Service Credits are calculated for each Service Interval. Service Credits granted in any Service Interval shall not, under any circumstance, exceed the Service Fees due by the Customer for the specific Service Interval during which the Incident occurred. Any Service Credit granted will be credited to the Customer the month following the Service Level Failure. 

Service Levels 

Availability of the Service means the availability at Connection Points and measuring of Service Levels means measuring the availability of Connection Points.  For every customer instance of the Services, Hive Streaming will provide external monitoring of the following Connection Points: 

• Hive Streaming Helper Services access points 
• Hive Streaming Admin Portal 
• Hive Streaming Software repository 

Agreed Availability for the Services measured per Service Interval is:

Monthly Uptime Percentage	Service Credit
<99.9%	5%
<99%	15%
<95%	100%

Availability is calculated using the following formula: 

Availability (%) = (MCM – PD* – D) / (MCM – PD*) x 100 

* Excluding downtime for which Hive Streaming is not responsible, in accordance with Section 1.2. 

Incidents 

Hive Streaming shall remedy Incidents in the Services that prevent the Services from substantially conforming to their specifications.  To meet the response and remedy times set out in this Appendix, the Customer approve that Hive Streaming may use and deploy suitable tests to produce on-site diagnostics, partial corrections and improvements of the Services and the Software, Patches, or a Workaround substantially providing the same functionality as would be obtained without the Error. 

Notice of Incidents. The Customer shall notify Hive Streaming of a Services problem by submitting a Service Request in English to the Service support desk via email to support@hivestreaming.com or by calling +1-877-919-7322. Service Requests shall contain sufficient information for Hive Streaming to be able to reproduce the problem or to be able to start a meaningful error analysis. 

Correction of Incidents. Hive Streaming shall examine and create a Remedy as soon as reasonably possible, but not later than within the time period set out in this Appendix. However, Hive Streaming will only address one Support Request at a time. If multiple Support Requests are made, each request may take up to 10 business days to remedy. Hive Streaming will prioritize support requests based on their chronological order. 

Response and Remedy Times

Appendix 5- CUSTOMER DATA AND SECURITY TERMS 

Collection of Customer Data 

In order for the Services to function and for Hive Streaming to fulfil the Service Levels in Section 4 Service Level Terms, the Software collects from the Customer’s computing devices data about operating system, hostname, IP-address, CPU, memory, disk and network capacity. 

HIVE STREAMING SERVICES DO NOT COLLECT NOR STORE ANY CUSTOMER VIDEO CONTENT. 

Note for the sake of clarity: As described in Section 1.9 the Customer may, unconnectedly from the Services, provide Hive Streaming with personally identifiable information for certain users to access support, information and administration functions linked to the Services. 

 

Customer Data Rights 

Customer retains all rights to any and all of its Customer Data. The Customer, not Hive Streaming, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. 

 

Use of Customer Data 

Customer hereby grants to Hive Streaming a non-exclusive, non-transferable, worldwide right to use the Customer Data solely for provision of the Services, subject to the terms and conditions of this Agreement. All rights not expressly granted by Customer herein are reserved by Customer and its licensors. 

 

Customer Accounts 

Customer is solely responsible for (i) the configuration of Customer’s Services account, (ii) the operation, performance and security of Customer’s equipment, networks and other computing resources used to connect to the Services, (iii) ensuring all users exit or log off from the Services at the end of each session, (iv) maintaining the confidentiality of Customer’s accounts, user id’s and passwords used in conjunction with the Services, and (v) all uses of the Services by Customer and its users. Access credentials for the Services are considered as strictly confidential information and shall be handled in a secure manner by the Customer to prevent unauthorized use of the Services.  

Customer will notify Hive Streaming immediately of any unauthorized use of its account or any other breach of security. Hive Streaming will not be liable for any loss that Customer may incur as a result of a third party using its password or account, and Customer may be held liable for any such losses incurred by Hive Streaming or another party. 

Customer shall comply with all applicable laws related to the Customer Data in relation to provision of Customer Data to Hive Streaming within the Services, including providing all information or notices Customer is required by law to provide to users and obtain consent of the users, where required. 

 

Location of Data Processing and Customer Data at Rest 

Hive Streaming will process and store Customer Data at rest within Microsoft Azure’s data centers in the United States and Western Europe. 

 

Deletion of Customer Data 

Hive Streaming will delete all Customer Data upon the termination of this Agreement. 

 

Customer Data Security 

Hive Streaming shall apply reasonable technical, organizational and administrative security measures to keep Customer Data protected in accordance with industry standards. Hive Streaming has implemented and will maintain and follow appropriate technical and organizational measures intended to protect Customer Data against accidental, unauthorized or unlawful access or disclosure. 

 

Security Compliance 

If Hive Streaming will be given access to Customer’s computing devices and the Customer Network in connection with the performance of the Services, Hive Streaming will comply with Customer’s applicable security policies, procedures and requirements. Hive Streaming will ensure that only those Hive Streaming employees, agents and representatives who are specifically authorized to gain access to the Customer Network will gain such access. 

 

Personal Data Collected 

As provided by the Customer, Hive Streaming may collect some personal data to effectively and securely operate support, information and administrative functions linked to the Services. Personal data are provided by the Customer when creating a Hive Streaming user account, accessing a Hive Streaming service that requires sign in, or contacting Hive Streaming for support. Hive also use cookies and other similar technologies to collect personal data to improve the user experience of the Hive websites. 

Hive ensures that any personal data collected is securely stored and that it will never be shared with third parties. 

Hive Streaming will delete all Personal Data upon the termination of this Agreement.