These Terms of Use ("Terms of Use") constitute an agreement between you ("User", "Users", "You", "Your") and ByteHyve ("We", "Us", "Our") and governs your use of our services ("Services", "Our Services") offered through the official ByteHyve .com domain and any of its subdomains ("Our Website"), including but not limited to the use of the Hyve Editor and community interactions. Please read these Terms of Use carefully before using any of Our Services. By creating an account and logging in, you accept the most recent version of these Terms of Use and our Privacy Policy, available here. By doing so, you agree to be bound by all provisions outlined in these legal documents.
These Terms of Use, along with our Privacy Policy, constitute the entire agreement between you and ByteHyve concerning the use of the Services. They supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and ByteHyve with respect to Our Services. Any additional terms provided by ByteHyve may also govern the use of the Services and will be deemed to form part of these Terms of Use.
By using Our Services, You consent to receive electronic communications from ByteHyve, including but not limited to emails and notifications on Our Website. These communications are considered official and binding.
By accessing or using Our Services, You agree to be bound by these Terms of Use. If You do not agree with any part of these terms, You must not access or use Our Website. By registering a user account and using Our Services, You agree to be bound by these Terms of Use and our Privacy Policy, which outlines how we collect, use, and protect your data, as further described in Section 14 of these Terms of Use.
ByteHyve may update these Terms of Use and Our Privacy Policy from time to time. Continued use of Our Services after such updates signifies Your acceptance of the revised terms. It is Your responsibility to review these terms periodically, as further outlined in Section 15 of these Terms of Use.
These Terms of Use and Our Privacy Policy govern Your use of all Services provided through the official ByteHyve domain or any of its subdomains. This includes but is not limited to, usage of the Hyve Editor, community interactions, and any other features or services offered by ByteHyve on this domain. These Terms of Use and Our Privacy Policy only apply to all web-based provided Services by ByteHyve. This excludes downloadable games or standalone applications offered by ByteHyve.
Our Services are provided on an "as is" and "as available" basis. ByteHyve makes no warranties, express or implied, regarding the quality, accuracy, reliability, or availability of Our Services. You use Our Services at Your own risk.
ByteHyve offers a variety of services through its platform, accessible via Our Website. These services are designed to facilitate:
The learning ground includes the Hyve Editor, a web programming editor that allows for the creation of projects using various programming languages and integrated libraries. Users can export projects in various formats and publish them on Our Website. Published projects enable interaction and collaboration, allowing users to copy, remix, transform, and build upon the content, fostering a collaborative coding environment. The key services provided include:
While ByteHyve endeavors to provide reliable and secure services, users should be aware of the following limitations and conditions:
To access certain features of Our Services, you must create an account by providing accurate and complete information as prompted by the registration form. You agree to update your information as necessary to keep it accurate and complete. Registering a user account includes:
Any use of Our Services means You agree to interact respectfully and responsibly. This includes:
When contributing content to Our Services, including forum posts, comments, and project submissions, you agree to follow these guidelines:
In addition to the above, content should be appropriate for a general audience and avoid profanity, excessive violence, or sexually suggestive content.
All content in any way or form contributed to Our Services must adhere to the following standards:
Violations of content standards may result in:
If you encounter any content or behavior that violates these Terms of Use, you can report it to ByteHyve by contacting ByteHyve directly via the contact form or at support@bytehyve.com with a detailed description of the violation. ByteHyve will review all reports promptly and take appropriate action based on the severity and nature of the violation.
Users agree not to engage in the following prohibited activities while using Our Services:
Engaging in any of the prohibited uses listed above may result in the immediate suspension or termination of Your account or an immediate IP Ban, as outlined in Section 6 of these Terms of Use. Additionally, ByteHyve reserves the right to take any necessary legal action against individuals or entities that violate these prohibitions, this includes but is not limited to juridical actions as enabling of applicable authorities. Should You question any activity or behavior as prohibited, as outlined in this Section, please contact Us through the contact form or support@bytehyve.com. By using Our Services, You agree to adhere to these prohibitions and understand that violating these terms may result in appropriate measures taken by ByteHyve, as outlined in this Section.
You may terminate Your account at any time by following the account termination procedure provided on Our Website or by contacting support@bytehyve.com. Upon termination of your registered user account, Your access to Our Services will be revoked. After User-Initiated Termination, Your personal data associated with your account will be automatically deleted in accordance with our Privacy Policy.
ByteHyve reserves the right to terminate or suspend Your account at any time, with immediate effect, for reasons including but not limited to:
Termination removes full access to Your user account indefinitely, while suspension may be temporary. After termination or suspension, ByteHyve is obligated to immediately state the reasoning behind the decision by email.
ByteHyve reserves the right to, with immediate effect, enforce an exclusion from any or all of Our Services by restricting your IP address from accessing our website for a defined period, ranging from 1 month to 2 years ("IP Ban"), in severe or repeated cases of violation of these Terms of Use or Our Privacy Policy. This period may be renewed if necessary. Your IP address will be stored in an encrypted format and will only be used for enforcing the IP Ban. If an email address is associated with your account, we will notify you of the IP Ban, the reasoning, and its duration via email. If no email address is available, you will not be notified directly, but the duration of the ban will still be within the specified range.
If You believe Your account has been terminated or suspended by ByteHyve in error, or an IP Ban may be enforced wrongfully, You have the right to appeal the decision by contacting support@bytehyve.com within one month of the decision. Please provide relevant information and any supporting evidence to assist in the review process. ByteHyve will review Your appeal and notify You of its decision within a reasonable timeframe, typically within 14 business days. The decision of ByteHyve regarding appeals is final.
Upon termination of your account or an IP Ban, all rights granted to You under these Terms of Use will cease immediately. You will no longer have access to your account, any content you have stored on Our Website, or any other services provided by ByteHyve. ByteHyve is not liable for any loss of data or content resulting from the termination of your account or an IP Ban. In such case of a termination initiated by ByteHyve, any of Your personal data will be kept for one month during which appeal is open as outlined in Section 6.4.
Access to ByteHyve's services is governed by the following conditions:
ByteHyve prioritizes the security of user data and accounts with the following measures:
ByteHyve is committed to providing a secure, reliable, and high-quality service. We are directly responsible for:
Failure to meet these responsibilities may result in:
Users are directly responsible for:
In relation to third-party links:
Failure to meet these responsibilities may result in:
Users retain ownership of any intellectual property rights in the content submitted, posted, or displayed through Our Services on Our Website. By submitting, posting, or displaying such content, you grant ByteHyve a worldwide, non-exclusive, royalty-free license to review, monitor, moderate, and display the content in any and all media or distribution methods (now known or later developed) throughout Our Website. ByteHyve reserves the right to remove or refuse to display any User Content that violates these Terms of Use or is otherwise harmful or objectionable. Users are granted complete ownership of any original content after exporting it directly through the ‘export’ option from within the Hyve Editor, removing any rights from ByteHyve from the exported copy, except for any content that includes licensed libraries as outlined in Section 9.3 of this Section. These exporting terms apply to all types of export methods offered through the Hyve Editor, including but not limited to ‘.zip’ (“project folder”), ‘.html’ (“executable”), and ‘.json’ (“save file”).
By submitting, posting, or displaying content through Our Services on Our Website, excluding exporting as outlined under Section 9.1 of this Section, you grant other users a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display, and create derivative works based on your User Content, in accordance with the Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0). This means any other user of Our Services who complies with these Terms of Use has the right to copy, remix, transform, and build upon your User Content for any purpose, even commercially, as long as they provide appropriate credit and license their new creations under identical terms
User Content submitted through the Hyve Editor may include libraries or other software components provided by third parties, such as the Processing Foundation's libraries. These third-party libraries are subject to their own open-source licenses, which may include restrictions and obligations that users must adhere to. By using such libraries in your User Content, you agree to comply with the terms of their respective licenses. Current implemented libraries include:
Users are responsible for understanding and complying with the licenses of any third-party libraries or components included in their User Content. ByteHyve does not assume any responsibility for ensuring compliance with third-party licenses and will not be liable for any violations thereof.
ByteHyve retains all rights, title, and interest in and to its intellectual property rights, including but not limited to distinctive marks such as logos, service marks, and original material ("ByteHyve IP"). Users may not deconstruct, copy, or modify ByteHyve IP without ByteHyve's prior written consent.
Users are strictly prohibited from submitting, posting, or displaying any content that infringes upon the intellectual property rights, including copyrights, trademarks, patents, or trade secrets, of any third party. This includes but is not limited to, the unauthorized use of third-party copyrighted material, trademarks, or proprietary information. If you believe that your intellectual property rights have been violated by User Content on Our Website, please contact ByteHyve at support@bytehyve.com with a detailed description of the alleged infringement. ByteHyve will investigate and take appropriate action, including the removal of the infringing content if necessary.
By accessing and using the Hyve Editor, whether as a registered user or a guest, you are granted a free, non-exclusive, non-transferable, revocable license to use the Hyve Editor solely for the purposes of creating, modifying, and sharing code projects in accordance with these Terms of Use.
Your use of the Hyve Editor is subject to the general terms of use outlined in Section 4, including user guidelines and prohibited uses as detailed in Sections 4.2 and 5. All conditions and expectations set forth in these Sections apply directly to your use of the Hyve Editor without exception.
Content created and shared using the Hyve Editor is governed by the licensing terms outlined in Section 9. Users retain ownership of their original content and grant ByteHyve and other users licenses as specified. Once content is exported, all rights of ByteHyve and other users to that content are removed, as outlined in Section 8.1, except for any content that includes licensed libraries, as outlined in Section 9.3.
For projects intended to be stored or shared on Our Website as a registered user, not including exported projects as defined in Section 9.1, the free license for the Hyve Editor is subject to the following limitations:
ByteHyve reserves the right to increase current license limitations and introduce different license types with varying limits and features in the future. We are committed to continuously improving the Hyve Editor and plan to gradually increase these limitations over time as our resources allow. Any changes to these limitations will be announced in advance, with explanations provided.
ByteHyve reserves the right to terminate or suspend your license to use the Hyve Editor at any time if used in violation of these Terms of Use or any applicable laws. In severe cases, ByteHyve may enforce an IP Ban, as outlined in Section 6. of these Terms of Use.
The Hyve Editor is provided "as is" and "as available," without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
You agree to indemnify, defend, and hold harmless ByteHyve, its employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of Our Services, your violation of these Terms, or your infringement, or infringement by any third party using your account, of any intellectual property or other right of any person or entity, including but not limited to code published through the Hyve Editor. This indemnification obligation will survive the termination of your account or these Terms.
To the fullest extent permitted by applicable law, in no event shall ByteHyve, its employees, agents, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that ByteHyve may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ByteHyve's liability shall be the minimum permitted under such applicable law. By incorporating these suggestions, you can create a more robust Limitation of Liability clause that effectively protects your company while remaining transparent to users. Remember, it's always best to consult with a lawyer specializing in technology law to ensure your Terms of Use comply with all applicable laws and are tailored to the specific risks associated with your website's functionalities.
For any dispute you have with ByteHyve, You agree to first contact us at support@bytehyve.com or jaime@bytehyve.com and attempt to resolve the dispute with us informally. If ByteHyve has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy, arising out of or in connection with or relating to these Terms.
For any claim, dispute, or controversy that is not subject to arbitration, the country and federal courts located in The Netherlands shall have exclusive jurisdiction and be the venue for any action arising out of or relating to these Terms or the Services. You and ByteHyve consent to the exclusive jurisdiction and venue of these courts.
You consent to the use of personal data as described in our most recent effective Privacy Policy. ByteHyve reserves the right to update the Privacy Policy at any moment with a 7-day notice after which it is effective. Users will be notified of these changes via email and a notification on the website. Your personal data may only be used by ByteHyve to improve or enable services as necessary. The terms outlined in our Privacy Policy apply to all services offered through the official ByteHyve domain name or any of its subdomains. Any violation of our Privacy Policy may lead to appropriate actions taken, as outlined in Section 6 of these Terms of Use, and the revocation of your rights to use Our Services with immediate effect.
ByteHyve uses 'Cloud86', a third-party organization based in The Netherlands, to store and process its data. Accordingly, all data management laws of The Netherlands and the European Union, as well as the terms of use by any third-party organization, are applicable. ByteHyve reserves the right to expand its data management to other organizations at any time without notice. ByteHyve will not use any personal data for commercial purposes outside of its own services. Explicit consent will be obtained from Users before sharing data with any new third-party organization.
In accordance with our Privacy Policy and the General Data Protection Regulation (GDPR) applicable to European Union users, You have the right to access, modify, and delete Your personal data. By default, Your personal data is accessible through Your personal user account or via a personalized link in relevant email messages. If personal data is not accessible for any reason, except if it is not Your personal data or if the original owner of such data has not given You permission, We are permitted to access your personal data with explicit consent from the corresponding party. Should ByteHyve in such case have no access to any of your personal data in any case, ByteHyve is obliged to take necessary steps to fulfill the needs. For assistance, please contact support@bytehyve.com.
In the event of a data breach, ByteHyve will take appropriate measures to mitigate harm as much as possible. Users and relevant authorities will be notified promptly via email and a notification on Our Website. The server will be taken offline until security measures have been updated or new ones have been implemented. Users will be provided with information on steps they can take to protect themselves. Should a suspected breach go unnoticed by ByteHyve, You are obligated to notify ByteHyve promptly so necessary measures can be taken directly.
ByteHyve reserves the right to update these Terms of Use at any time. Any changes will take immediate effect one month after publishing here. Users will be notified of these changes via email and a notification on Our Website. It is your responsibility to review and understand the most recently effective Terms of Use. Continued use of our services after the effective date of the updated Terms of Use constitutes your acceptance of the changes. You have the right to object to any new terms. You can opt out by contacting us at support@bytehyve.com within one month of the changes being posted. Opting out will allow You to use Our Service under the previous Terms of Use but may limit access to (new) features or functionalities that rely on the updated terms. In some cases, opting out may prevent you from continuing to use the service altogether, depending on the nature of the changes. We will clearly explain the impact of opting out.
ByteHyve reserves the right to transfer, assign, or delegate these Terms of Use, and any rights or obligations hereunder, in whole or in part, at any time, without prior notice. In the event of a change in control, such as a merger or acquisition, these Terms of Use shall be binding upon and inure to the benefit of the new company or entity. You may not assign these Terms of Use, or any rights or obligations under them, without ByteHyve's prior written consent. Should there be any significant changes to the Terms of Use due to a change in control, all users will be notified promptly by email and through a notification on Our Website.
These Terms of Use and any disputes related thereto shall be governed by and construed in accordance with the laws of The Netherlands and the European Union, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Amsterdam / Netherlands for the resolution of any disputes arising out of or relating to these Terms of Use or your use of the Services.
ByteHyve shall not be liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In the event of any such delay, ByteHyve shall be excused from such performance to the extent it is delayed or prevented by such cause.
A waiver by ByteHyve of any term or condition outlined in these Terms of Use will not be considered a continuing waiver of that term or condition or a waiver of any other term or condition. ByteHyve's failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision. To be effective, any waiver must be in writing and signed by an authorized representative of ByteHyve.
If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be removed or limited to the minimum extent necessary so that the remaining provisions of these Terms of Use continue to be valid and enforceable in full.
We are committed to providing the best user experience and continually improving its services. As a small-scale organization, ByteHyve dedicates reasonable time to enhancing existing services and developing new ones. While limited personal data is used to analyze user behavior, communication with users remains crucial for understanding how to better serve. We highly value and appreciate all user feedback, although we cannot guarantee that every suggestion will be implemented. Your insights are instrumental in shaping the future of ByteHyve. Should you have any feedback, suggestions, or other comments, please reach out to us through our contact form or via email at support@bytehyve.com. Your feedback is important to us, and we strive to respond to all communications promptly. Thank you for helping us improve and grow.
ByteHyve values your privacy as much as you do. As a result, ByteHyve collects minimal information and is committed to safeguarding it. This Privacy Policy pertains to all services and features provided by ByteHyve through its official .com domain and any of its subdomains. It outlines the type of collected data, their uses, and the measures taken to ensure their protection.
ByteHyve strives to minimize collecting data, while providing the best services and functionality. Collected data is used to enhance the user experience, enable necessary functionality, or understand engagement. Each type of information is described below, along with its use.
An IP (Internet Protocol) address is a numeric label that identifies a specific device connected to a network. This identifier can be used to track and identify an individual. ByteHyve may store your IP address when creating a user account, as necessary, to enforce rules and restrictions outlined in the Terms of Use. This helps ByteHyve preventing misuse of our services, such as unauthorized access and repeated violations of our guidelines and prohibited uses, as outlined in the Terms of Use. ByteHyve may use your IP address anonymously to determine your country of origin. Or, use your IP address anonymously to track total viewer counts on various pages. In any case, IP addresses are stored in an encrypted format and will never be used for anything other than governing our Terms of Use, and the mentioned analytical purposes. For these purposes, ByteHyve will never use your IP address to identify you as an individual.
ByteHyve might collect anonymous information about the type of device you are using and the previously visited webpage. This is done for analytical purposes to improve services and functionalities. It will therefore never be linked to you as an individual by any means.
Information submitted through a submission form may be stored for retaining credentials. Your declared “full name”, or “username” will be used to personalize interactions through any use offered services through the official ByteHyve domain or any of its subdomains. Other users will be able to see such information through such interactions, such as commenting or publishing your projects. Anonymizing your account through the account page removes this personalization. Not all submission forms retain data. Any contacting form sends the entered information via email. No data from such forms will be stored independently on a server. ByteHyve strongly urges you to keep your credentials safe and only share them with trusted individuals if necessary. Also, ByteHyve advises you to be responsible for accessing your credentials. If using a public device to log in, remember to log out afterward.
When you subscribe to our services (e.g., newsletters, updates), we collect your email address as a piece of personal data. We may use this email address to send newsletters, updates, respond to your inquiries and request, and important information such as updates to the Terms of Use or this Privacy Policy.
ByteHyve does not store any information related to using the Hyve editor other than optional save data when logged in with your registered user account. ByteHyve advises regularly creating local backups of any projects using the export function, which when used, prevents any data from being stored independently on a server.
A cookie is a small text that is stored on your browser. Webpages can access these cookies and gather information. ByteHyve tries to limit cookie usage as much as possible. Because of this, ByteHyve only uses your cookies to validate and store log-in credentials. This is a necessary step to keep you as a user logged in when navigating through different web pages of ByteHyve. If your browser does not accept cookies or automatically deletes them, you may experience issues staying logged in. ByteHyve values your privacy a lot and does not track any behavior, including active times on webpages or what you may interact with.
The website is hosted through Cloud86, meaning all data stored by ByteHyve is done through their servers. ByteHyve does not work with or share information with any other third party. This means that no other data transfer than to the direct server is happening at any given moment. ByteHyve does use some open-source libraries, required to enhance user experience and enable features that otherwise would not be feasible to have. These libraries include 'jQuery', 'CodeMirror', and in regards to the Hyve Editor 'p5.js'. The use of these libraries is strictly for functionality purposes, and they do not involve sharing personal user data with any third-party entities.
You have access to any personal data stored by ByteHyve at any point. You have the right to change or delete it with immediate effect. Any subscriptions can also be ended immediately should you wish to opt out at any moment. These actions can be taken personally through your user account, or a link provided by a relevant email message. ByteHyve can also execute these actions on request. For the latter, verification and consent will be requested to prevent unauthorized changes. This necessary step prevents others from accessing your data without your consent.
Any data will be kept as long as necessary to fulfill the purposes outlined in this policy. Data retention periods are determined based on legal requirements and the necessity of the data for service provision. User initiated: Any data that is modified or deleted yourself, will take immediate effect as means of automation, and is therefore irreversible. Consent: As long as consent is given, personal data will be kept until further notice. Consent is to be assumed when a registered user account or subscription is kept active. Consent is assumed to be ended when the registered user account is removed, or unsubscription is initiated. After a two year period of no activity on your registered user account, it is assumed to be inactive. A notice will be send after which your registered user account will be removed if inactivity persists. Termination: When ByteHyve enforces termination of your registered user account, as outlined in the Terms of Service, you will receive a one month notice by email. During this period, you can appeal and take the necessary actions to prevent data loss. After this month, the decision may be final and all data will be removed. IP-Ban: When ByteHyve enforces an IP-Ban, as outlined in the Terms of Service, your IP address may be kept for a minimum of one month, and a maximum of two years, to govern the Ban accordingly. After this period, your IP address will be removed, and the IP-Ban be revoked. Analytical: Any other anonymous data, solely used for analytical purposes, will be kept up to two years, to accurately take measurements. After two years, it will be removed without notice. Legal dispute: In any case, ByteHyve may keep data for as long as necessary to promptly solve any legal dispute. Illegal activities: In any case, ByteHyve may preactively destroy any data that contains illegal content. Data may be kept as evidence in case relevant authorities need to be engaged, after which relevant law will be followed.
ByteHyve has taken necessary precautions to keep data safe. Any communication with the server to request or store data is done using encrypted messages which are validated from both the client and the server side. Some high-valued data, such as your user account password and Hyve editor project data, are additionally encrypted before storing. Because of this, even ByteHyve does not have direct access to the values of such data. Despite these measures, ByteHyve urges you to be mindful of leaving personal data as no security system is impenetrable. ByteHyve advises to use a unique password and prevent leaving personal data in Hyve editor projects.
Various pages within the ByteHyve domain may contain links that redirect to third-party websites. While these links provided by ByteHyve are reviewed beforehand, the content and policies of third-party sites may change over time. Furthermore, reviewing might not be the case for any third-party links provided by other users. ByteHyve advises you to always be mindful of opening such links. If you experience any issues with any third-party redirecting link, please notify ByteHyve as soon as possible so it can be addressed, and the link removed if necessary.
Should the privacy policy update, it takes immediate effect seven days after it is published here. As ByteHyve is constantly evolving, some changes can be expected regarding this privacy policy. However, it is fair to assume changes only clarify new or updated features. ByteHyve still advises regularly checking for any changes in this privacy policy. Should you have a registered user account, then you will be notified via email on time when the privacy policy changes.
ByteHyve strives to provide the best user experience. Should you have a question or complaint, a message can be sent through the contact form, or directly to support@bytehyve.com.