Support Periods Maintenance and Support Terms and Conditions

EFFECTIVE AS OF JUNE 15, 2026 (“Effective Date”)

The following sets forth the terms and conditions of the agreement (“Agreement”) for the provision of maintenance and support services (“M&S Services”) by a Creator in connection with the purchase of Products by a customer (“Customer”) on the Site. All terms not defined herein shall have the meaning set forth in Superhive’s Terms of Service (“TOS”).

SCOPE:

Creator shall provide Customer, at no additional charge, M&S Services to Customers who have purchased Products and solely under the terms and conditions hereof. Creator has no obligation to provide M&S Services other than as set forth herein.

A Creator’s M&S Services may include, but are not limited to, the following:

Product Support: Assistance with Product inquiries, technical support, and troubleshooting.
General Inquiries: Responses to general questions about the Products.
Upgrade Protection: Providing Customers, at no additional charge (other than any applicable shipping charges, if any), with software releases, updates, upgrades, and/or software patches as issued by the Creator(s) during the M&S Services Period (as defined below); provided, however, Customer shall be solely responsible for installation and/or upgrade of the Products.

Creator(s) shall use commercially reasonable efforts to maintain and support the Products so that they operate without issues. M&S Services consists of assistance to a Customer via the Internet and/or telephone with respect to use of the Product and to resolve issues. M&S Services will be available during Creator’s business hours, Monday through Friday, excluding local holidays.

M&S Services are provided only for Products that are actively being sold on the Site.

For the avoidance of doubt, Customer shall have continued use of the Product(s) purchased on the Site, subject to the continued adherence to the terms and conditions of this Agreement and/or the relevant license agreement with the Creator, SH, and/or Autotroph.

TERM:

Subject to a Creator opting in to provide M&S Services for a Product, the initial period for the M&S Services for a Product is one (1) year from the date of purchase of such Product by the Customer (“M&S Services Period”) , unless otherwise stated herein.

Creator reserves the right to provide M&S Services to any Customer following expiration of the M&S Services Period, in his/her/its sole discretion.

For the avoidance of doubt, any Customers who purchased Products prior to the Effective Date (“Previously Purchased Products”) shall not be subject to the M&S Services Period restriction and shall have continued and uninterrupted maintenance and support from the Creator(s) for such Previously Purchased Products without any diminished maintenance and support.

For the avoidance of doubt, SH and/or Autotroph have/has no obligation whatsoever to furnish any maintenance and/or support services with respect to the Products.

RIGHT TO DISCONTINUE M&S SERVICES:

Customer acknowledges and agrees that Creator has the right to discontinue the sale and development of any Product as well as the M&S Services associated therewith, including the distribution of older Product versions, at any time in its sole discretion; provided, however, that Creator agrees not to discontinue the support for such Product during the M&S Services Period, subject to the termination provisions herein.

TERMINATION:

M&S Services may be terminated by Creator and Autotroph for: (a) abusive or fraudulent use of the M&S Services by Customer; (b) breach of the license terms by Customer in connection with the Product; and/or (c) breach of any third-party rights (e.g., copyright, trademark, rights of publicity).

EXCLUSIONS:

M&S Services does not include: (a) support or fixes for errors that result from the unauthorized or improper use of any Product or that results from the failure to implement any relevant improvements or modifications made available by Creator, SH, and/or Autotroph; (b) support or fixes for errors that do not materially affect the operation of the Product; (c) providing custom enhancements, features, and/or modifications; (d) providing assistance for any Customer’s applications or third-party applications; and/or (e) providing support for any hardware or related equipment.

CUSTOMER’S RESPONSIBILITIES.

Customer is responsible for: (a) providing and maintaining all hardware, operating systems, and third-party software required to operate each Product in compliance with minimum requirements for that Product; (b) providing and maintaining phone lines, Internet access, and any other infrastructure required to communicate with Creator, SH, and/or Autotroph; (c) making reasonable efforts to solve problems related to any Product before contacting Creator, SH, and/or Autotroph; (d) providing Creator, SH, and/or Autotroph with all information, documentation, and/or assistance as might reasonably be required in order to perform the M&S Services, including without limitation, providing Creator, SH, and/or Autotroph with the setup information, application knowledge, listing of any output, detailed steps required so that Creator, SH, and/or Autotroph can replicate the problem, exact wording of error messages and any other data that Creator, SH, and/or Autotroph my reasonably request in order to reproduce operating conditions similar to those present when the error occurred; and/or (e) possessing a valid license to each Product for which the M&S Services is sought.

LIMITED WARRANTY:

CREATOR REPRESENTS AND WARRANT THE M&S SERVICES WILL BE PERFORMED IN A WORKMANLIKE MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. CREATOR MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY OTHER WARRANT OF ANY KIND RESPECT ANY MAINTENANCE AND SUPPORT PERFORMED HEREUNDER.

LIMITATION OF LIABILITY:

CREATOR, SH, AND/OR AUTOTROPH DO/DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE M&S SERVICE RESULTS, IDENTIFICATION OF ALL VIRUSES, AND/OR THAT ALL ERRORS AND BUGS WITH BE CORRECTED. IN NO EVENT SHALL CREATOR’S, SH’S, AND/OR AUTOTROPH’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER (FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT, AND/OR OTHERWISE) ARISING OUT OF OR RELATED TO THE M&S SERVICES PROVIDED UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE PURCHASE PRICE OF THE PRODUCT IN WHICH SUCH LIABILITY AROSE.

IMPROVEMENTS TO PRODUCT:

All suggestions, solutions, improvements, corrections, and other contributions provided by Customer regarding the Product shall be owned by Creator, and Customer hereby agrees to assign any such rights to Creator.

CONFIDENTIALITY:

Customer, Creator, SH, Autotroph shall not disclose any M&S Services related information, terms, and/or conditions to a third party, unless required to do so by order of any court or governmental authority of competent jurisdiction.

GENERAL:

This Agreement has been agreed to only in the English language. This English language version shall control regardless of whether any translations of this Agreement have been prepared or exchanged. This Agreement may not be assigned by Customer. Any assignment in violation of the foregoing shall be null and void. This Agreement supersedes all other communication between Customer, Autotroph, and Creator concerning the subject matter hereof and constitutes the entire agreement between Customer, SH, Autotroph, and Creator regarding the subject matter hereof and constitutes the entire agreement between Customer, SH, Autotroph, and Creator regarding provisions of M&S Services. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions shall remain in full force and effect. This Agreement shall be governed by the laws of the State of Illinois without reference to conflict of law principles; and Customer consents to the personal jurisdiction of the state and federal courts located in the County of Cook, State of Illinois. If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs (including expert witness fees), and expenses, in addition to any other relief to which such prevailing party may be entitled. Nonperformance of either Customer, Creator, SH, and/or Autotroph shall be executed to the extent that performance is rendered impossible by fire, flood, earthquake, governmental acts or order or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.