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XAHIVE Terms of Service and Licensing Agreement (xahive.ca)

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Effective date: February 21, 2026
These Terms of Service and Licensing Agreement (“Terms”) form a legally binding agreement between you and XAHIVE Canada Inc. (“XAHIVE,” “we,” “us,” “our”) governing your access to and use of xahive.ca and our Services.


1) Definitions
 

  • “Site” means xahive.ca and related web pages.

  • “Services” means our hosted applications, features, APIs, and support.

  • “Software” means any client application, mobile app, or downloadable component we provide.

  • “Customer Content” means any data, files, text, images, or other content you upload, transmit, or create in the Services.

  • “Output” means results generated by the Services (including AI-generated results) based on inputs.

  • “Documentation” means user guides and materials we publish for the Services.

  • “You” means the individual accepting these Terms or the entity you represent.


2) Acceptance of Terms


By accessing or using the Site/Services, you agree to these Terms. If you do not agree, do not use the Site/Services.

If you use the Services on behalf of an organization, you represent you have authority to bind that organization, and “you” includes the organization.


3) Privacy and security


Our Privacy Policy (above) is incorporated by reference and explains how we handle personal information.


4) Eligibility and accounts


You must be legally able to form a binding contract. You are responsible for:
 

  • maintaining accurate account information,

  • safeguarding credentials and access tokens,

  • all activity under your account.


We may suspend or terminate accounts for suspected misuse, security risk, or violations of these Terms.


5) Licenses and permitted use


A. Site/Services license


Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business or personal purposes (as applicable to your plan).


B. Software license


Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Software solely as necessary to access and use the Services.


C. Plan limits


Use may be subject to plan limits, fair use constraints, and technical restrictions (e.g., rate limits). You agree not to bypass or disable security or access controls.


6) Acceptable use and restrictions


You will not (and will not allow others to):
 

  • violate any applicable law or regulation;

  • infringe intellectual property or privacy rights;

  • upload malicious code, attempt unauthorized access, or probe/scan systems;

  • interfere with the integrity or performance of the Services;

  • use the Services for high-risk activities where failure could lead to death, bodily injury, or physical property damage (unless explicitly agreed in writing);

  • reverse engineer or attempt to derive source code except to the extent prohibited by law;

  • use the Services to build or benchmark a competing product without our written consent;

  • submit Customer Content that you do not have rights to use.


7) Customer Content, Output, and AI features


A. Your rights in Customer Content
 

You retain all rights to Customer Content. You represent and warrant you have all necessary rights and permissions to provide Customer Content to XAHIVE.


B. License to operate the Services
 

You grant XAHIVE a worldwide, non-exclusive, royalty-free license to host, reproduce, process, transmit, and display Customer Content only as necessary to:
 

  • provide, maintain, and secure the Services,

  • support your use,

  • comply with law, and

  • enforce these Terms.


C. AI/ML and model training


Unless you explicitly opt in (or your organization does via an admin setting or written agreement), XAHIVE will not use Customer Content to train or fine-tune general-purpose models for other customers. We may use Customer Content to provide the requested AI feature (processing inputs to generate Output) and for safety/security controls.


D. Output and your responsibilities


Output may be incorrect, incomplete, or inappropriate for your specific context. You are responsible for:
 

  • reviewing Output before relying on it,

  • ensuring your use complies with law and professional obligations,

  • not using Output in a way that violates third-party rights.


E. High-risk AI / discrimination safeguards (where applicable)


If you deploy the Services in contexts that could materially affect individuals (e.g., credit, housing, employment, education, healthcare, insurance, or other consequential decisions), you agree to:
 

  • conduct appropriate testing and impact/risk assessments,

  • implement human oversight where appropriate,

  • monitor for and mitigate discriminatory outcomes,

  • provide notices and appeal/human review mechanisms where required by law (including certain U.S. state AI frameworks).


8) Third-party services


The Services may integrate with third-party services (e.g., cloud hosting, analytics, communications). Third-party services are subject to their own terms and privacy practices. We are not responsible for third-party services you choose to use.


9) Fees, subscriptions, and taxes (if applicable)


If you purchase paid Services:
 

  • fees, billing cycles, renewal terms, and plan details will be presented at purchase or in an order form;

  • you authorize us (and our payment processor) to charge applicable fees and taxes;

  • all fees are non-refundable except as required by law or expressly stated.


10) Confidentiality


Each party may receive confidential information. You agree to protect our confidential information with reasonable care and use it only to exercise your rights under these Terms. We will protect your confidential information similarly, subject to our legal obligations and the Privacy Policy.


11) Intellectual property


We and our licensors own the Site, Services, Software, Documentation, and all related intellectual property rights, excluding Customer Content. No rights are granted except as expressly stated.


12) Feedback


If you provide suggestions or feedback, you grant us the right to use it without restriction or compensation.


13) Copyright complaints (DMCA)


If you believe content on the Services infringes copyright, you may submit a notice under the DMCA.

Designated Agent (DMCA):
XAHIVE Canada Inc.
xahive Canada Inc, (Fairmont Chateau Laurier)1 Rideau St, Ottawa, K1N 8S7
sem@xahive.com
1-613-286-6484


14) Suspension and termination


We may suspend or terminate access if:

  • you violate these Terms,

  • your use poses a security risk,

  • we are required to do so by law, or

  • continued operation is impractical.


You may stop using the Services at any time. Upon termination, your right to use the Services ends. Provisions that should survive (e.g., IP, disclaimers, liability limits) will survive.


15) Disclaimers


THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.


16) Limitation of liability


TO THE MAXIMUM EXTENT PERMITTED BY LAW, XAHIVE AND ITS REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XAHIVE’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO XAHIVE FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR, IF NONE, CAD $100).


Some jurisdictions do not allow certain limitations; in those jurisdictions, these limitations apply to the greatest extent permitted.


17) Indemnification


You will indemnify and hold harmless XAHIVE and its representatives from claims arising out of:
 

  • your Customer Content,

  • your breach of these Terms,

  • your violation of law, or

  • your misuse of the Services.


18) Governing law and venue


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 laws rules.

You agree to the exclusive jurisdiction of the courts located in Ottawa, Ontario, except where applicable law requires otherwise.


19) Changes to Terms


We may update these Terms from time to time. Continued use after an update means you accept the updated Terms. If changes are material, we will take additional steps as required by law.


20) Contact
 

  • Email: sem@xahive.com

  • Phone: 1-613-286-6484

  • Mail: xahive Canada Inc, (Fairmont Chateau Laurier)1 Rideau St, Ottawa, K1N 8S7

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