Terms & Conditions

1. Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

"Service" refers to the AI consulting services offered by Obsidian Hive, including predictive analytics platform setup, AI ethics and governance framework development, and conversational AI design.

"User" or "You" refers to any individual or organization accessing our website or engaging our services.

"We," "Us," or "Our" refers to Obsidian Hive, registered at 312 Rama IV Road, Khlong Toei, Bangkok 10110, Thailand.

"Agreement" refers to these Terms and Conditions along with any additional service-specific terms agreed upon during engagement.

"Content" refers to all text, images, data, and materials published on our website or provided as part of our services.

2. Acceptance of Terms

By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our website or services.

You represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are acting on behalf of an organization, you confirm that you have the authority to bind that organization to these terms.

3. Description of Services

Obsidian Hive provides AI consulting services to organizations across Southeast Asia. Our offerings include predictive analytics platform design and deployment, AI ethics and governance framework development, and conversational AI design for chatbots and virtual assistants.

Service availability may vary depending on project scope, team capacity, and client requirements. We reserve the right to modify or discontinue any service at our discretion, with reasonable notice to affected clients.

4. User Responsibilities

When using our website or engaging our services, you agree to provide accurate and complete information when submitting inquiries or entering into service agreements; use our website and services only for lawful purposes; not attempt to interfere with the proper functioning of our website; not reproduce, distribute, or modify any content from our website without written permission; and cooperate with our team by providing timely access to required data, personnel, and resources during service engagements.

5. Intellectual Property

All content on the Obsidian Hive website, including text, graphics, logos, and design elements, is owned by or licensed to Obsidian Hive and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and view the content on our website for personal, non-commercial purposes. You may not copy, modify, distribute, sell, or create derivative works based on our website content without prior written consent.

Deliverables produced during client engagements are subject to the intellectual property terms specified in the individual service agreement. Unless otherwise stated, clients receive a license to use the deliverables for their internal business purposes, while Obsidian Hive retains ownership of underlying methodologies, frameworks, and proprietary tools.

6. Payment Terms

Service fees are quoted in Thai Baht (฿) and are based on the scope of work agreed upon during the discovery phase. Payment terms, milestones, and schedules are defined in each individual service agreement.

Unless otherwise specified in the service agreement, a deposit of 30% is required before work begins. The remaining balance is due according to the payment schedule outlined in the agreement. Late payments may incur a monthly charge of 1.5% on outstanding balances.

Refund eligibility depends on the stage of the engagement and the work completed at the time of cancellation. Specific refund terms are outlined in each service agreement.

7. Confidentiality

Both parties agree to treat all confidential information shared during a service engagement with reasonable care. Confidential information includes business data, technical specifications, strategic plans, and any information designated as confidential by either party.

This obligation of confidentiality survives the termination of any service agreement and remains in effect for a period of three years after the conclusion of the engagement, unless otherwise specified in writing.

8. Service Delivery

We make reasonable efforts to deliver services within the timelines outlined in each service agreement. However, project timelines may be affected by factors outside our control, including delays in receiving client data, changes in project scope, or unforeseen technical challenges.

Any changes to the agreed scope of work must be documented in writing and may result in adjustments to the project timeline and fees. We will communicate any anticipated delays to the client as early as possible.

9. Disclaimers

Our services are provided on an "as is" and "as available" basis. While we strive to deliver high-quality work, we do not make representations or warranties of any kind, whether express or implied, regarding the completeness, accuracy, or reliability of our services or website content.

AI systems and predictive models are inherently subject to uncertainty. We do not warrant that any AI solution will achieve specific business outcomes, as results depend on many factors including data quality, implementation, and market conditions. Our services are advisory and consultative in nature and should not be considered a substitute for professional legal, financial, or medical advice.

10. Limitation of Liability

To the maximum extent permitted by law, Obsidian Hive shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services, regardless of whether such damages were foreseeable.

Our total aggregate liability for any claims arising out of or related to a service engagement shall not exceed the total fees paid by the client for that specific engagement. This limitation applies to all causes of action, whether in contract, tort, or otherwise.

11. Indemnification

You agree to indemnify and hold harmless Obsidian Hive, its directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your breach of these terms, your use of our services in a manner not authorized by the service agreement, or your violation of any applicable law or regulation.

12. Termination

Either party may terminate a service engagement by providing written notice as specified in the relevant service agreement. We reserve the right to suspend or terminate access to our website if we reasonably believe you have violated these terms.

Upon termination, all provisions of these terms that by their nature should survive will remain in effect, including intellectual property rights, confidentiality obligations, disclaimers, and limitations of liability.

13. Dispute Resolution

These terms shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. Any dispute arising from or in connection with these terms or our services shall first be attempted to be resolved through good-faith negotiation between the parties.

If the parties are unable to reach a resolution through negotiation within 30 days, the dispute shall be submitted to the courts of competent jurisdiction in Bangkok, Thailand.

14. Force Majeure

Neither party shall be held liable for any delay or failure to perform obligations under these terms if such delay or failure is caused by circumstances beyond the reasonable control of the affected party, including natural disasters, government actions, pandemics, civil unrest, or infrastructure failures.

15. General Provisions

Entire Agreement: These terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Obsidian Hive regarding the subject matter herein.

Severability: If any provision of these terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer your rights under these terms without our prior written consent. We may assign our rights and obligations without restriction.

Notices: Any notices required under these terms should be sent to [email protected] or to our physical address listed below.

16. Changes to These Terms

We reserve the right to update or modify these Terms and Conditions at any time. Changes will be effective upon posting the revised terms on our website with an updated "Last Updated" date. Your continued use of our website or services after such changes constitutes your acceptance of the revised terms.

17. Contact Information

For questions or concerns about these Terms and Conditions, please contact us at:

Obsidian Hive

312 Rama IV Road, Khlong Toei, Bangkok 10110, Thailand

Email: [email protected]

Phone: +66 2 672 5819