Terms of Service

These Terms of Service ("Terms") govern your access to and use of HiveReply (“we”, “our”, or “us”), an AI-powered messaging, automation, and lead management service for real estate agents, agencies, and their clients, available via web, WhatsApp, SMS, Facebook Messenger, email, and other supported channels. By accessing or using HiveReply, you (“user,” “agent,” “agency,” “staff,” or “end customer”) agree to these Terms and our Privacy Policy. If you do not agree, do not use the service.

1. Eligibility and Scope

• You must be at least 18 years old (or the age of majority in your country) to use HiveReply as an agent, staff, or account holder.
• HiveReply may be used by agents, agencies, their authorized staff, and as a messaging conduit for leads, buyers, or tenants (“end customers”).
• You are responsible for all activity under your account, including your staff or authorized users.

2. Description of Service

• HiveReply provides AI-powered responses, lead management, alerts, and message routing between agents/agencies and their clients, across WhatsApp, SMS, Facebook Messenger, web, email, and other channels.
• The service may use third-party providers and AI automation (OpenAI, Google, Meta, SMS/email, etc.) as described in our Privacy Policy.
• Trial accounts are for testing with shared/demo numbers. Paid accounts receive dedicated numbers and full access as per their selected plan.
• Some features may be provided in beta/early access and are offered “as is” without warranty.

3. AI and Machine-Generated Content Disclaimer

Some replies, recommendations, or actions may be generated or assisted by artificial intelligence and automated systems. While we strive for accuracy and usefulness, AI-generated content may be incomplete, incorrect, outdated, or misleading. **You are solely responsible for verifying important information before relying on AI outputs, and for ensuring any decisions made using the service are reviewed by a qualified human. HiveReply is not responsible for losses or damages caused by reliance on AI-generated content.**

4. User Responsibilities (Agents, Agencies, Staff)

• You must provide accurate contact, profile, and payment information.
• You must inform your clients (end customers) that their messages and data may be processed by HiveReply and subprocessors (including AI/third parties), as described in our Privacy Policy.
• You are responsible for account security and any data/messages sent from your account.
• You must obtain all required consents or legal bases to share client data with HiveReply and comply with applicable laws regarding your leads or customers.

5. End Customer (Leads/Clients) Terms

If you message or interact with an agent/agency via HiveReply, your data may be shared with the agent/agency and processed as described in our Privacy Policy. HiveReply is not responsible for the conduct or offers of third-party agents, agencies, or listings.

6. Plans, Trials, Subscriptions, and Payments

• Free trials are limited in duration and feature set, and may use shared/demo numbers for testing only. No live leads are sent to trial users.
• Paid plans are billed in advance via Stripe or other processors. Usage limits and plan details are as described on our website.
• Cancellations stop future billing but do not entitle you to refunds unless required by law. Downgrades/plan changes take effect on the next billing cycle.
• Non-payment may result in suspension or termination of your account and deletion of data.

7. Acceptable Use and Restrictions

You may NOT use HiveReply to:

• Send spam, advertising, or unsolicited messages not related to property/real estate
• Impersonate others, mislead, or conduct fraud
• Upload, send, or store malicious code, viruses, or illegal content
• Reverse-engineer, copy, scrape, or abuse the service or APIs
• Violate the terms/policies of integrated platforms (WhatsApp, Meta, Google, OpenAI, SMS/email, etc.)
• Violate any law, regulation, or third-party rights

8. Third-Party Services, Subprocessors, and Integrations

• HiveReply integrates with third-party platforms and vendors. Their use is subject to their own terms and privacy policies.
• We may add, remove, or change integrations or subprocessors. For enterprise or regulated customers, we will provide advance notice of material changes on request.
• HiveReply is not liable for interruptions, data loss, or errors caused by third-party services.
• If you require a Data Processing Addendum (DPA) for compliance, please contact legal@hivereply.com.

9. Data, Privacy, Security, and Portability

• Your use is subject to our Privacy Policy.
• Data is encrypted in transit and, where possible, at rest. Retention and deletion are per our Privacy Policy.
• Upon written request and subject to verification, HiveReply will provide account holders with an export of their leads, messages, and account data in a machine-readable format.
• Enterprise clients may request custom retention or export arrangements via DPA.

10. Service Levels, Uptime, and Beta Features

• We aim for 99.5% uptime, excluding planned maintenance and force majeure events. Service credits or SLAs are available to enterprise clients by separate agreement.
• Beta features or early access tools are offered “as is,” may change or be discontinued without notice, and may not be covered by SLAs.

11. API Terms (If Provided)

If you use HiveReply APIs, you agree to comply with all documentation, rate limits, and security requirements. Abuse, scraping, or unauthorized use may result in API access being suspended or revoked at our discretion.

12. Feedback and Suggestions

If you submit feedback, ideas, or suggestions, you grant HiveReply the right to use them for any purpose without restriction or compensation.

13. Force Majeure

HiveReply is not liable for failure or delay due to events beyond our reasonable control, including but not limited to natural disasters, cyberattacks, outages, strikes, wars, government action, or third-party service interruptions.

14. Intellectual Property

• All software, branding, designs, and content (excluding user-submitted data) are the property of HiveReply or its licensors.
• You may not copy, reproduce, modify, or use HiveReply branding without written permission.

15. Termination and Suspension

• We may suspend or terminate your access immediately for breach of these Terms, abuse, fraud, non-payment, or if required by law.
• You may stop using HiveReply at any time. Upon termination, your access ends and data may be deleted according to our Privacy Policy.

16. Disclaimers and Limitations of Liability

• HiveReply is provided “as is” and “as available,” without warranties of any kind.
• We do not guarantee the accuracy, timeliness, or completeness of replies, AI-generated content, or third-party data.
• We are not liable for indirect, incidental, or consequential damages, lost profits, or data loss arising from use of the service.
• Our total liability shall not exceed the fees paid by you in the preceding 12 months, to the extent permitted by law.

17. Indemnification

You agree to indemnify and hold harmless HiveReply, its directors, employees, and partners, from any claims, damages, or expenses arising from your use (or your users’ use), your breach of these Terms, or your violation of any law or rights of a third party.

18. Severability & Waiver

If any provision of these Terms is found unenforceable, the remainder will remain in effect. No waiver of any right is effective unless in writing.

19. Changes to Terms

We may update these Terms at any time for legal, regulatory, or business reasons. Changes will be posted at /terms-of-service.html. Continued use after changes constitutes acceptance. Material changes may be notified by email or in-platform alerts.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms or your use of HiveReply will be subject to the exclusive jurisdiction of the courts of New Zealand, unless otherwise required by law.

21. Contact and Complaints

For any questions, legal notices, or complaints regarding HiveReply or these Terms, contact: legal@hivereply.com
For unresolved privacy complaints, you may contact the NZ Privacy Commissioner: www.privacy.org.nz