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Terms of Service

Hive Bastion LLC · Version 1.0 · Effective 24 June 2026

0. About These Terms

These Terms of Service ("Terms") are a public, good-faith baseline that governs your access to and use of the websites, content, hosted tools, and informational services made available by Hive Bastion LLC ("Hive Bastion," "we," "us," or "our"). Hive Bastion is a Tennessee limited liability company and a disregarded entity for U.S. federal income-tax purposes.

These Terms are published as a transparency and trust artifact. They are not themselves a project contract. As described in Section 17 (Gateway; Controlling Agreement), any paid engagement, professional-services relationship, or delivery of work product is governed by a separate signed Master Services Agreement (MSA), Statement of Work (SOW), or other written agreement between you and Hive Bastion, which controls in the event of any conflict with these Terms.

This document is part of the Hive Bastion public policy package and should be read together with:

1. Acceptance of These Terms

1.1 Binding acceptance. By accessing or using any Hive Bastion website, hosted tool, or service that references these Terms (collectively, the "Services"), you accept and agree to be bound by these Terms and by all policies incorporated by reference, including the Privacy Policy, the Acceptable Use Policy, and the Cookie Policy. If you do not agree, do not access or use the Services. These Terms set the conditions on which Hive Bastion makes the Services available to you; they are not a project contract (see Section 17).

1.2 Authority. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.

1.3 Capacity. These Terms are designed for use by businesses and professional users. By using the Services you represent that you are at least 18 years of age and capable of forming a binding agreement under applicable law.

1.4 Updates. We may update these Terms as described in Section 18 (Changes to These Terms). Your continued use of the Services after an update takes effect constitutes acceptance of the updated Terms.

2. Description of the Services

2.1 What Hive Bastion does. Hive Bastion is a veteran-owned technology company. Hive Bastion provides, among other things:

2.2 Engagement-specific scope. The exact scope, deliverables, fees, timelines, and service levels for any professional-services engagement are defined in a separate signed SOW and MSA — not in these Terms. These Terms govern only general access to and use of the public Services.

2.3 Beta, evaluation, and informational features. Some Services or features may be offered on a beta, evaluation, preview, or purely informational basis. Such features are provided AS IS and AS AVAILABLE (see Section 9), may change or be withdrawn at any time, and are not a commitment to deliver any particular result.

2.4 No professional advice. Unless expressly agreed in a signed writing, the public Services and any AI-generated output do not constitute legal, medical, financial, investment, tax, underwriting, or other regulated professional advice. See Section 6.

3. Eligibility and Accounts

3.1 Eligibility. You may use the Services only if you can form a binding contract with Hive Bastion and are not barred from doing so under applicable law.

3.2 Accounts. Some Services may require an account or credentials. You are responsible for: (a) providing accurate registration information; (b) keeping your credentials confidential; and (c) all activity that occurs under your account. Notify us promptly at david@hivebastion.com if you suspect unauthorized use.

3.3 Security of access. You agree to use commercially reasonable measures to protect any credentials issued to you, consistent with the practices described in the Information Security Policy — Public Summary. Hive Bastion maintains administrative, technical, and organizational safeguards designed to protect the Services; no method of transmission or storage is completely secure, and we do not represent that the Services are impenetrable.

3.4 Suspension. We may suspend or terminate access to an account that we reasonably believe has been compromised, is being used in violation of these Terms or the Acceptable Use Policy, or poses a security or legal risk. Except where immediate action is required to protect the security, integrity, or legal compliance of the Services or third parties, we will provide notice where practicable, consistent with the notice-and-cure approach in Section 13.3.

4. Acceptable Use

4.1 AUP incorporated. Your use of the Services is governed by the Hive Bastion Acceptable Use Policy, which is incorporated by reference and forms part of these Terms.

4.2 Summary of prohibited conduct. Without limiting the AUP, you agree not to: (a) use the Services unlawfully or to facilitate unlawful activity; (b) attempt to gain unauthorized access to the Services, accounts, or systems; (c) interfere with or disrupt the integrity or performance of the Services; (d) reverse engineer, scrape, or extract the Services except as permitted by law or by separate written agreement; (e) upload malware or harmful code; (f) use the Services to generate or distribute unlawful, infringing, deceptive, or harmful content; or (g) use any AI-related feature to develop a competing model or to violate a third party's rights.

4.3 Communications and consent. You are solely responsible for ensuring that any use of the Services to send communications complies with applicable law, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and analogous laws, and for obtaining and documenting all required consents. Where a Service is configured to transmit communications on your behalf, you are the sender and initiator of those communications for purposes of the TCPA, CAN-SPAM, and analogous laws; you are solely responsible for establishing and documenting all required prior express (or prior express written) consent; and Hive Bastion may require evidence of such consent and may suspend the communications feature absent it. See Section 11 (Indemnification).

5. Customer Data Ownership

5.1 You own your data. As between you and Hive Bastion, you retain all right, title, and interest in and to the data, content, materials, and information that you or your authorized users submit to, upload to, or generate through the Services ("Customer Data"). Hive Bastion claims no ownership of Customer Data.

5.1a Customer Data vs. Personal Data. "Customer Data" means the business and account data described in Section 5.1. Where the Services process information that identifies or relates to an individual consumer ("Personal Data"), Hive Bastion typically acts as a service provider or processor on your behalf, and the handling of that Personal Data is described in the Privacy Policy and, for a given engagement, the Data Processing Addendum, which use those terms with the meanings given there. In the event of any conflict in vocabulary, the Privacy Policy and DPA control as to Personal Data.

5.2 Limited license to operate the Services. You grant Hive Bastion a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Customer Data solely to the extent necessary to provide, maintain, secure, and support the Services for you, and to comply with applicable law. This license exists only for the duration and purpose of providing the Services and terminates as described in the Data Retention & Destruction Policy.

5.3 No AI model training on Customer Data. Hive Bastion does not itself use Customer Data — including prompts, inputs, uploads, or outputs associated with your use of the Services — to train, fine-tune, or otherwise improve any AI model. Hive Bastion's AI inference is performed through third-party providers, and Hive Bastion selects and configures each provider so that, under the provider's then-current terms, submitted content is not used by the provider to train its models by default, and Hive Bastion does not opt into any program that would change that posture. Hive Bastion does not control, and does not warrant, the internal practices of third-party providers beyond the processing terms it has contracted; the current providers and their applicable terms are identified in the Subprocessor List, and where an engagement requires a contractual no-training commitment stronger than a provider default, that term is captured in the governing Data Processing Addendum. See also the AI Governance & Acceptable AI Use Policy.

5.4 Data minimization and transient pass-through. Hive Bastion is designed around data minimization. Where the architecture of a given Service permits Customer Data to pass through to your own systems or accounts without retention by Hive Bastion, Hive Bastion is designed not to retain that data beyond what is necessary to provide the Service. Hive Bastion is designed to process and store data in the United States; certain global infrastructure providers (for example, Google, Cloudflare, and GitHub/Microsoft) may process limited operational or transit metadata outside the United States in the ordinary operation of their global networks. Where an engagement requires strict US-only processing or restricts international transfers, that requirement is addressed in the governing Data Processing Addendum, including any applicable transfer mechanism (such as the EU Standard Contractual Clauses or the UK IDTA). Specific data flows for a given engagement are described in the applicable SOW and, where relevant, the Data Processing Addendum.

5.5 Your responsibilities for Customer Data. You represent that you have all rights, consents, and authority necessary to submit Customer Data to the Services and that doing so does not violate any law or third-party right. You are responsible for the accuracy, quality, and legality of Customer Data and for maintaining your own backups of any Customer Data you consider important.

6. AI-Assisted Delivery and Output Disclaimer

6.1 AI is used in delivery. Hive Bastion uses AI systems, in whole or in part, to design, produce, and deliver portions of the Services and certain deliverables. Where a Service or deliverable contains AI-generated content, the following disclosure applies.

6.2 AI output disclosure. The following statement is incorporated verbatim and applies to any Service feature or deliverable that contains or produces AI-generated content:

"This document contains content generated, in whole or in part, by AI systems operated by Hive Bastion LLC. AI can make mistakes. Every result herein is an estimate produced for the named recipient's professional review - not a regulated determination, not an underwriting decision, not a rate quote, not legal advice, not medical advice, not investment advice. The named recipient is responsible for the final decision and for verifying any factual claim before acting on it."

6.3 Human review required. You agree that AI-generated output is an aid to, not a substitute for, your own professional judgment, and that you will independently verify any factual claim before relying on or acting upon it.

7. Fees and Payment

7.1 Where fees are defined. Access to certain public Services may be free. Paid professional-services engagements are governed by the applicable SOW and MSA, which set out the fees, billing structure, and payment terms. In the event of any conflict between these Terms and a signed SOW/MSA on fees or payment, the signed SOW/MSA controls.

7.2 Default payment terms. Unless a signed SOW or invoice states otherwise, invoiced amounts are due Net 30 from the invoice date.

7.3 Taxes. Fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, and similar taxes, excluding taxes based on Hive Bastion's net income.

7.4 Pass-through costs at cost. Where an engagement involves pass-through costs (for example, cloud hosting, AI inference, or third-party tools), Hive Bastion's standing practice is to bill such costs at cost, without markup, as further described in the applicable SOW.

7.5 Late amounts. Undisputed amounts not paid when due may accrue interest and reasonable collection costs to the extent permitted by applicable law and the signed SOW/MSA.

8. Intellectual Property

8.1 Hive Bastion property. Except for Customer Data and except as expressly granted in a signed agreement, Hive Bastion and its licensors retain all right, title, and interest in and to the Services, including all software, documentation, designs, trademarks, and the look and feel of the Services. No rights are granted by implication.

8.2 Work made for hire on paid deliverables. For deliverables that Hive Bastion creates specifically for you under a paid, signed engagement, and upon Hive Bastion's receipt of full payment for those deliverables, Hive Bastion assigns to you its right, title, and interest in the final, engagement-specific deliverables ("Client Deliverables"), to the extent and on the terms set out in the applicable SOW/MSA.

8.3 Hive Bastion Reusables carve-out. Notwithstanding Section 8.2, Hive Bastion exclusively retains all right, title, and interest in and to its pre-existing and independently developed materials, including its frameworks, libraries, methodologies, software components, agent patterns, prompt patterns, templates, know-how, and tools, together with any improvements, generalizations, or derivatives of the foregoing (collectively, "Hive Bastion Reusables"). Client Deliverables may incorporate or be built upon Hive Bastion Reusables. To the extent any Hive Bastion Reusables are embedded in a Client Deliverable, Hive Bastion grants you a perpetual, non-exclusive, worldwide, royalty-free license to use those embedded Reusables solely as part of, and as necessary to use, that Client Deliverable. Hive Bastion Reusables are not assigned to you and may be reused by Hive Bastion for other clients.

8.4 Feedback. If you provide feedback or suggestions about the Services, you grant Hive Bastion a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation to you.

8.5 Third-party and open-source components. The Services may include third-party or open-source components governed by their own license terms, which apply to those components.

9. Warranties and Disclaimers

9.1 AS-IS disclaimer. EXCEPT AS EXPRESSLY STATED IN A SEPARATE SIGNED AGREEMENT, THE SERVICES, ANY HOSTED TOOLS, AND ANY AI-GENERATED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIVE BASTION DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

9.2 No guarantee of results. Hive Bastion strives to provide reliable Services and accurate output but does not warrant that the Services will be uninterrupted, error-free, or secure against every threat, or that any AI-generated output will be accurate, complete, or fit for your particular purpose. You are responsible for evaluating the Services' suitability for your needs.

9.3 Allocation of risk. The disclaimers in this Section, together with the limitations in Section 10, reflect a reasonable allocation of risk and are a material basis of the terms on which Hive Bastion makes the public Services available.

10. Limitation of Liability

10.1 Liability for free and public Services. To the maximum extent permitted by applicable law, Hive Bastion's aggregate liability arising out of or relating to these Terms or your access to or use of the Services is limited as set forth in your separate signed agreement (if any) and, where no fees have been paid by you, to one hundred U.S. dollars (US$100). Nothing in these Terms limits or expands either party's liability beyond what a separate signed agreement provides; in the event of any conflict, the signed agreement controls. To the extent permitted by law, Hive Bastion will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages. The amounts-paid mechanics and any super-cap for confidentiality, indemnification, or data-breach exposure apply only where a signed MSA/SOW incorporates them; they are not provided through these public Terms.

10.2 No public-site liability cap by reference to fees. Because the public Services are made available without a project contract and, in many cases, without charge, the US$100 floor in Section 10.1 governs free or public use. Any cap keyed to amounts paid, and any expansion of liability beyond the floor, exists only in a separate signed MSA/SOW where consideration has been exchanged, and not in these Terms.

10.3 No personal liability. Hive Bastion LLC is a legal entity separate and distinct from any individual associated with it. To the maximum extent permitted by applicable law, all liability arising out of or relating to these Terms is the liability of Hive Bastion LLC alone, and no individual associated with Hive Bastion, in any capacity, has personal liability for the obligations of Hive Bastion under these Terms, except for liability arising from such individual's own willful misconduct or fraud. This Section does not limit Hive Bastion LLC's own liability.

11. Indemnification

11.1 No Hive Bastion indemnity through these public Terms. Hive Bastion provides no indemnity in connection with free or public Services. Any defense, indemnity, or hold-harmless obligation by Hive Bastion — including for intellectual-property infringement or for a data breach caused by Hive Bastion's own failure to maintain committed safeguards — is set out solely in, and limited by, a separate signed MSA/SOW and is subject to the limitations of liability in that signed agreement (including any super-cap). Where such a signed agreement provides a Hive Bastion indemnity for an intellectual-property claim, that signed agreement may also provide that Hive Bastion may, at its option and expense, (i) procure the right to continue use, (ii) modify or replace the affected item to be non-infringing while substantially equivalent, or (iii) terminate the affected item and refund pre-paid, unearned fees for it, as the parties' entire liability and sole and exclusive remedy for that claim.

11.2 By you. You will defend, indemnify, and hold harmless Hive Bastion LLC, its sole member, contractors, and agents from and against any third-party claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) to the extent arising from or related to: (a) your use of or access to the Services; (b) any data or content you submit, route, or process, including any claim that you lacked the rights, consents, notices, or lawful basis to do so; (c) your violation of these Terms, the Acceptable Use Policy, or applicable law (including the TCPA, CAN-SPAM, and consumer-protection, privacy, and communications laws); and (d) your infringement or misappropriation of any third party's intellectual-property or privacy rights.

11.3 Procedure. The indemnified party will give the indemnifying party prompt written notice of the claim, reasonable cooperation, and control of the defense and settlement. No settlement may be entered that (i) imposes a non-monetary obligation or any liability on, or (ii) requires any admission of fault by, the indemnified party without its prior written consent. The indemnifying party will reimburse the indemnified party's reasonable out-of-pocket costs of cooperation.

12. Confidentiality

12.1 Mutual obligation. Each party (as "Receiving Party") may receive non-public information of the other party (as "Disclosing Party") that is marked or reasonably understood to be confidential ("Confidential Information"). The Receiving Party will: (a) use Confidential Information only to perform under or use the Services; (b) protect it using at least the same degree of care it uses for its own confidential information, and no less than a commercially reasonable degree of care; and (c) not disclose it except to personnel or contractors who need it and are bound by confidentiality obligations at least as protective as these.

12.2 Exclusions. Confidential Information does not include information that is or becomes public through no fault of the Receiving Party, was rightfully known without obligation of confidence, is independently developed, or is rightfully received from a third party without restriction.

12.3 Compelled disclosure. The Receiving Party may disclose Confidential Information to the extent required by law, provided it gives reasonable prior notice where legally permitted and cooperates in seeking protective treatment.

12.4 Relationship to security policies. Hive Bastion's handling of Confidential Information is supported by its Data Classification Policy, Data Handling SOP, and Information Security Policy.

13. Term and Termination

13.1 Term. These Terms apply for as long as you access or use the Services.

13.2 Termination by you. You may stop using the Services and close any account at any time.

13.3 Termination or suspension by Hive Bastion. We may suspend or terminate your access to the Services, in whole or in part, if we reasonably believe you have violated these Terms or the Acceptable Use Policy, if required by law, or to protect the security, integrity, or availability of the Services. Except where immediate action is required to protect the security, integrity, or legal compliance of the Services or third parties, Hive Bastion will give you notice and a reasonable opportunity (not less than ten (10) days) to cure a violation before terminating access. Termination terms in a signed MSA/SOW govern paid engagements per Section 17; this Section is a public baseline only.

13.4 Effect of termination. Upon termination: (a) your right to access the Services ceases; (b) each party will return or destroy the other's Confidential Information on request, subject to legal retention requirements and the Data Retention & Destruction Policy; and (c) any deletion or return of Customer Data proceeds as described in the applicable SOW and the Data Retention & Destruction Policy.

13.5 Survival. Sections 5 (Customer Data Ownership), 6 (AI Output Disclaimer), 8 (Intellectual Property), 9 (Warranties and Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Confidentiality), 14 (Governing Law; Dispute Resolution), 17 (Gateway; Controlling Agreement), and 19 (Miscellaneous) survive termination, together with any provision that by its nature should survive.

14. Governing Law and Dispute Resolution

14.1 Governing law. The following applies:

"These Terms are governed by, and shall be construed in accordance with, the laws of the State of Tennessee, without regard to its conflict-of-laws provisions."

14.2 Binding arbitration. The following applies:

"Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules, including the Consumer Arbitration Rules where they apply; the seat of arbitration shall be Nashville, Tennessee."

14.3 Class-action waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Injunctive relief carve-out. Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction in Tennessee to protect its intellectual property or Confidential Information pending arbitration.

14.5 Carve-outs, opt-out, delegation, and fees. Either party may bring an individual action in small-claims court, or seek injunctive or equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, or violation of intellectual-property rights or confidentiality obligations, without first arbitrating. You may opt out of arbitration by sending written notice to david@hivebastion.com within thirty (30) days of first accepting these Terms; opting out does not affect any other provision. The arbitrator may rule on the arbitrability of claims, except that the enforceability of the class-action waiver is for a court to decide; if the class-action waiver is held unenforceable as to any claim, that claim shall proceed in court and the remainder in arbitration. Allocation of arbitration fees is governed by the applicable AAA rules, including the Consumer Arbitration Rules where they apply.

15. Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, governmental action, epidemics or pandemics, internet or telecommunications failures, power outages, or failures of third-party hosting or cloud providers. The affected party will use commercially reasonable efforts to resume performance.

16. Third-Party Services

The Services may interoperate with or rely on third-party services, including cloud hosting, edge/DNS, and AI inference providers identified in the Subprocessor List. Hive Bastion does not control and is not responsible for third-party services, and your use of them may be subject to separate terms. Hive Bastion selects and oversees its subprocessors consistent with its Vendor & Subprocessor Risk Management Policy.

17. Gateway; Controlling Agreement

17.1 Baseline, not the contract. These Terms are published as a good-faith baseline describing how Hive Bastion makes its public Services available. They are not the project contract for any professional-services engagement.

17.2 Controlling agreement. Any engagement is governed by a separate signed written agreement (typically a Master Services Agreement and one or more Statements of Work) between the parties, which controls in the event of any conflict with these Terms. Where a signed MSA/SOW addresses a subject also addressed here, the signed agreement governs that subject.

17.3 Order of precedence. Unless a signed agreement states otherwise, the order of precedence for conflicts is: (1) the signed SOW; (2) the signed MSA; (3) the Data Processing Addendum and any security addendum; and (4) these Terms and the incorporated public policies.

18. Changes to These Terms

18.1 We may revise these Terms from time to time. When we do, we will update the version and date in the Document Control block and post the revised Terms at their public location.

18.2 For material changes that adversely affect your rights, Hive Bastion will provide at least thirty (30) days advance notice via the Services or your account email before the change takes effect, except where a shorter period is required by law or to address a security or legal risk; other changes take effect upon posting, or on a later effective date stated in the revised Terms. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to a revision, you must stop using the Services. Changes do not retroactively alter the terms of a signed MSA/SOW already in effect.

19. Miscellaneous

19.1 Assignment. You may not assign or transfer these Terms without Hive Bastion's prior written consent. Hive Bastion may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any prohibited assignment is void.

19.2 Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions will continue in full force.

19.3 No waiver. A party's failure to enforce any provision is not a waiver of its right to enforce that or any other provision later.

19.4 No third-party beneficiaries. Except as expressly stated (including the no-personal-liability protection for Hive Bastion's sole member, contractors, and agents in Section 10.3), these Terms create no third-party beneficiary rights.

19.5 Relationship of the parties; entity separateness. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship. Hive Bastion LLC is a legal entity separate and distinct from its sole member; all obligations and liabilities under these Terms are those of Hive Bastion LLC alone.

19.6 Entire agreement. These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and Hive Bastion regarding general use of the public Services, and supersede prior or contemporaneous understandings on that subject. A signed MSA/SOW supersedes these Terms as to the engagement it governs, per Section 17.

19.7 Notices. Notices to Hive Bastion under these Terms must be in writing and sent to the mailing address below; notices to you may be given to the email or account contact you provide.

Hive Bastion LLC
1556 Hankook Rd PMB 1021
Clarksville, TN 37043
Email: david@hivebastion.com

19.8 Contact. Contact: david@hivebastion.com · https://hivebastion.com.

19.9 Entity status. Hive Bastion LLC is a Tennessee limited liability company (TN SOS Control #002112192; formed May 12, 2026; status Active) and a disregarded entity for U.S. federal income-tax purposes. Hive Bastion is veteran-owned; its SDVOSB certification is in progress and is not represented as active.