Welcome to HiveMTD! 

We’re thrilled to have you on board. Before you begin using HiveMTD, we ask that you carefully  read and accept these terms. We’ve tried to make them as straightforward as possible so that  you understand both your rights and what we expect from you. 

To make things easier, each section begins with a quick summary so you’ll know what to expect  before diving into the details. 

These terms outline important legal rights and responsibilities. If you decide not to accept them,  you won’t be able to use our services. 

If anything is still unclear after you’ve read these terms, please reach out to us via HiveMTD  Support. We’re here to help. 

1. Joining and using HiveMTD 

This section outlines how to subscribe to HiveMTD and make use of our services. Terms defined  in bold have the same corresponding meaning throughout. 

1.1 You and HiveMTD: 

References to “you” or “your” include both you as an individual and any entity or firm you  are authorised to represent. References to “HiveMTD”, “MMCAServices”, “we”, “our” or  “us” refer to the relevant MM Consulting & Accounting Ltd Services entity with which you  have contracted and pay fees to, as identified in Section 71. 

1.2 Our services: 

Our services encompass all current and future offerings, including our online and mobile  accounting, tax and financial solutions. 

1.3 Creating a subscription: 

By creating a subscription and accepting these terms, you become a “subscriber.” As the  subscriber, you assume responsibility for all subscription fees. 

1.4 Invited users: 

“Invited users” are individuals, other than the subscriber, who are invited to use our  services under the subscriber’s account. Invited users must also accept these terms  before using the services. 

1.5 Partner program: 

If you participate in our partner program, please review the separate partner terms for  additional conditions. 

1.6 User roles and access: 

If you are a subscriber inviting others to use your subscription, you must understand the  access levels and permissions you grant. Additional guidance on user roles and  permissions is available on HiveMTD Support. For instance, if you’re a small business  invited user and your advisor is the subscriber, you can learn more about that arrangement  on HiveMTD Support. 

1.7 Online payments: 

If you are located in a region specified in our online payments terms and choose to connect  Stripe to your subscription (enabling you to receive online payments through HiveMTD  invoices), those online payments terms apply.

1.8 Your right to use our services: 

Whether you are a subscriber or an invited user, we grant you a right to use our services— within the limits of your subscription type, user role, and access level—as long as the  subscriber’s account remains active and paid, or until such access is otherwise revoked. 

1.9 Subscriber responsibilities: 

As a subscriber, you have full control over and responsibility for your subscription,  including: 

1.9.1 The ability to transfer your subscription to another party. 

1.9.2 Determining who is granted access, what level of access they have, and when their  access is changed or revoked. 

1.9.3 Resolving any disputes with invited users regarding access. You can learn more  about dispute procedures in the relevant clauses of these terms or by visiting  HiveMTD Support. 

If you participate in our partner program and/or act as a subscriber on behalf of a client  under our partner program, we may require you to provide the client with read-only access  as per the partner terms. 

Ultimately, you are accountable for all actions taken by your invited users. 

1.10 Your responsibilities: 

You must keep all information associated with your account, such as your email address,  accurate and up to date. You are responsible for ensuring that any information you use or  rely on from our services is accurate for your legal, tax, and compliance requirements. You  must safeguard your username and password. Although we enforce minimum password  standards, we recommend using a strong, non-obvious password. For additional security  guidance, see the relevant security sections below. 

1.11 Rules: 

Regardless of your role, by using HiveMTD you agree to follow the rules listed in section 46.  Please read and understand your obligations before proceeding. 

1.12 New or revised services: 

We continually enhance our offerings. If we introduce new or updated services, there may  be supplemental terms. We will inform you of any new terms before you use those services. 

1.13 Our ownership: 

Except where otherwise noted, HiveMTD owns all components of our services, including  their design, layout, and intellectual property. This encompasses copyrights, trademarks,  designs, inventions, and all other intellectual property rights. You agree not to copy,  distribute, modify, or create derivative works from our content, or use any of our  intellectual property without our express permission. 

1.14 Legislative References and Interpretations: 

Any reference in this Agreement to a statute, statutory provision, or subordinate legislation  shall be construed as referring to such legislation as amended, re-enacted, or otherwise in  force at the relevant time. This includes any subsequent statute, statutory provision, or  subordinate legislation that modifies or replaces it. In addition, any technical terms not  defined herein shall be interpreted in accordance with the prevailing usage within the  United Kingdom’s computer software industry.

2. Data use and privacy 

HiveMTD utilises your data to deliver our services. Our Privacy Policy, which is incorporated into  these terms, provides detailed information on how we handle personal data, including details like  your name and email address. 

2.1 Use of data: 

When you upload or enter your data into our services, you retain ownership of that data.  However, you grant us a licence to use, copy, transfer, store, analyse, and back up all data  you submit, including any personal data relating to yourself or others. We do this to: 2.1.1 Enable you to use our services 

2.1.2 Improve, develop, and protect our services 

2.1.3 Create new services 

2.1.4 Communicate with you about your subscription 

2.1.5 Send you information that may interest you, based on your marketing preferences 2.1.6 Disclose data to trusted third-party providers and partners to support these  functions 

2.2 Your personal data: 

We value your privacy and comply with applicable data protection laws. In addition to  these terms, our Privacy Policy explains how we process your personal data, such as your  name and email address, when you use HiveMTD. 

2.3 Personal data of others: 

If you enter personal data about others (for example, customers, suppliers, or employees),  our data processing terms may also apply, depending on where those individuals are  located. 

2.4 Anonymised statistical data: 

We may generate anonymised, aggregated statistical data from your usage. Once  anonymised, we may use this data for various purposes, including improving our services,  developing new offerings, identifying business trends, and other uses we communicate to  you. 

2.5 Data breach notifications: 

If unauthorised access to personal data within your HiveMTD account occurs, we will notify  you and, where possible, provide details. Depending on the incident’s nature and your  contacts’ location, you may need to determine if the breach should be reported to those  individuals or relevant authorities. You are best placed to make that decision, as you know  the personal data you have entered. 

3. Confidential information 

During your use of our services, you may share confidential information with us and learn  confidential information about us. We take reasonable steps to safeguard your confidential  information and expect you to do the same with ours. 

3.1 Keeping it confidential: 

Both parties agree to take appropriate measures to prevent unauthorised access to each  other’s confidential information. Either party may disclose confidential information to legal  or regulatory authorities if required by law.

3.2 Protection of confidential information: 

Both parties agree to take reasonable measures to prevent the disclosure or distribution of  the other party’s Confidential Information by its employees or agents, except as permitted  under the terms of this Agreement. 

3.3 Exceptions to Confidential Information 

Confidential Information does not include any information that: 

3.3.1 becomes publicly available through no improper act or omission by the receiving  party; 

3.3.2 was lawfully in the receiving party’s possession prior to disclosure; 

3.3.3 is lawfully provided to the receiving party by a third party without an obligation of  confidentiality; 

3.3.4 is independently developed by the receiving party, as demonstrated by written  evidence; or 

3.3.5 must be disclosed by law, a court of competent jurisdiction, or a relevant regulatory or  administrative authority. 

4. Security 

We prioritise security, and you should as well. We offer features like multi-factor authentication  to help protect your data. 

4.1 Security measures: 

We have implemented technical, physical, and administrative measures to help protect  your data. While no system is entirely secure, we strive to maintain high standards of  security. If we suspect unauthorised access to your account, we may notify you and  possibly limit access until you confirm that use is authorised. 

4.2 Account security measures: 

We may introduce security measures (for example, multi-factor authentication) to  enhance your account’s protection. In some cases, using these features may be  mandatory. If optional, choosing not to use them is your responsibility, and we are not  liable for any resulting consequences. We strongly recommend that you enable all  available security features. 

4.3 Your role in protecting data: 

You must keep your login credentials secure and ensure strong security measures on your  own devices and networks. If you discover any unauthorised use of your account or a  security breach (including breaches of the email address linked to your account), inform  us immediately. You also agree not to store personal data, credit card details, tax IDs, or  bank account details in free-form fields unless specifically requested for that purpose. For  more data security tips, see our guides and HiveMTD Support. 

4.4 Virus protection and data backup: 

We will use all reasonable efforts to ensure that the areas of our Software and/or Website  provided as part of our Solution and Support services are accessible free from viruses.  However, we cannot guarantee the complete absence of viruses. We strongly recommend  that you maintain and use your own virus protection software and take regular backups of  your data. 

5. Pricing 

Unless you are on a free trial or another promotional offer, you must pay for a subscription  according to the pricing plan you have chosen. The details of your chosen plan, including pricing  and related terms, will be provided when you select it. Please note that this section applies only  to subscribers, not invited users.

5.1 Trial subscriptions: 

When you first sign up, you may be eligible for a free trial under the terms presented at that  time. If you continue using our services after the trial ends, we’ll begin charging you once  you provide your billing details. You can find more information about this process in the  pricing plan and on HiveMTD Support. If you decide not to continue after the trial, you may  delete your account with HiveMTD. 

5.2 HiveMTD pricing plans: 

Generally, using our services requires payment of a monthly subscription fee, which  depends on your chosen subscription type. Your pricing plan includes details about fees,  billing intervals, payment methods, auto-renewals, and cancellation policies. These plans  may vary by region and are detailed in the offer terms and on our pricing page. We may  update our pricing plans from time to time, and such updates form part of these terms.  However, any changes will not apply retroactively. If you’re a subscriber, we’ll make  reasonable efforts to notify you of any changes in advance (see Section 66). You can learn  how to adjust your pricing plan on HiveMTD Support. Depending on your region,  subscription fees may be inclusive or exclusive of certain transaction taxes (such as VAT  or GST). 

5.3 Taxes on your use of our services: 

You are responsible for paying all other applicable taxes and fees associated with using our  services, including any withholding taxes required by law. We may use your geographical  information to determine applicable taxes, so it’s important that the location data you  provide is accurate for tax purposes. 

5.4 Timely payments: 

To maintain uninterrupted access to our services, you must ensure that payments are  made on time according to your selected pricing plan. Please keep your payment  information current and accurate. If we don’t receive payments when they’re due, we may  suspend access to your subscription until all outstanding amounts are paid. 

5.5 Add-on features: 

Depending on your location and how you use our services, you may have the option to  purchase additional features or services. If any additional fees apply, we will inform you  before you commit to them. 

6. Apps and third-party products 

The HiveMTD environment includes apps, products, and services from trusted partners,  accessible through the HiveMTD App Store. 

6.1 Other services: 

Certain features, like our mobile apps or multi-currency functionality, may be delivered via  third-party platforms (e.g., Google Play, Apple App Store, XE.com). Such platforms may  impose their own terms and conditions. 

6.2 Automated bank feeds: 

If you use automated bank account feeds, then you will have two options for these feeds. As a first option our automated bank account feeds are enabled by Plaid as part our  integrated services. In this case, in addition to the HiveMTD terms of use given in this  document, the Plaid terms of use is also applicable on your account with HiveMTD. If your  bank or credit union connects to HiveMTD directly, then you can choose to use those  feeds. In this case, in addition to the HiveMTD terms of use given in this document, your  bank’s terms of use is also applicable on your account with HiveMTD. While most feeds  are free, some may incur extra charges. We will notify you of any fees in advance. You can 

discontinue bank feeds at any time (see HiveMTD Support for instructions). Additional  terms may apply if you are in the UK and use our account information services. 

6.3 Third-party products: 

You may access third-party apps, data, or services alongside our own. These third-party  providers operate independently from us and may charge their own fees. Your relationship  with these providers is governed by their terms, not ours. 

6.4 HiveMTD App Store: 

Depending on your region, you can purchase our services or third-party products via the  HiveMTD App Store. You are responsible for all fees and taxes related to your use of these  apps. We’ll display any fees before purchase. By buying an app, you authorise us to  process payment using your chosen payment method. See HiveMTD Support for guidance  on managing connected apps. 

6.5 Third-party terms and descriptions: 

Third-party products are governed by their own terms, conditions, and privacy notices. It’s  important that you review these carefully before using or connecting them to your  subscription. While we attempt to verify the accuracy of product descriptions, providers  are solely responsible for their representations. We do not endorse or accept responsibility  for third-party products. 

6.6 Use of your data with third-party products: 

If you connect third-party products to your subscription, we may share your personal data  to facilitate that connection. Any data we receive from these providers is handled  according to our Privacy Policy and these terms. 

6.7 Payments to HiveMTD by third parties: 

Some third-party providers may pay us fees based on referrals, revenue, or data access  (with your consent). For example, if you apply for a loan through a third-party lender using  your HiveMTD data, that lender may pay us a referral fee. 

7. Maintenance, downtime and data loss 

We aim to minimise downtime, but periodic maintenance or unexpected issues may arise. It’s  wise to back up your data on regular basis, as interruptions in service or data loss can occur. 

7.1 Website and/or Application availability: 

We endeavour to keep our services available and provide online support around the clock.  Occasionally, maintenance requires downtime. We’ll try to give you advance notice but  cannot guarantee it. 

7.2 Services access issues: 

Sometimes you may not be able to access the services or your data due to various reasons  beyond our control. 

7.3 Data loss: 

Data loss is a risk inherent in all technology. You are responsible for maintaining your own  backups. Refer to HiveMTD Support for instructions on exporting your data. Except as set  out in Section 55, we are not liable for data loss. 

7.4 Compensation for downtime: 

If our services experience a system-wide downtime lasting more than eight consecutive  hours, you may request compensation. At our discretion, we may provide a pro-rata refund  or future service credit. Under any circumstances the compensation amount will not be  more than the limit mentioned in the clause 9.3.3.2 of this agreement. Requests must be 

in writing and sent within 21 days of the downtime. We will not compensate for downtime  caused by: 

7.4.1 Maintenance 

7.4.2 Events beyond our reasonable control, including third-party outages 7.4.3 Your breach of these terms 

7.4.4 Issues with your own equipment, software, or network 

Please note, section 55 also applies. 

7.5 Problems and support: 

If you encounter issues, consult HiveMTD Support articles first. If you still need help, you  can contact our support team directly via the link provided at the bottom of any HiveMTD  Support article. 

7.6 Modifications: 

We frequently update, improve, and sometimes remove features. We’ll try to notify you  when practical (for example, via email, our blog, or in-service notifications). 

8. Allowed and prohibited activities 

This section details how you should and should not use our services. 

8.1 Feedback: 

Your feedback is always welcome and we may use it freely without restrictions. 

8.2 Discussions on HiveMTD Support: 

You may engage in discussions about our services on HiveMTD Support. Only share  information you’re comfortable making public and avoid posting anything you don’t have  the right to share. Refer to our discussion guidelines for more details. 

8.3 Limitations: 

Some services have usage limits, such as a maximum number of daily and/or monthly  transactions, size and/or type of documents allowed to be uploaded, size and/or space for  the storage of your data and/or documents, number of API calls per day and/or per month. 

8.4 Free trials or beta services: 

Occasionally, we may offer free trials or beta services. These are provided without  guarantees and you use them at your own risk. 

8.5 Proper use of our services: 

We offer guidance and resources (through HiveMTD Support, our website, events,  webinars, and other communications) to help you use our services correctly. You agree to  use our services only for lawful business purposes. 

8.6 Prohibited activities: 

While not exhaustive, the following are expressly prohibited: 

8.6.1 Undermining our system security or networks 

8.6.2 Using the services in a way that impairs their functionality or others’ use 8.6.3 Unauthorised access to any system 

8.6.4 Uploading viruses or malicious code 

8.6.5 Sharing offensive or unlawful content, or content infringing others’ rights 8.6.6 Modifying, copying, adapting, reverse engineering, or disassembling our services 8.6.7 Reselling or leasing our services unless expressly permitted 

8.6.8 Repurposing or sublicensing leads or data obtained through our services 8.6.9 Engaging in fraud or illegal acts through our services 

8.6.10 Abusing or bullying HiveMTD employees, partners, or customers

9. Liability and indemnity 

This section is critical and explains the allocation of liability between us and you. 

9.1 Your indemnity to us: 

You agree to indemnify us against any losses, costs, expenses, demands, or liabilities  arising from third-party claims related to your use of our services or any third-party product,  except where those losses arise from: 

9.1.1 Our breach of these terms 

9.1.2 Our gross negligence, wilful misconduct, fraud, or material error 

We will take reasonable steps to mitigate losses where possible. 

9.2 Disclaimer of warranties: 

Subject to the exceptions in Section 60 and applicable consumer laws, our services and  any third-party products are provided “as is.” We disclaim all express or implied  warranties, including non-infringement, merchantability, and fitness for a particular  purpose. 

9.3 Limitation of liability: 

To the extent permitted by law, our liability is limited as follows: 

9.3.1 We are not liable for indirect or consequential losses, including loss of profit,  revenue, goodwill, customers, capital, or anticipated savings, and any reputational  damage, or losses stemming from other contracts, compliance issues, or similar  issues. 

9.3.2 In the event of data loss or corruption, we will take reasonable steps to recover it  from our backups. 

9.3.3 Our total aggregate liability in any 12-month period is limited to the greater of: 9.3.3.1 total subscription fees you paid to us in the 12 months immediately  preceding the date on which the incident giving rise to the claim took  place; or 

9.3.3.2 the sum of £150 including taxes 

If you have not paid all or any part of the Subscription Fees to us in the 12 months  immediately preceding the date on which the incident giving rise to the claim took place,  the provisions of clause 9.3.3.2 shall apply 

This limitation does not apply where prohibited by law, or in cases of our gross negligence,  fraud, or wilful misconduct. 

10. Termination 

You can end your subscription by giving one month’s written notice. We can also terminate with  the same notice period. In some cases of breach, we may terminate your subscription immediately. 

10.1 Subscription period: 

Your subscription remains active for the length of the paid or payable subscription period. 

10.2 Automatic renewal: 

At the end of each billing period, your subscription renews for another equivalent term as  long as you continue paying the fees according to your pricing plan. 

10.3 Termination by you: 

You may terminate at any time by giving us one month’s written notice. You are still  responsible for all subscription fees up to and including the termination date. Refer to  HiveMTD Support for instructions on cancelling.

10.4 Termination by HiveMTD: 

10.4.1 We may terminate your subscription with one month’s written notice. We may also  immediately suspend or terminate your subscription if: 

• You breach these terms and fail to remedy it within 14 days of receiving notice • You breach these terms and it can’t be remedied 
• You or your business face insolvency, liquidation, or similar events 

10.4.2 If you fail to pay on time, we will attempt to notify you. If a cleared payment is not  received in our bank accounts: 

• Within 7 days of the due date, we may suspend your subscription 
• Within 14 days of the due date, we may terminate your subscription 

In this case, you can reactivate your subscription by paying outstanding fees in full. 

10.5 No refunds: 

Except as stated in Section 60, no refunds are due if you or we terminate your subscription. 

10.6 Data retention: 

Once terminated, your subscription data is archived. You will no longer have access to it  unless you reactivate your subscription by paying the applicable fees within our data  retention period. You can request complete data deletion if preferred. Find out more about our data retention period and reactivating your HiveMTD subscription on HiveMTD  Support. 

11. Disputes 

This section explains how disputes might be resolved. 

11.1 Dispute resolution: 

Most issues can be resolved promptly and amicably by contacting our support team via the  link at the bottom of any HiveMTD Support article. If we cannot resolve your complaint to  your satisfaction after reasonable attempts, we and you agree to settle the dispute through  binding arbitration or in a small claims court, rather than in a court of general jurisdiction.  Where permitted by applicable law, you and we also agree that any claims must be brought  on an individual basis and not as a claimant or class member in any class or representative  action. You are solely responsible for resolving disputes between you and any other  subscriber or invited user. 

11.2 Disputes over access to your HiveMTD account: 

Access rights depend on whether you are a subscriber or an invited user, as defined in  these terms. 

11.2.1 Subscribers determine the level of access granted to invited users. 11.2.2 Invited users only have the level of access granted by the subscriber or anyone the  subscriber has authorised to manage users. If you need higher access levels,  contact the subscriber or a user with manage-user permissions. 

For any dispute relating to access, review the agreement between you and the other party,  as well as these terms. If you are subject to a partner arrangement (for example, if you’re  working with an advisor who is a HiveMTD partner), the partner terms and any applicable  partner code of conduct may require the partner to provide read-only access under certain  circumstances, enabling a client to continue operating their business. 

11.3 Transferring a subscription: 

If you wish to transfer a HiveMTD subscription, you must direct your request to the current  subscriber. If needed, you can also reach out to HiveMTD Support, and we may attempt to  assist by contacting the subscriber on your behalf. Please note that for security reasons, 

we must follow a set process when handling subscription transfer requests, which  includes contacting the subscriber via their registered email address. We cannot bypass  the subscriber or skip this process. 

If the subscriber refuses a transfer request, you must address the matter directly with  them. If you’re unable to reach a resolution, you may consider mediation, arbitration,  seeking assistance through professional bodies (if applicable), or involving the courts to  resolve the dispute. Under any circumstances, HiveMTD or its partners are not responsible  for resolution of this issue with a subscriber. 

12. General terms for the housekeeping 

The following points cover additional important provisions. 

12.1 No professional advice: 

HiveMTD is not a professional advisory firm. Any business advice or information we provide  (such as tips for running a small business) is for general guidance only and should not be  considered a substitute for professional advice. We are not liable if you choose to rely on this information. 

12.2 Events outside our control: 

We are not liable for any failure or delay in performing our obligations under these terms  caused by events or circumstances beyond our reasonable control. 

12.3 Notices: 

You must send any notices to HiveMTD at legal@hivemtd.com. We will send notices to you  at the email address associated with your subscription. 

12.4 Non-excludable guarantees: 

In some jurisdictions, certain warranties, guarantees, or rights may be provided by law and  cannot be excluded (non-excludable guarantees). If you reside in one of these  jurisdictions, those non-excludable guarantees still apply. Apart from these, we are only  bound by the express promises in these terms. For any breach of a non-excludable  guarantee, we may choose to either replace the service or pay the cost of replacing it,  unless the law states otherwise. 

12.5 Export limitations: 

You must not use our services in violation of any applicable export or trade embargo laws. 

12.6 Excluded terms: 

The United Nations Convention on Contracts for the International Sale of Goods and the  Uniform Computer Information Transactions Act (UCITA) do not apply to these terms. 

12.7 Blocking access, disabling subscriptions, or refusing payments:

Because our services are available globally, we may need to take certain actions due to  varying legal requirements in different countries. We may block your access, terminate  your subscription, or refuse to process a payment if we reasonably believe there is a legal,  regulatory, or reputational risk in doing so. For example, if a payment originates from a  sanctioned individual or country, or if we believe accepting it could violate a law. You  confirm that you are not located in a sanctioned country and are not on any sanctioned  persons list. If we cannot receive payments from a country, we may block users from that  country. We may take such actions without prior notice. 

12.8 Relationship between the parties: 

Nothing in these terms creates a partnership, joint venture, employment, or agency  relationship between you and us, or between you and any other subscriber or invited user.

12.9 Transfer of these terms: 

We may transfer these terms, or any of our rights or obligations under these terms, to  another entity as we see fit. If HiveMTD (or a significant portion of it) is sold or merged, we  will notify you. Subscribers may transfer their subscription to a new subscriber as outlined  in Section 9. 

12.10 Changes to these terms: 

We may update these terms from time to time. Such changes will not apply retrospectively.  We will endeavour to give you 60 days’ notice for material changes unless immediate  changes are required due to factors outside our control. Notices may be provided by email  or through a prominent notice within our services. If a change isn’t material, we may not  provide notice. If you find any updated term unacceptable, you may terminate your  subscription by giving the usual notice. 

12.11Enforcement of terms: 

If any part of these terms cannot be enforced, the rest still applies and remains in full force. 

12.12Interpretation: 

Terms such as “include” or “including” should be interpreted as “including without  limitation.” Where our discretion is mentioned, it refers to our sole discretion. 

12.13HiveMTD contracting entities; law and place: 

The HiveMTD contracting entities are the companies controlled by or under common  control with MM Consulting & Accounting Limited, a British company registered in England  (Company No. 09118765). Following are the details on the relevant HiveMTD entity,  governing law, and jurisdiction based on your region. This list cites the law and places  applicable on any dispute between you and us. 

This is end of the document. Thank you for reading the HiveMTD terms of use. If you agree  with these terms, please enjoy our products and services.