Terms of Service
These Terms of Service ("Terms") govern your access to and use of HiveThread ("the Service"), a unified-inbox platform operated by Funsquare Pty Ltd (ABN registered in Australia), referred to in these Terms as "HiveThread", "we", "us", or "our". By creating a HiveThread account or using the Service, you ("you" or "the merchant") agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Description of Service
HiveThread is a multi-channel messaging platform that enables small businesses to receive and reply to customer messages from Facebook Messenger, Instagram Direct Messages, SMS (via Twilio), and an embeddable webchat widget, all in one shared inbox. The Service includes team collaboration features such as assignments, internal notes, templates, and auto-responders.
The Service is hosted at app.hivethread.io. We may update or modify the Service's features at any time.
2. Eligibility
To use HiveThread you must:
- Be at least 18 years of age.
- Use the Service for legitimate business purposes (HiveThread is not a consumer product).
- Have the legal authority to accept these Terms on behalf of your business.
- Provide accurate account information and keep it up to date.
- Hold valid credentials for any third-party platform you connect (Facebook Page, Instagram Business account, Twilio sub-account, etc.) and have authority to connect them.
3. Account and Access
You are responsible for maintaining the confidentiality of your HiveThread credentials and for all activity that occurs under your account. You must promptly notify us of any unauthorised access or security incident affecting your account. We are not liable for losses arising from your failure to safeguard your credentials.
You may invite additional team members to your organisation. As the account owner, you are responsible for the actions of all users you invite.
4. Acceptable Use
You agree not to use HiveThread to:
- Send unsolicited commercial messages (spam) through any channel.
- Send messages that are unlawful, deceptive, harassing, defamatory, obscene, or that infringe intellectual property rights.
- Impersonate another person or business.
- Circumvent platform-imposed rate limits, message caps, or access controls.
- Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service.
- Interfere with or disrupt the Service or the servers and networks we use.
- Use the Service to store or transmit malware, viruses, or other harmful code.
- Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure.
5. Third-Party Platform Compliance
HiveThread connects to Meta (Facebook Messenger and Instagram) and Twilio to deliver its core functionality. When you connect these channels, your use of the Service is also subject to the terms of those platforms, and you are responsible for complying with them. In particular, you agree to comply with:
- Meta Platform Terms, Messenger Platform Policy, and Instagram Platform Policy — including restrictions on messaging windows, message types, content, and use of profile data obtained from the Meta APIs.
- Twilio Acceptable Use Policy (AUP) and Twilio Messaging Policy — including carrier-imposed restrictions on SMS content, opt-out handling, and sender identification.
- Australian Spam Act 2003 — you must have the recipient's consent (express or inferred), identify yourself as the sender, and provide a functional unsubscribe mechanism.
- United States Telephone Consumer Protection Act (TCPA) — if you are sending SMS to U.S. recipients, you must have valid prior express written consent and honour all opt-out requests.
- All other applicable anti-spam, telemarketing, and consumer-protection laws in the jurisdictions in which you operate and send messages.
We are not responsible for changes to third-party APIs, platform policies, or carrier rules that may affect the functionality of the Service. Meta or Twilio may suspend or revoke access to their platforms at any time, and in that case HiveThread's corresponding features may be unavailable until restored.
6. End-Customer Consent
You, the merchant, are solely responsible for obtaining and maintaining valid consent from your end-customers to receive messages from you through any channel connected to HiveThread, where such consent is required by law. HiveThread is a messaging tool; it does not obtain consent on your behalf and does not verify the lawful basis for any message you send. You indemnify HiveThread against any claim arising from a message you sent without valid consent.
7. Subscription Plans and Billing
HiveThread is currently in private beta (Phase 1C). Paid subscription plans are planned for a future phase. When paid plans launch, pricing and billing terms will be published in the app and made subject to these Terms (or an updated version). Until that time, the Service is provided on a trial basis at no charge and may be modified, limited, or suspended at our discretion.
8. Intellectual Property
The HiveThread application, including its source code, design, brand, and documentation, is owned by Funsquare Pty Ltd and protected by Australian and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own internal business purposes, subject to these Terms.
Your content — including messages sent and received through the Service and any data you upload — remains your property. By using the Service, you grant us a limited licence to store, process, transmit, and display your content strictly for the purpose of operating the Service for you.
9. Availability and Uptime
We aim to provide a reliable service but do not guarantee uninterrupted availability. The Service depends on third-party infrastructure including Railway, Cloudflare, Meta, and Twilio. We are not liable for downtime or degraded performance caused by these third parties, by scheduled maintenance, or by events beyond our reasonable control.
10. Disclaimer of Warranties
To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. Nothing in these Terms is intended to exclude, restrict, or modify any consumer rights that cannot lawfully be excluded under the Australian Consumer Law.
11. Limitation of Liability
To the fullest extent permitted by law, HiveThread and Funsquare Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, arising from or related to your use of the Service, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising from or related to these Terms or the Service, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the amount you paid us in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred Australian dollars (A$100).
12. Indemnification
You agree to indemnify, defend, and hold harmless HiveThread, Funsquare Pty Ltd, and its directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
- Your use or misuse of the Service.
- Your breach of these Terms.
- Your breach of any third-party platform terms (Meta, Twilio, or otherwise).
- Any message you sent through the Service without a lawful basis or valid end-customer consent.
- Your violation of any applicable law or regulation.
- Any content you or your team members upload or transmit through the Service.
13. Termination
By you. You may terminate your account at any time by contacting [email protected] or by using the account deletion feature in the app when available. Upon termination, your conversation data will be deleted in accordance with our Privacy Policy.
By us. We may suspend or terminate your access to the Service, with or without notice, if:
- You materially breach these Terms or violate any applicable law.
- Your use of the Service creates a security, legal, or reputational risk to us or other users.
- A third-party platform (Meta, Twilio, or otherwise) requires us to suspend your access.
- We discontinue the Service or a material feature of it.
Termination does not relieve you of any obligations accrued before the termination date (including payment obligations, once paid plans launch).
14. Changes to These Terms
We may update these Terms from time to time. We will notify merchants of material changes by email or through the app. The "Last updated" date at the top of this page will reflect the most recent change. Your continued use of the Service after a change becomes effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to stop using the Service and close your account.
15. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict-of-laws principles. You agree that any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
16. Dispute Resolution
Before commencing any formal legal proceeding, you agree to first contact us at [email protected] and attempt in good faith to resolve the dispute informally. If the dispute is not resolved within 30 days of that initial contact, either party may pursue formal remedies in the courts of New South Wales, Australia.
17. General
If any provision of these Terms is held to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms without restriction. These Terms, together with our Privacy Policy, constitute the entire agreement between you and HiveThread regarding the Service.
18. Contact
For questions about these Terms, please contact:
HiveThread (Funsquare Pty Ltd)
Email: [email protected]
Based in New South Wales, Australia