Terms of Service

This document forms part of the agreement between SIVO Hub and the subscribing organisation.

These terms are the agreement under which an organisation subscribes to SIVO Hub. Please read section 13 in particular: it limits what can be recovered if something goes wrong.

1. Who this agreement is between

SIVO Hub is operated by CHRISTIAN CILIA of SivoHub 101 Triq il-Kannazzata Balzan BZN 1707, Malta (“we”, “us”, “the operator”). Full identification details are on the company information page.

The other party is the organisation that registers for the service (“you”, “the customer”). The individual who completes registration confirms that they are authorised to enter into this agreement on that organisation’s behalf.

2. This is a business service

SIVO Hub is supplied to businesses, sole traders, public bodies and other organisations for purposes connected with their trade, business, craft or profession. It is not offered to consumers and is not designed, priced or supported as a consumer product. If you are acquiring it for purposes outside a trade or profession, do not register.

3. What the service is, and what it is not

SIVO Hub is software. It gives your organisation a support desk: tickets, clients, assets, time recording and invoicing, in a workspace that only your organisation can see.

We are not your IT support provider. We do not read, triage or answer the tickets raised inside your workspace, we do not maintain your equipment, and we are not a party to any support arrangement between you and your own IT department, your IT provider or your clients. Response targets shown on a ticket are set by you, not by us.

4. Accounts and access

• Each individual with access has their own account. Accounts are personal and must not be shared.
• You decide who is invited into your workspace and what role they hold, and you are responsible for that decision and for removing people who should no longer have access.
• You are responsible for activity carried out through accounts in your workspace, other than activity caused by our own failure.
• Tell us promptly at [email protected] if you believe an account has been misused.

5. Acceptable use

Your use of SIVO Hub is subject to the Acceptable Use Policy, which forms part of this agreement. It sets out what may not be done with the service and what happens when it is.

6. Trial

A subscription begins with a 7 day trial with full access to the plan you chose. No card is required and the trial does not convert into a paid subscription by itself. When the trial ends the workspace continues for a short grace period of 3 days and then locks: your data is retained and becomes reachable again as soon as a plan starts, and is dealt with as described in section 11 if it does not.

7. Plans, seats and changes

• Each plan includes a stated number of agent seats. Only people who answer tickets take a seat: the people your organisation supports are unlimited and are never charged for.
• Adding an agent beyond the seats on your plan requires more seats. The service tells you when you have run out rather than charging you automatically.
• You may move between plans. A change takes effect from the next billing period unless we agree otherwise in writing.
• We may change the features within a plan. We will not materially reduce the functionality of a plan you are paying for during a period you have already paid for.

8. Fees, invoicing and payment

• Prices are shown on the pricing page and are stated exclusive of VAT. VAT is applied where it is due.
• Monthly plans are invoiced monthly in advance. Annual plans are invoiced yearly in advance.
• Where we invoice you directly, invoices are payable within 14 days of the invoice date unless the invoice says otherwise, and nothing is taken from you without an invoice. Where card payment is offered and you choose it, it is processed by Dodo Payments acting as merchant of record, which means they are the seller for that transaction, they issue your receipt and they account for any VAT on it. A card subscription renews automatically at the end of each billing period until you cancel it, and you may cancel at any time with effect from the end of the period you have already paid for. You may change the card being charged at any time through the provider's billing portal, reached from your own Plan and billing page. We do not receive or store your card details at any point.
• We may change our prices. A price change does not affect a period you have already paid for, and we will give you at least 30 days’ notice by email before it applies to you.
• If an invoice remains unpaid we will contact you first. We may suspend access to a workspace whose invoice is more than 30 days overdue, after giving you at least 14 days’ written notice and an opportunity to pay. Suspension does not delete anything.
• Statutory interest on late commercial payments may be charged where the law allows it.

9. Your data

Everything your organisation puts into SIVO Hub remains yours. We claim no ownership of it. You grant us only the permission we need to host, process, back up, transmit and display it in order to provide the service to you, and to do so through the subprocessors listed on the subprocessors page.

Where that data includes personal data, you are the controller and we are your processor. The Data Processing Agreement governs that relationship and forms part of this agreement. The privacy notice explains the separate, smaller set of personal data for which we are ourselves the controller.

You can export the entire workspace, every record and every uploaded file, at any time from Company details in the product, without asking us and without notice to us.

10. Availability, support and security

What we do and do not commit to about uptime, maintenance and response times is set out on the availability and support page. We do not offer a guaranteed level of availability, and no service credits apply. The measures we actually operate, and the ones we do not, are described in the security overview. We will not knowingly reduce those measures during your subscription.

11. Length, cancellation and what happens afterwards

• The agreement runs for the billing period you have subscribed to and renews for further periods of the same length until it is cancelled.
• You may cancel at any time by emailing us from an address on the account. Your plan then runs to the end of the period you have paid for. Refunds are dealt with in the refund policy.
• We may terminate this agreement by giving you at least 30 days’ notice. We may terminate or suspend immediately if you materially breach this agreement or the Acceptable Use Policy and do not fix it within 14 days of being asked, or immediately and without notice where the breach is one that cannot sensibly be waited out, such as unlawful use or an attack on the service.
• After the agreement ends your workspace is retained in a locked state for 60 days, during which you may ask us to reactivate it or to produce an export. After that period we delete it, and deletion is dealt with in the Data Processing Agreement. Take your own export before you cancel if you want one that does not depend on us.

12. Our intellectual property

The software, its design, its documentation and the SIVO Hub name and marks belong to us. This agreement gives you a non-exclusive, non-transferable right to use the service during your subscription, and nothing more. You may not copy, decompile or reverse engineer the software except to the extent the law says you may despite this sentence, resell or make it available to anyone outside your organisation as a service of your own, or remove any notice of ownership from it.

If you send us feedback or a suggestion, we may use it to improve the service without owing you anything for it. We will not identify you as its source without your agreement.

13. Liability

Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.

Subject to that, and to the maximum extent permitted by law:

• our total liability to you arising out of or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited in aggregate to the total amount you paid us for the service in the twelve months immediately before the event giving rise to the claim.
• we are not liable for loss of profit, loss of business, loss of anticipated savings, loss of goodwill, or for any indirect or consequential loss, however it arises.
• we are not liable for anything arising from the IT support your organisation gives or receives, including a ticket that is not read, is read late, or is answered wrongly. That work is done by people in your organisation or by your provider, not by us.
• we are not liable for loss or corruption of data to the extent it could have been avoided by you keeping your own copy. The export described in section 9 is available to you at any time and costs you nothing.

Each of these limits applies separately. If one of them is held to be unenforceable, the others continue to apply.

14. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from content your organisation put into the service or from use of the service in breach of section 5, except to the extent the claim arises from our own breach of this agreement.

15. Confidentiality

Each of us will keep the other’s confidential information confidential, use it only for the purposes of this agreement, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiver, was already lawfully known, or must be disclosed by law. Where the law allows it, we will tell you before disclosing anything of yours.

16. Changes to these terms

We may change these terms. For a change that materially affects your rights or obligations we will give you at least 30 days’ notice by email to an administrator on the account before it takes effect, and if you do not accept it you may cancel before it does and we will refund the unused part of any period you have paid for. Other changes, such as correcting a mistake or clarifying wording, take effect when published. Every version carries a version number and an effective date, and the version you accepted is recorded against your account.

17. General

• Force majeure. Neither of us is liable for a failure caused by something genuinely outside our reasonable control, for as long as it lasts.
• Assignment. You may not transfer this agreement without our consent, which we will not unreasonably withhold. We may transfer it to a successor to our business on notice to you.
• Notices. Notices to you go to the administrator email addresses on your account. Notices to us go to [email protected].
• Whole agreement. These terms, the Acceptable Use Policy, the Data Processing Agreement and the refund policy are the whole agreement between us about the service and replace anything said beforehand. Nothing here limits liability for fraudulent misrepresentation.
• Severability. If a provision is unenforceable, the rest continues in force.
• No waiver. Not enforcing a right on one occasion does not give it up.
• No partnership. Nothing here makes either of us the other’s agent, partner or employee.
• Third parties. Nobody other than you and us may enforce this agreement.

18. Language

This agreement is written in English, and the English version governs. Parts of SIVO Hub are available in other languages so that people can use the product in the language they work in. Any translation of this agreement, of the Data Processing Agreement or of the Acceptable Use Policy is provided for convenience only. If a translation and the English differ, the English is what applies.

19. Governing law

This agreement is governed by the laws of Malta, and the courts of Malta have exclusive jurisdiction over any dispute arising from it. Before starting proceedings, please write to us at [email protected]: most disagreements are cheaper and faster to settle in an email.