1. Acceptance of Terms
By accessing or using the Harbor Scale service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.
2. Description of Service
Harbor Scale provides advanced telemetry and data analytics services for businesses and developers. Our Service includes, but is not limited to, real-time data collection, analysis, visualization, and reporting tools.
3. User Accounts
To access the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
4. API Usage and Rate Limits
Harbor Scale provides API access as part of the Service. You agree to use the API in accordance with our documentation and not to exceed the rate limits specified in your service plan. We reserve the right to modify, throttle, or revoke API access for any reason without notice.
5. Data Privacy and Security
Your use of the Service is subject to our Privacy Policy. You agree that Harbor Scale may process your data as described in the Privacy Policy and for the purpose of providing and improving the Service. You are responsible for ensuring that your use of the Service complies with all applicable data protection laws.
6. Intellectual Property Rights & Limited License
6.1. Our Intellectual Property.
The Service, including but not limited to its underlying software, algorithms, source code, object code, user interface design, "look and feel," documentation, graphics, branding, and all original content, features, and functionality (collectively, the "Service IP"), are and will remain the exclusive property of Harbor Scale and its licensors. The Service IP is protected by copyright, trademark, trade secret, and other intellectual property laws of the United States and foreign countries.
6.2. Trademarks and Trade Dress.
The names "Harbor Scale" (and its alternative spelling "Telemetry Harbour"), our slogans, and all related names, product and service names, and designs are trademarks of Harbor Scale. Furthermore, our distinctive logo, which includes a semi-circle design element over stylized waves, and the overall visual appearance of our Service, including its color schemes, layout, and graphical elements, constitute our trade dress. You must not use our trademarks or trade dress without the prior written permission of Harbor Scale. You agree not to use our marks or trade dress in any manner that is likely to cause confusion, including as part of your own trademarks, domain names, or social media handles.
6.3. Limited License to You.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your internal business purposes only, as contemplated by your specific service plan. This license does not grant you any rights to use the Service IP for any other purpose, nor does it grant you any right to copy, modify, distribute, sell, or lease any part of our Service IP.
6.4. Reservation of Rights.
We reserve all rights not expressly granted to you in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Harbor Scale or its licensors, except for the licenses and rights expressly granted in these Terms.
7. User Content and Data
7.1. Ownership of Your User Content.
You retain all your ownership rights to any data, information, or content you submit, post, or display on or through the Service ("User Content"). You are solely responsible for the legality, reliability, and appropriateness of your User Content.
7.2. License to Us.
By submitting, posting, or displaying User Content on or through the Service, you grant Harbor Scale a worldwide, non-exclusive, royalty-free, sublicensable license to use, process, transmit, store, and analyze your User Content. This license is granted for the sole purposes of:
- Providing, maintaining, securing, and improving the Service for you;
- Sharing your User Content with our trusted third-party service providers and subprocessors (such as hosting partners and analytics services) as necessary to perform these functions, subject to the terms of our Privacy Policy;
- Preventing or addressing service, security, or technical issues; and
- Complying with applicable law or as permitted by our Privacy Policy.
7.3. Anonymized and Aggregated Data.
Notwithstanding anything to the contrary, you agree that Telemetry Harbor may create, use, and disclose anonymized and/or aggregated data derived from your User Content and your use of the Service ("Derived Data"). This Derived Data will not identify you or any individual. We shall own all right, title, and interest in and to the Derived Data for any business purpose, including but not limited to operating, analyzing, improving, and marketing the Service and our other offerings, including the generation of industry trend reports.
8. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
- To impersonate or attempt to impersonate Harbor Scale, a Harbor Scale employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Harbor Scale or users of the Service or expose them to liability
9. Termination and Account Disablement
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Service will immediately cease.
Important Note on Account Disablement due to Unpaid Bills:
If your account is disabled due to overdue payments as per our billing policy (e.g., after 30 days of an unpaid bill), please be aware of the following critical consequences:
- Service Interruption: Your access to all Harbor Scale services, including API access, data collection, and visualization tools, will be immediately suspended.
- Data Retention and Deletion: While we may retain your data for a limited grace period (e.g., 30-60 days) to allow for account reactivation upon payment, all your harbors and associated telemetry data will be permanently deleted from our systems after this grace period if the outstanding balance remains unsettled. This action is irreversible.
- Harbor Deletion: All active and inactive harbors associated with your account will be deleted, and their unique identifiers (e.g., API keys, schema names) will be released.
- Account Reactivation: To reactivate your account and potentially restore access to any data within the grace period, you must settle all outstanding payments and contact our support team. Account reactivation after data deletion is not possible.
We strongly encourage you to keep your billing information up-to-date and settle any outstanding balances promptly to avoid service interruption and irreversible data loss.
10. Limitation of Liability
In no event shall Harbor Scale, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
11. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes to the Terms through the Service. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
14. Contact Us
If you have any questions about these Terms, please contact us at:
Harbor Scale Attn: Legal Department Email: [email protected]
15. Refund Policy
Harbor Scale generally operates on a no-refund policy for services rendered or subscriptions purchased. This is due to the immediate allocation of resources and the nature of our data processing and storage services.
However, for new users trying the service for the first time, we offer a 30-day satisfaction guarantee. If you are not satisfied with the Service within the first 30 days of your initial subscription, you may request a full refund for your first month's payment.
To be eligible for this 30-day refund:
- You must be a new user on your first-ever subscription with Harbor Scale.
- Your request must be submitted within 30 calendar days of your initial subscription start date.
- You must discontinue the use of the Service and delete your account and all associated harbors.
- This refund applies only to the payment for the first month of service. No refunds will be provided for subsequent months or for any usage beyond the initial 30-day period.
- This guarantee is intended for users genuinely evaluating the service and is not applicable to repeated sign-ups or attempts to exploit the policy. We reserve the right to deny refund requests if we suspect abuse of this policy.
All other refund requests outside of this 30-day guarantee will be considered only in exceptional circumstances, such as:
- Billing errors directly attributable to Harbor Scale.
- Proven service unavailability that significantly impacts your ability to use the core features, and for which no reasonable workaround or compensation was provided.
All refund requests must be submitted in writing to [email protected]. Refunds, if granted, will be issued at our sole discretion and may be subject to deductions for service usage, administrative fees, or payment processing charges.
Please note that account disablement due to unpaid bills, as outlined in Section 9, does not qualify for a refund of previously paid services.
16. Feedback
If you provide us with any ideas, proposals, suggestions, or other feedback relating to the Service ("Feedback"), whether directly or indirectly, you hereby grant Harbor Scale a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, and unrestricted right and license to use, incorporate, and otherwise exploit such Feedback for any purpose, commercial or otherwise, without any obligation, payment, or restriction. You agree that such Feedback will be treated as non-confidential and non-proprietary and that we have no duty to you concerning such Feedback.
17. Third-Party & Open-Source Software
The Service may incorporate or be bundled with certain third-party or open-source software, libraries, or components (e.g., Grafana, Nginx, k3s, FastAPI, React, Shadcn) ("Third-Party Software"). Such Third-Party Software is licensed to you under the terms of its applicable open-source or third-party license, which may include acknowledgements and other terms and conditions. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Third-Party Software. A list of material Third-Party Software and their respective licenses may be made available in our documentation or upon request. Any open-source software that Harbor Scale authors and makes publicly available separately from the Service is governed by its own applicable license and not by these Terms.