This Terms of Service Agreement (“Agreement”) constitutes a binding legal contract between you (“You” or “User”) and Autnhive, Inc. (“Autnhive,” “Company,” “we,” or “us”), governing your access to and use of the website located at [www.autnhive.com] and any affiliated websites or services (collectively, the “Site”).
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SITE.
1. License and Restrictions on Use
Autnhive grants You a limited, non-exclusive, non-transferable, and revocable license to access and use the Site solely for lawful, personal, and non-commercial purposes, subject to these Terms. You shall not:
- a. Reproduce, modify, distribute, or publicly display the Site or its content for commercial purposes without Autnhive’s prior written consent;
- b. Use data mining, scraping, robots, or similar data gathering methods;
- c. Frame or mirror any part of the Site or circumvent any security or access restrictions;
- d. Upload or transmit malicious code, viruses, or engage in activity that interferes with the Site’s operation;
- e. Use the Site in violation of any applicable law or regulation.
2. Use of Site Materials
All materials and content made available on or through the Site, including text, images, graphics, sound, video,
software, and documentation (“Materials”), are owned by or licensed to Autnhive or its third-party providers and are
protected by intellectual property laws. You shall not:
- a. Reproduce, republish, upload, post, transmit, or distribute any Materials without Autnhive’s prior written
permission;
- b. Use Materials for commercial or derivative purposes unless expressly permitted in writing;
- c. Rely on Materials for accuracy or fitness for any specific purpose. Materials may be inaccurate, outdated, or
incomplete and are provided “AS IS.”
3. Account Responsibilities
If you create an account on the Site, you agree to:
- a. Maintain the confidentiality of your username and password;
- b. Accept responsibility for all activity under your account;
- c. Notify Autnhive immediately of any unauthorized use or security breach;
- d. Autnhive reserves the right to suspend or terminate accounts at its sole discretion.
4. Purchases and Transactions
All purchases of Autnhive’s products or services are governed by additional terms that will be presented at the time
of transaction. Unless stated otherwise:
- a. All purchases are final and provided “AS IS” without warranties;
- b. Autnhive disclaims all liability for errors, delivery issues, pricing changes, or product availability;
- c. You agree to be bound by any additional terms applicable to promotions, discounts, or product offerings.
5. Third-Party Links and Content
The Site may include links to third-party websites for your convenience. Autnhive does not control, endorse, or assume
any responsibility for third-party content, availability, or actions. Use of such websites is at your own risk. You
are solely responsible for taking appropriate precautions to protect yourself from malware, phishing, or other harmful
content.
6. Electronic Communications
By using the Site or communicating electronically with Autnhive, you consent to receive communications electronically,
including notices, agreements, disclosures, and other communications that satisfy legal requirements for written
communication.
7. Government Use
Any software or Materials provided through the Site for Government use are provided with restricted rights. Use,
duplication, or disclosure is subject to applicable regulations under DFARS 227.7202-3 or FAR 52.227-19.
8. User Submissions
Unless otherwise agreed in writing, any comments, feedback, data, or other submissions provided by you to Autnhive
(“Submissions”) shall be considered non-confidential and become the property of Autnhive. You agree to:
- a. Assign to Autnhive all rights, title, and interest in any Submissions;
- b. Warrant that Submissions are lawful and do not infringe any third-party rights;
- c. Authorize Autnhive to use, display, modify, and distribute Submissions without restriction or compensation.
9. Disclaimer of Warranties
THE SITE AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AUTNHIVE EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, AND ACCURACY. AUTNHIVE DOES NOT WARRANT THAT:
- a. THE SITE OR MATERIALS WILL BE ERROR-FREE OR UNINTERRUPTED;
- b. DEFECTS WILL BE CORRECTED;
- c. ANY CONTENT IS ACCURATE, CURRENT, OR RELIABLE;
- d. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH CASES, AUTNHIVE’S LIABILITY IS
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AUTNHIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF
THE SITE OR RELIANCE ON MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SITE.
11. Indemnification
You agree to indemnify, defend, and hold harmless Autnhive, its affiliates, officers, directors, employees, agents,
licensors, service providers, successors, and assigns from and against all claims, damages, liabilities, losses,
costs, and expenses (including attorneys’ fees) arising from or related to:
- a. Your access to or use of the Site;
- b. Your reliance on any Site content;
- c. Your violation of these Terms or any applicable law;
- d. Any Submission or content you provide;
- e. Your infringement of any intellectual property, privacy, or other rights of a third party;
- f. This indemnification obligation survives termination of this Agreement.
12. Force Majeure
Autnhive shall not be held liable for any failure or delay in performance caused by events beyond its reasonable
control, including but not limited to acts of God, war, cyberattacks, labor disputes, supply chain disruption,
pandemics, or internet outages.
13. Arbitration; Waiver of Class Actions
All disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance
with the rules of the Canadian Arbitration Association. You agree to resolve disputes on an individual basis and waive
any right to participate in class actions or jury trials. Venue for any arbitration shall be Oakville, Ontario.
14. Export Compliance
You agree to comply fully with all U.S. and Canadian export control laws and regulations. You shall not export or
re-export any Materials or software obtained from the Site to any country or entity prohibited by applicable law,
including embargoed nations or sanctioned individuals.
15. Modifications to Terms
Autnhive reserves the right to modify these Terms at any time by posting updated terms on the Site. Your continued use
of the Site after such changes constitutes your acceptance of the revised Terms.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and applicable
federal laws of Canada, without regard to conflict of laws principles. You consent to the exclusive jurisdiction and
venue of Courts located in Halton Region, Ontario.
17. Entire Agreement; Severability
These Terms constitute the entire agreement between you and Autnhive concerning the subject matter herein. If any
provision is found unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce
any provision shall not constitute a waiver of that right.
18. Intellectual Property Notices
The Site and all Materials are protected by copyright, trademark, and other intellectual property laws. Autnhive’s
name, logos, and related marks are trademarks of Autnhive, Inc. You may not use such marks without prior written
permission. Other product and company names may be trademarks of their respective owners.
19. Copyright Infringement (DMCA Notice)
If you believe your work has been used in a way that constitutes copyright infringement, please contact our Copyright
Agent with the following:
- a. Your physical or electronic signature;
- b. Identification of the copyrighted work;
- c. Description of the infringing material;
- d. Your contact details;
- e. A statement of good faith belief the use is unauthorized;
- f. A statement made under penalty of perjury of accuracy and authority.
20. Contact
For questions regarding these Terms or to request permissions, contact: legal@autnhive.com