Terms of Sale and ProHiver Services

Effective from: 2026-09-11

1. Seller

Prohiver, MB, company code 306815018, Baltų pr. 37-76, LT-48238 Kaunas, Lithuania, info@prohiver.com, +370 613 17271.

Prohiver, MB is currently not registered for VAT in Lithuania. The VAT treatment of a cross-border B2C sale may depend on the destination of the goods or service and the applicable EU or national VAT scheme. Before the consumer submits the order, checkout shows the final amount payable and any taxes that must be charged for that transaction.

2. Product and account

ProHiver is a connected hive-monitoring device with related web and mobile services. Model-specific features, sensors, package contents, connectivity, price and included services are stated in the relevant product offer. Where relevant to the goods or digital service, the pre-contract offer also states functionality, applicable technical protection measures, and relevant compatibility and interoperability that ProHiver knows or can reasonably be expected to know.

Devices and accounts are linked using a ProHiver-controlled method, such as a pairing code or invitation. A person acting for a legal entity must have the necessary authority.

3. Price, payment and contract formation

Before the consumer confirms a paid order, the purchase flow clearly presents:

• the main characteristics and quantity of the goods or services;
• the price of the goods;
• the selected delivery method and delivery charge;
• the estimated delivery timeframe;
• the total amount payable and, where applicable, taxes charged for the transaction;
• where a plan is purchased, its duration, main features and the fact that there is no automatic paid renewal;
• access to these Terms, the Privacy Policy, withdrawal information and connected-product/Data Act information where applicable.

The final payment action clearly states that it creates a payment obligation, for example Order and pay.

Payments are processed by Stripe. Paid ProHiver plans are purchased for a selected fixed period by one-off payment and are not automatically charged again when the period ends.

Creating a cart or redirecting to a payment page is not, by itself, final acceptance of the order. The order is confirmed when payment is confirmed and ProHiver sends the customer an order confirmation, unless mandatory law requires otherwise.

4. Delivery

Planned delivery countries are Lithuania, Latvia, Estonia and Finland.

ProHiver does not promise to use one fixed carrier. Before payment, the consumer is shown the selected delivery method, its charge and the estimated delivery timeframe. From 27 September 2026, where applicable, information is also provided about more environmentally friendly delivery options where such options are available.

Unless otherwise agreed, consumer goods are delivered without undue delay and no later than the mandatory period; the general EU rule is no later than 30 days after the contract is concluded.

Risk of loss or damage normally passes to the consumer when the consumer or a third party designated by the consumer physically receives the goods, subject to applicable legal exceptions.

5. 14-day right of withdrawal

Unless a lawful exception applies, a consumer has a 14-day right to withdraw from a distance contract. For goods, the period normally runs from receipt; for services, it normally runs from conclusion of the contract. If mandatory law excludes the withdrawal right for a particular good or service, or provides circumstances in which it can be lost, the consumer is clearly informed of that exception and its conditions before the contract is concluded.

Online withdrawal function

From 19 June 2026, where the relevant rule applies to a distance contract concluded through an online interface, ProHiver provides a clear and easily accessible online withdrawal function throughout the withdrawal period. It allows the consumer to submit and confirm an unambiguous withdrawal statement. ProHiver provides an acknowledgement on a durable medium without undue delay, including the content and the date and time of the statement.

The consumer may also use the model withdrawal form or another lawful method of notification.

6. Returns and refunds

The standard return address is Baltų pr. 37-76, LT-48238 Kaunas, Lithuania, unless ProHiver provides another lawful warranty-service or return address for the specific case.

After withdrawing from a sales contract, the consumer, unless ProHiver has offered to collect the goods, sends back or hands over the goods without undue delay and no later than 14 days after communicating the withdrawal. The deadline is met if the goods are sent before the 14-day period expires.

Where a consumer withdraws from conforming goods simply because they changed their mind, the consumer bears the direct return-shipping cost only if properly informed before the contract was concluded. If particular goods, by their nature, cannot normally be returned by post or an ordinary parcel service, the actual return cost is shown before the contract is concluded or, where that cost cannot reasonably be calculated in advance, a reasonable estimate of the maximum return cost is shown. If the consumer was not properly informed that return costs would be payable by them, those costs are not passed to the consumer.

This does not transfer to the consumer any costs that the seller must bear under mandatory law for defective or non-conforming goods.

The consumer may inspect and test the product only to the extent reasonably necessary to establish its nature, characteristics and functioning. The consumer may be liable for diminished value only to the extent caused by handling beyond what is necessary for that purpose and only where the required withdrawal information was provided. Registering a serial number, pairing the device or linking an account does not by itself remove the statutory withdrawal right for the standard V1.2 product.

ProHiver reimburses payments received from the consumer without undue delay and no later than 14 days after being informed of the withdrawal. This includes the cost of the least expensive standard delivery offered by ProHiver; supplementary delivery costs resulting from the consumer choosing a more expensive delivery method do not have to be reimbursed. Reimbursement is made using the same means of payment as the initial transaction unless the consumer expressly agrees otherwise, and the consumer is not charged a reimbursement fee. For sales contracts, where ProHiver has not offered to collect the goods, reimbursement may lawfully be withheld until the goods are received or the consumer supplies evidence of having sent them back, whichever is earlier.

7. Early start of a paid digital service

If a separately paid service begins, at the consumer's express request, before the withdrawal period expires, a separate clear request to begin performance must be obtained and the mandatory information must be provided. General acceptance of these Terms does not, by itself, waive statutory withdrawal rights.

If the consumer validly withdraws after making such an express request, the consumer may be required to pay a proportionate amount for the service actually supplied up to the time of withdrawal. The amount is calculated on the basis of the total contract price or, where that price is excessive, the market value of the part supplied. The consumer does not bear that cost where mandatory law says the required information was not provided or the express request to begin performance during the withdrawal period was not obtained.

Where a service contract is fully performed during the withdrawal period, the consumer loses the withdrawal right only to the extent permitted by mandatory law and only where, before performance, the consumer expressly consented to performance beginning, acknowledged that the right of withdrawal would be lost once the contract had been fully performed, and received the required confirmation.

8. Legal guarantee of conformity and warranty service

Consumer rights for lack of conformity of goods or digital services arise from mandatory law and are separate from any optional commercial guarantee. If a separate commercial guarantee is offered for a specific product, its terms are provided separately and it does not limit the consumer’s statutory rights.

Goods and goods with digital elements

Under the general EU rule, the seller is liable for a lack of conformity that existed when the goods were delivered and becomes apparent for at least two years, without prejudice to stronger national protection.

Where the legal conditions are met, the consumer may require repair or replacement and, where appropriate, a proportionate price reduction or termination of the contract and reimbursement. Statutory remedies must be provided free of charge to the consumer, including mandatory transport, labour and material costs.

Because a connected ProHiver device is a good with digital elements, conformity also includes software, related digital services and software/security updates required for contractual operation and by applicable law.

Separately paid digital services

Separately paid Basic, Standard and Pro plans must also conform to the contract and mandatory consumer law. Throughout an agreed continuous supply period the service must remain in conformity, and the consumer is informed of and supplied with updates, including security updates, necessary to maintain conformity for the legally required period. If a digital service is not supplied, the consumer may call upon ProHiver to supply it and, if it is still not supplied without undue delay or within any lawfully agreed additional period, or where mandatory law allows immediate termination, the consumer may be entitled to terminate the contract.

If a digital service lacks conformity, the consumer is entitled to have it brought into conformity within a reasonable time, free of charge and without significant inconvenience, unless doing so is impossible or disproportionate. In the cases provided by mandatory law, the consumer may obtain a proportionate price reduction or terminate the contract, for example where the lack of conformity is not remedied, reappears, is sufficiently serious or ProHiver makes clear that it will not remedy it within a reasonable time.

Where a price reduction or termination for lack of conformity of a paid digital service gives rise to a reimbursement, the amount due is reimbursed without undue delay and within 14 days after the consumer invokes the relevant right, using the same means of payment unless the consumer expressly agrees otherwise and without a reimbursement fee.

Where a digital service supplied over a fixed period is modified beyond what is necessary to maintain conformity, the modification is made only where the contract allows it and provides a valid reason, without additional cost to the consumer and with clear information about the change. If the modification negatively affects access to or use of the service by more than a minor degree, the consumer is informed reasonably in advance on a durable medium about the features and timing of the modification and the right to terminate, or about the possibility of keeping the unmodified conforming service. In that case the consumer may be entitled to terminate free of charge within 30 days after receiving the information or after the modification is made, whichever is later, subject to the statutory exception where the consumer can keep the unmodified conforming service at no additional cost.

Where a digital-service contract is terminated for failure to supply or lack of conformity, personal data remain governed by the GDPR. At the consumer's request, content other than personal data that the consumer provided or created while using the digital service is made available free of charge, without hindrance, within a reasonable time and in a commonly used machine-readable format, subject to the statutory exceptions.

This section already provides the reminder of the legal guarantee of conformity for digital content and digital services. From 27 September 2026, where applicable, the pre-contract offer also states the minimum period or date during which the producer or provider commits to supply software updates when that information is made available to the trader. For physical goods, the mandatory official EU legal-guarantee notice is displayed and, where applicable and available to the trader, so are the harmonised durability-guarantee label, the reparability score or the relevant producer-supplied information about availability, estimated cost and ordering of necessary spare parts, repair/maintenance instructions and repair restrictions.

Warranty service, digital-service conformity and returns contact: info@prohiver.com, +370 613 17271.

9. Basic, Standard and Pro plans

Plans are purchased for the fixed period clearly shown before payment by one-off payment. There is no automatic paid renewal.

Before payment, the checkout clearly states the event from which the paid-plan period and access begin. If a consumer wants a separately paid digital service to start before the 14-day withdrawal period has expired, it starts at that time only after the consumer makes the separate express request described in section 7. Without that request, the service start must not be brought forward automatically merely because payment has been confirmed.

If an offer for a specific ProHiver device includes a Basic period at no additional charge, the duration of that period and the event from which it begins must be clearly shown before payment.

An included Basic period does not automatically convert into a paid plan and does not create automatic paid renewal.

10. Complaints and dispute resolution

For Lithuanian consumer claims, ProHiver provides a detailed reasoned written response no later than 14 calendar days after receipt if the matter has not already been resolved.

For Latvian consumer submissions, the applicable baseline is a written response within 15 working days, including reasons where the claim is refused and the required information on available out-of-court dispute resolution.

For consumers in other markets, mandatory national complaint deadlines and the appropriate cross-border out-of-court dispute-resolution or European Consumer Centre routes apply.

11. Business customers and governing law

The 14-day consumer withdrawal right and other consumer-specific protections do not automatically apply where the buyer is not a consumer.

These Terms are governed by Lithuanian law, but this does not deprive a consumer of mandatory protection of the country of their habitual residence where such protection applies under EU conflict-of-law rules.

12. Durable contract confirmation

After conclusion of the contract, the consumer receives the order confirmation and mandatory pre-contract information on a durable medium, including the Terms and withdrawal information applicable when the contract was concluded. A link to a web page that can later be changed is not sufficient by itself.

The terms provided to the consumer with the order confirmation remain applicable to that completed order; later website changes do not alter them retroactively.