1. Agreement to these Terms
These Terms of Service govern access to and use of NectarPay, a payment and point-of-sale software product provided by Hiveway Inc. By creating an account, accessing NectarPay, or using the service on behalf of a business, you agree to these Terms for yourself and for the business you represent.
If you are using NectarPay on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. If you do not agree to these Terms, do not create an account or use NectarPay.
2. About NectarPay
NectarPay provides software and related services for payment, point-of-sale, reporting, catalog, customer, terminal, receipt, tax, webhook, scheduled report, and related business workflows. NectarPay is intended for business use only.
Hiveway Inc. is not a bank, card network, payment processor, money transmitter, or financial institution. Payment processing and related financial services are provided by third-party providers, including Stripe or other processors that may be made available through NectarPay.
3. Eligibility and third-party processor requirements
To use payment-related NectarPay features, you must maintain any required payment-processor accounts in good standing and comply with the applicable provider terms, policies, technical requirements, card-network rules, and payment-method rules.
Your use of third-party payment processing services is governed by your agreement with those providers, not these Terms. Some NectarPay functionality may depend on processor availability, processor permissions, account configuration, geography, hardware, or other operational requirements.
4. License
Subject to these Terms, Hiveway Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use NectarPay for your internal business purposes.
This license is provided only in accordance with these Terms and any applicable plan, subscription, documentation, or written agreement with Hiveway Inc.
5. Restrictions
You may not, and may not permit any third party to:
- copy, modify, translate, or create derivative works of NectarPay except as expressly permitted by Hiveway Inc.
- reverse engineer, decompile, disassemble, or otherwise attempt to discover source code or underlying components, except where prohibited by law
- sell, resell, license, sublicense, distribute, or commercially exploit NectarPay except as expressly permitted by Hiveway Inc.
- use NectarPay to violate law, infringe rights, process fraudulent transactions, or support prohibited businesses
- bypass or attempt to bypass technical limitations, entitlements, usage restrictions, security controls, or plan limits
- interfere with, overload, probe, scan, or attempt unauthorized access to NectarPay, Hiveway Inc., payment processors, or third-party systems
6. Merchant responsibilities
You are responsible for:
- your products, services, business operations, transactions, customers, taxes, refunds, returns, chargebacks, disputes, fulfillment, and receipts
- the accuracy of account, business, location, product, tax, customer, terminal, reporting, webhook, and transaction information entered into NectarPay
- your personnel, contractors, administrators, employees, and other authorized users who access NectarPay
- reviewing payment, refund, authorization, capture, tax, receipt, report, and processor outcomes
- complying with applicable payment, tax, privacy, consumer protection, recordkeeping, and other laws that apply to your business
- maintaining appropriate internal controls over devices, networks, terminals, integrations, credentials, and account access
7. Fees, subscriptions, cancellations, and refunds
Fees, subscription plans, processor charges, hardware costs, and other charges may apply to your use of NectarPay. You authorize charges and subscription billing in accordance with the pricing and plan you select or otherwise agree to.
You may cancel a subscription at any time, but unless otherwise stated in a separate written agreement, cancellation takes effect at the end of the then-current billing period. Fees already paid are non-refundable except where required by law or expressly agreed by Hiveway Inc.
You remain responsible for fees incurred before cancellation, processor fees, chargebacks, disputes, refunds owed to your own customers, and other obligations arising from your use of NectarPay before cancellation. Hiveway Inc. may change pricing or plan structure prospectively as permitted by law and your subscription terms.
8. Third-party services
NectarPay may rely on third-party services, including payment processors, cloud hosting, authentication, analytics, communications, email, support, monitoring, storage, security, and integration providers.
Hiveway Inc. is not responsible for the availability, performance, acts, omissions, changes, restrictions, or termination of third-party services. If a third-party service is unavailable, changed, restricted, or terminated, some or all NectarPay functionality may be unavailable or affected.
9. Data and privacy
Our collection and use of personal information is described in the NectarPay Privacy Policy. By using NectarPay, you acknowledge that business, user, customer, transaction, device, support, and usage information may be processed to provide, secure, support, and improve the service.
Hiveway Inc. does not collect or store full payment card numbers or CVV codes through NectarPay. Payment processing and sensitive card data handling are performed by payment processors such as Stripe.
You represent and warrant that you have all necessary rights, permissions, notices, consents, and legal bases to provide information to NectarPay, including information about your customers, personnel, and business contacts.
10. Intellectual property and feedback
Hiveway Inc. and its licensors own NectarPay, including the software, design, interfaces, documentation, trademarks, and related intellectual property. These Terms do not transfer ownership of NectarPay to you.
You retain ownership of your business data. You grant Hiveway Inc. the rights necessary to host, process, transmit, display, and use that data to provide, secure, support, and improve NectarPay. If you provide feedback or suggestions, Hiveway Inc. may use them without restriction or compensation.
11. Service availability and changes
Hiveway Inc. may update, improve, modify, suspend, or discontinue NectarPay or any feature at any time, with or without notice. We aim to provide reliable service, but NectarPay may be unavailable due to maintenance, outages, third-party service issues, or events beyond our control.
We do not guarantee that NectarPay will always be available, uninterrupted, error-free, or compatible with all processors, reader hardware, workflows, account configurations, integrations, or business requirements.
12. Support
Hiveway Inc. may provide support for NectarPay through documentation, support portals, or direct assistance, but we are not obligated to provide any particular level of support unless separately agreed in writing. Support response times, hours, and channels may vary.
13. Beta, preview, or experimental features
From time to time, Hiveway Inc. may offer features identified as beta, preview, early access, or experimental. Those features may be incomplete, changed, unreliable, or discontinued at any time and may be subject to additional terms.
Hiveway Inc. makes no commitments regarding the continued availability, final form, or production readiness of beta, preview, or experimental features.
14. Disclaimer of warranties
NECTARPAY IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIVEWAY INC. DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR THAT NECTARPAY WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
HIVEWAY INC. DOES NOT WARRANT THAT NECTARPAY WILL MEET YOUR REQUIREMENTS, PRODUCE ANY PARTICULAR BUSINESS RESULT, OR PREVENT PAYMENT ERRORS, READER FAILURES, TAX ERRORS, BILLING ISSUES, CHARGEBACKS, CUSTOMER DISPUTES, FRAUD, OR REGULATORY NON-COMPLIANCE.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIVEWAY INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATED TO NECTARPAY OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIVEWAY INC.’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO NECTARPAY OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO HIVEWAY INC. FOR NECTARPAY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR CAD 100.
Some jurisdictions do not allow certain disclaimers or limitations, so some of the above may not apply to you to the extent prohibited by law.
16. Indemnification
You will defend, indemnify, and hold harmless Hiveway Inc. and its affiliates, directors, officers, employees, contractors, service providers, licensors, and representatives from and against third-party claims, losses, liabilities, damages, costs, and reasonable legal fees arising out of or related to your use of NectarPay, your violation of these Terms, your violation of applicable law, your business operations, products, services, payments, refunds, taxes, customer interactions, submitted data, infringement or violation of third-party rights, illegal use, or violation of processor or card-network rules.
17. Suspension and termination
Hiveway Inc. may suspend or terminate access to NectarPay at any time, with or without notice, if you violate these Terms, create security, legal, operational, or reputational risk, fail to pay applicable fees, violate law or processor rules, if a processor suspends or restricts relevant services, or if Hiveway Inc. decides to discontinue NectarPay or a related offering.
You may stop using NectarPay at any time and may cancel any subscription in accordance with the applicable billing flow. Upon termination, the license granted under these Terms ends immediately, but sections that by their nature should survive will survive, including those related to fees owed, data, intellectual property, disclaimers, liability limits, indemnification, governing law, and dispute terms.
18. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to applicable law, courts located in Ontario, Canada will have exclusive jurisdiction over disputes arising out of or relating to these Terms or NectarPay, and you consent to that jurisdiction and venue.
19. Changes to these Terms
Hiveway Inc. may update these Terms from time to time. If we make material changes, we may provide notice by updating the effective date, through NectarPay, by email, or by other reasonable means. Your continued use of NectarPay after updated Terms become effective constitutes acceptance of the updated Terms.
20. General
These Terms constitute the entire agreement between you and Hiveway Inc. regarding NectarPay unless you and Hiveway Inc. have entered into a separate written agreement covering the service. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
Hiveway Inc.’s failure to enforce any provision of these Terms is not a waiver of that provision. You may not assign or transfer these Terms without Hiveway Inc.’s prior written consent. Hiveway Inc. may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of assets.