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Hiveworks Inc. Service Agreement

Effective Date: April 16, 2024

1. Definitions

For the purposes of this Agreement:

  • "Agreement" means this Service Agreement.
  • "Hiveworks" refers to Hiveworks Inc., a corporation incorporated in Ontario, Canada.
  • "Client", "you", or "your" means the person or entity agreeing to this Agreement by signing up for the Platform.
  • "Platform" means the Hiveworks web application and related services that facilitate the administration of Health Spending Accounts (HSAs).
  • "Eligible Expense" means a medical or health-related expense that meets the criteria set out by the Canada Revenue Agency (CRA) for reimbursement through an HSA.
  • "Claim" refers to any submission of an expense for reimbursement through the Platform.

2. Acceptance of Terms

By creating an account, subscribing to a plan, or using any part of the Hiveworks Platform, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you do not agree, do not use the Platform.

By agreeing to this Service Agreement, you also acknowledge and accept the terms of our Privacy Policy, which governs how we collect, use, and protect your personal information.

3. Scope of Services

Hiveworks provides a digital tool that enables incorporated individuals and small business owners to:

  • Set up a Health Spending Account (HSA);
  • Add dependents;
  • Manage funding and reimbursement processes;
  • Submit health-related expense claims;
  • View payment history and manage profile information.

Hiveworks does not provide:

  • Tax advice;
  • Legal advice;
  • Professional accounting services;
  • Verification of medical eligibility or CRA compliance for submitted claims.

You are solely responsible for ensuring your use of the Platform complies with CRA rules.

4. Client Eligibility

To use Hiveworks, you must:

  • Be an incorporated individual or registered Canadian business;
  • Be operating within a Canadian jurisdiction;
  • Use the Platform solely for your business and eligible dependents;
  • Ensure that all information submitted is complete, accurate, and current.

5. Fees and Payment Terms

You may select from the following plans:

  • Annual Plan: $249/year, submit unlimited claims.
  • Pay-As-You-Go (PAYG): 8% transaction fee per claim, no annual fee.

All fees are in CAD and subject to applicable taxes.

  • Payments are processed via third-party processor Clover.
  • Refunds are available within 30 days of initial signup if no claims have been submitted.
  • Annual plans auto-renew each year; we'll notify you 30 days before renewal.

You authorize Hiveworks to charge your provided payment method for fees associated with your selected plan.

All fees are subject to change without notice. Continued use of the Platform constitutes your acceptance of any such changes.

Plan Effective Date

Your plan becomes effective on the date you complete your signup. Only expenses incurred on or after this effective date are eligible for reimbursement. Expenses dated prior to your effective date will not be accepted under any circumstances.

6. Claims & Documentation

You are responsible for:

  • Ensuring all submitted expenses are eligible under CRA rules
  • Uploading valid, legible receipts and supporting documentation
  • Retaining original receipts and proof of payment for at least 6 years, as required by the CRA
  • Accurately reporting amounts, vendor names, service types, and dates of service

Hiveworks reviews claims to confirm that the submitted expense appears on the CRA's list of eligible medical expenses. However, we do not verify the accuracy, completeness, or appropriateness of the information provided. You are ultimately responsible for ensuring all claims meet CRA criteria.

If your claims are reviewed by the CRA, you are solely responsible for providing supporting documentation. Hiveworks is not the system of record and assumes no responsibility for recordkeeping on your behalf.

CRA guidelines regarding HSA eligibility may change. Hiveworks does not guarantee that any specific expense will be eligible under future CRA rules.

Hiveworks retains submitted claims and associated information for at least six (6) years. After that period, data is securely deleted using industry-standard methods.

7. Compliance

You agree that:

  • Hiveworks performs a basic eligibility check but is not liable for any disputes, penalties, or reassessments
  • You will seek your own tax or legal advice as necessary
  • Use of the Platform is at your own risk
  • Claim outcomes may depend on details beyond the scope of our review, such as how the service was used, who it was for, or how your company processed the reimbursement. Hiveworks is not responsible for any issues arising from the use of the Platform.

8. Funding and Reimbursements

Reimbursements are issued to the personal bank account you provide, once your company has sent funds to cover submitted claims.

You agree to:

  • Provide accurate banking information;
  • Understand that incorrect information may delay or prevent reimbursements;
  • Acknowledge that Hiveworks encrypts bank details but cannot guarantee uninterrupted transfer service.

We use third-party providers such as Rotessa to process Pre-Authorized Debits when funding your account. These services are governed by their own terms and may change over time.

9. User Responsibilities

You agree not to:

  • Submit false, misleading, or fraudulent claims;
  • Share access to your account with unauthorized parties;
  • Attempt to reverse-engineer or tamper with the Platform;
  • Circumvent or disable security or authentication measures.

You are solely responsible for all actions taken under your account.

10. Limitation of Liability

To the fullest extent permitted by law:

  • Hiveworks shall not be liable for any indirect, incidental, special, or consequential damages;
  • Hiveworks' total liability for direct damages shall not exceed the total amount of fees you paid in the 12 months preceding the event giving rise to the claim;
  • Hiveworks makes no warranties, express or implied, about the suitability, accuracy, or availability of the Platform.

Hiveworks implements industry-standard safeguards to protect your personal, financial, and health information from unauthorized access, cyber threats, and misuse. In the event of a data breach, Hiveworks will respond in accordance with applicable privacy laws and as outlined in our Privacy Policy.

11. Indemnification

You agree to indemnify, defend, and hold harmless Hiveworks, its directors, officers, employees, and contractors from any claims, damages, liabilities, or legal fees arising from:

  • Your use or misuse of the Platform;
  • Fraudulent or inaccurate information provided by you;
  • CRA audits, disputes, or rulings resulting from your claims;
  • Violation of applicable laws or the rights of third parties.

12. Termination

You may terminate your subscription at any time through your account dashboard. Hiveworks may terminate or suspend your access for cause, including suspected fraud, breach of terms, or non-payment.

Termination does not relieve you of the obligation to pay any outstanding fees.

Terminations outside of the 30-day refund window or for non-compliant use will not result in a refund of annual fees already paid.

Hiveworks reserves the right to delete inactive Pay As You Go accounts that have had no claim submissions or payments for a continuous period of 24 months. Prior to deletion, we will attempt to notify you using your last known contact information.

13. Intellectual Property

All Platform content, including logos, software, branding, and interface elements, are the property of Hiveworks or its licensors. You may not copy, modify, distribute, or create derivative works without written permission.

14. Governing Law

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes shall be resolved in the courts of Ontario.

15. Force Majeure

Hiveworks is not liable for any failure to perform due to causes beyond its reasonable control, including natural disasters, pandemics, labor strikes, power failures, or Internet disruptions.

16. Changes to this Agreement

Hiveworks may update this Agreement periodically. Changes will be communicated through your account or by email. Continued use of the Platform following notice constitutes your acceptance of the updated Agreement.

17. Contact Information

Hiveworks Inc.
Email: contact@hiveco.ca
Jurisdiction: Ontario, Canada