Terms Of Service
busHive® Cloud-Hosted Transportation Subscription Software Services
Thank you for selecting the transportation software services offered by busHive, Inc. a US-based software company having its corporate offices in Saratoga Springs, New York (referred to as "busHive", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and busHive. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the busHive online services provided to you on this website, including content, updates and new releases, (collectively, the "Software Services"). It includes by reference:
- busHive's Privacy Statement available on our website: https://bushive.com/privacy
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE BUSHIVE SOFTWARE SERVICES
- The busHive® Software Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the busHive® Software Services only for the purposes described by busHive. busHive reserves all other rights in the busHive® Software Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, busHive grants to you a personal, limited, nonexclusive, nontransferable right and license to use the busHive® Software Services.
You agree not to use, nor permit any third party to use, the busHive® Services, Software or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the busHive® Services or Software to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the busHive® Services or Software.
- Make the busHive® Services or Software available on any file-sharing or application hosting service.
busHive® cloud database-hosted software services include the following:
- A license to use busHive® Transportation software
Hosting of data utilizing SQL Server in the Microsoft® Azure cloud environment using basic Microsoft cloud DTU resources.
SHOULD MICROSOFT CHANGE ITS CLOUD PRICING FOR RESOURCES OR SHOULD YOU REQUIRE ADDITIONAL CLOUD RESOURCES, BUSHIVE WILL ACCORDINGLY INCREASE THE MONTHLY CHARGE FOR HOSTING EFFECTIVE IMMEDIATELY TO ACCOUNT FOR THIS CHANGE.
- Automated daily backup of data utilizing Microsoft® Azure cloud backup tools.
- Online/phone technical support, online/phone training, software updates.
- Integration with a third party software for calculating time and mileage between addresses.
- Access to www.fieldtriprequest.com subject to the number of annual trip requests included in the subscription below.
- OPTIONAL: Access to busHive/Stripe® credit card integration which includes a 1% charge to busHive for each transaction processed using busHive-hosted integration in addition to any Stripe® charges for processing credit cards.
- Online / Phone Support as described in section 4.
Services are offered on a subscription as per the individual quote agreed to by each client.
Any failure by you to comply with the terms of this agreement which results in the termination of service shall mean the following:
- Termination of online hosting
- Termination of any license to use any busHive® software product.
- Termination of third party services paid for by busHive such as PC Miler®
- Termination of all technical support, all training, and all software updates.
- Termination of access to www.fieldtriprequest.com
- Termination of access to www.requestabusquote.com
- Termination of access to any busHive connectivity to third party credit card processing sites.
The following payment terms apply, unless busHive notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
- Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following.
- A valid credit card acceptable to busHive;
- A valid debit card acceptable to busHive;
- School Districts may pay with a purchase order so long as the subsequent check payment in US Dollars is received by the due date of the subscription.
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option busHive provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- busHive will automatically renew your subscription fee at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
- busHive may refuse to provide Services to clients based upon their credit scores or history or past conduct with busHive.
4. Online / Phone Support included with cloud subscription fee:
busHive®, Inc. shall provide the client with unlimited training and support by toll free telephone only during our normal business hours of Monday to Friday 8:00 am – 5:00 pm prevailing U.S. Eastern Time, subject, however, to the following limitations:
- busHive®, Inc. offices are closed on the following U.S. holidays: New Year’s Day, Good Friday, Memorial Day, July 4th, Labor Day, Columbus Day, Thanksgiving Day, and Christmas Day. Requests for support received on these days will be responded to on the following business day.
- busHive®, Inc. may from time to time modify the holiday schedule by email notice to the client.
- busHive® software is available only via internet download. Internet access is required in order for the client to obtain, install, use and upgrade busHive® software. The client is solely responsible for obtaining and maintaining internet access at the client’s sole expense. busHive shall have no liability for any loss of or reduction in the client’s use of busHive® software caused by the failure of internet access for any reason.
- The client may submit to busHive a request for customization of busHive® software. busHive will determine, at its sole and absolute discretion, whether to provide such customization. busHive has no obligation to provide such customization. Any customization may be subject to a separate agreement which provides for compensation to busHive and reimbursement for costs. All programming and coding created in connection with any such customization shall be the sole and exclusive property of busHive® and shall be licensed to the client as a part of the client’s busHive license.
- busHive welcomes suggestions for improving busHive® software. All suggestions submitted to busHive shall become the sole and exclusive property of busHive. All programming, coding or other property created as a result of a suggestion submitted to busHive, if any, shall be the sole and exclusive property of busHive. Suggestions submitted to busHive may be acted upon by busHive, or not, in its sole and absolute discretion without any obligation of any nature to the person submitting the suggestion.
- On-site support is excluded from this Support Agreement. The client may submit to busHive a request for on-site support. busHive will determine, at its sole and absolute discretion, whether to provide requested on-site support. busHive® has no obligation to provide on-site support. Any on-site support will be subject to a separate agreement which provides for compensation to busHive® and reimbursement for costs including, without limitation, costs of round-trip travel and lodging.
- Support by busHive® shall not include instruction or assistance on how to install, use or adjust computers, internet connections, networks, email service, printers, SQL servers, any other computer system components, operating systems, or third party applications or software other than busHive® software. busHive® reserves the right to refuse to provide support for any issue that is not specific to busHive® software.
5. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
BUSHIVE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.