1. Acceptance of These Terms
These Terms of Service (“Terms”) govern your access to and use of the website www.hyperhyve.com (the “Site”), any related
mobile applications or web dashboards (collectively, the “Services”), and the purchase and use of Hyper Hyve products,
including the ProTop and any related hardware, software, or connectivity (collectively, the “Products”). By accessing the Site,
creating an account, placing an order, or using any Product or Service, you agree to be bound by these Terms and our
Privacy Policy. If you do not agree, do not use the Site or Products.

2. Company Information
Hyper Hyve is operated with principal place of business at N7373 950th Street, River Falls, Wisconsin 54022, United States. Products are designed, assembled, and supported in the United States.

3. Eligibility and Accounts
You must be at least 18 years old and capable of forming a binding contract. You are responsible for maintaining the
confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized
use.

4. Products, Orders, and Availability
We sell finished inventory and may build products to order. All orders are subject to acceptance and availability. We reserve
the right to refuse or cancel any order. Prices, specifications, and availability are subject to change without notice. Product
images are illustrative; actual appearance may vary.

5. Pricing, Payment, and Taxes
Prices are listed in U.S. dollars unless otherwise stated. You are responsible for all applicable sales, use, VAT, GST, customs
duties, and import taxes. For international orders (Canada, European Union, Australia), you are the importer of record and
solely responsible for any duties, taxes, or clearance fees. Payment is processed through our third-party payment processor.
We do not store full payment card details.

6. Shipping and Risk of Loss
We currently ship to the United States, Canada, the European Union, and Australia. Shipping terms, processing times, and
costs are described in our Shipping & Returns Policy. Title and risk of loss pass to you upon delivery to the carrier.

International delivery times are estimates only and may be affected by customs.

7. Returns and Refunds
Returns are governed by our Shipping & Returns Policy. In summary, eligible unused items in original packaging may be
returned within 30 days of delivery. Return shipping is at your expense unless the item is defective or we made an error.

8. Limited Warranty
Hyper Hyve warrants our product hardware against defects in materials and workmanship under normal use for a period of
one (1) year from the date of original purchase. This limited warranty does not cover damage from misuse, improper
installation, unauthorized modification, accidents, acts of nature, or normal wear. Our sole obligation is repair, replacement, or
refund at our discretion. This warranty is exclusive and in lieu of all other warranties, express or implied, including
merchantability and fitness for a particular purpose, to the maximum extent permitted by law.

9. Software License (App, Dashboard, Firmware)
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Hyper Hyve
mobile application, web dashboard, and device firmware solely in connection with your authorized use of the Products. You
may not reverse engineer, decompile, modify, or create derivative works of the software except as permitted by law. We may
push over-the-air (OTA) firmware updates to improve security, performance, or features. You agree to allow such updates.

10. Connectivity and Cellular Service
Certain Products include a prepaid cellular data plan intended to provide connectivity for approximately ten (10) years under
normal use. Ongoing cellular service after that period, or any excess usage, is not guaranteed and may require additional fees
or a customer-supplied SIM. The only recurring fee currently charged by Hyper Hyve is the optional dashboard/monitoring
access fee described below.

11. Dashboard and Monitoring Access Fees
Access to the web dashboard and advanced monitoring features is available on a paid subscription basis (currently expected
in the range of $8–$12 per month for a small number of hives). Subscription fees, billing cycles, and features may change with
notice. Failure to maintain an active subscription may limit or disable cloud data access, historical data viewing, and certain
AI-powered insights, while local device functions may continue to operate.

12. Data Ownership, License, and Use of Sensor Data
The ProTop and related Products collect environmental and hive-related data (including but not limited to temperature,
humidity, sound, vibration, and related metrics) (“Sensor Data”).

Shared Rights. You and Hyper Hyve share rights in the Sensor Data generated by your devices. You may download and use
your own Sensor Data. Hyper Hyve may store Sensor Data in the cloud to provide the Services.

Anonymized / Aggregated Data. You grant Hyper Hyve a perpetual, irrevocable, worldwide, royalty-free license to use,
process, analyze, and commercialize Sensor Data in anonymized or aggregated form that does not identify you or your
specific location or hives. This includes the right to sell or license such anonymized/aggregated data to third parties.

AI and Machine Learning. You acknowledge and agree that Hyper Hyve may use Sensor Data (including data linked to your
account while providing the Service) to train, improve, and operate machine learning and artificial intelligence models for the
purpose of providing insights, alerts, and product improvement. Personal identifiers will be handled in accordance with our
Privacy Policy.

We primarily process and store data on servers located in the United States. Where required by applicable law (for example,
certain European data protection rules), we will implement appropriate safeguards or comply with lawful transfer mechanisms.

13. User Responsibilities and Acceptable Use
You are solely responsible for proper installation, placement, power, and maintenance of the Products; for the health and
management of your bee colonies; and for compliance with all applicable beekeeping, agricultural, and local regulations. You
agree not to use the Products or Services for any unlawful purpose, to attempt to interfere with the Services, or to
reverse-engineer the hardware or software beyond what is permitted by law.

14. Disclaimers
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HYPER HYVE DOES NOT WARRANT
THAT THE PRODUCTS OR ANY DATA, ALERTS, OR AI-GENERATED INSIGHTS WILL BE ACCURATE, COMPLETE, OR
ERROR-FREE, OR THAT THEY WILL PREVENT COLONY LOSS, DISEASE, OR ANY PARTICULAR OUTCOME.
BEEKEEPING INVOLVES MANY VARIABLES OUTSIDE OUR CONTROL. ANY RELIANCE ON SENSOR DATA OR AI
INTERPRETATIONS IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPER HYVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR COLONY LOSS, ARISING OUT OF OR RELATED
TO THESE TERMS, THE PRODUCTS, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID
TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING
THE CLAIM.

16. Indemnification
You agree to indemnify, defend, and hold harmless Hyper Hyve and its officers, directors, employees, and agents from and
against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the
Products or Services, your violation of these Terms, or your violation of any third-party rights or applicable law.

17. Intellectual Property
All content, software, firmware, designs, trademarks, and intellectual property on the Site and in the Products are owned by
Hyper Hyve or its licensors. You receive no ownership rights except the limited license granted in these Terms.

18. Termination
We may suspend or terminate your access to the Services or your account at any time for violation of these Terms or for any
other reason. Upon termination, your right to use the Services ceases. Provisions that by their nature should survive
(including data licenses, disclaimers, limitations of liability, and arbitration) will survive termination.

19. Governing Law and Binding Arbitration
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of law principles. Any dispute
arising out of or relating to these Terms, the Products, or the Services shall be resolved exclusively by binding arbitration
administered in Wisconsin under the rules of the American Arbitration Association. The arbitration shall take place in Pierce County, Wisconsin (or another mutually agreed location in Wisconsin). Each party shall bear its own costs unless the
arbitrator determines otherwise. You waive any right to a jury trial or to participate in a class action. Notwithstanding the
foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Wisconsin to protect
intellectual property or confidential information.

20. Changes to These Terms
We may update these Terms from time to time. The “Last Updated” date at the top will reflect changes. Continued use of the
Site or Services after changes constitutes acceptance of the revised Terms. Material changes will be communicated by
posting on the Site or by email when appropriate.

21. Contact Information
Questions about these Terms may be directed to: Admin@HyperHyve.com or by mail to Hyper Hyve, N7373 950th Street,
River Falls, WI 54022, United States.

22. Related Policies
These Terms should be read together with our Privacy Policy, Shipping & Returns Policy, and Store Policy, all available on
www.hyperhyve.com. In the event of a conflict, these Terms control with respect to the subject matter they specifically
address.

By using the Site, purchasing Products, or accessing the Services, you acknowledge that you have read, understood, and agree to these Terms of Service.