Last updated: July 6, 2026
These Terms of Service (these "Terms") govern access to and use of the Harbor Hub platform, including its APIs, command-line tools, web interfaces, and related services (collectively, the "Service"), provided by HarborCo Inc., a Delaware corporation ("Company", "we", "us"). By creating an account, accepting these Terms in an order form, or using the Service, the entity you represent ("Customer", "you") agrees to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind it.
If you and Company have signed a separate written agreement covering the Service (such as a Cloud Service Agreement or order form), that agreement controls over these Terms to the extent of any conflict.
1. The Service
1.1 Overview. The Service provides managed infrastructure for defining, executing, and evaluating agent workloads, including running benchmark tasks, trials, rollouts, and related evaluation jobs in containerized environments (each an "Execution").
1.2 Access. Subject to these Terms, Company grants Customer a non-exclusive, non-transferable right to access and use the Service during the Term for Customer's internal business purposes.
1.3 Accounts. Customer is responsible for its account credentials, API keys, and tokens, and for all activity under its account, including activity by its Authorized Users (employees and contractors acting on Customer's behalf). Customer will notify Company promptly of any suspected unauthorized access.
1.4 Changes to the Service. We may modify the Service, provided we do not materially reduce its core functionality during a paid subscription term. We may release features identified as alpha, beta, preview, or experimental ("Beta Features"); Beta Features are provided as-is, may be changed or discontinued at any time, and are excluded from any support or availability commitments.
2. Customer Content and Executions
2.1 Customer Content. "Customer Content" means all data, code, and materials Customer submits to the Service, including task definitions, instructions, container images, Dockerfiles, datasets, test and verification scripts, solution scripts, prompts, and configuration, together with the outputs generated by Customer's Executions, including agent trajectories, transcripts, logs, scores, rewards, and evaluation results ("Results").
2.2 Ownership. As between the parties, Customer owns all Customer Content, including Results. Company claims no ownership of Customer's tasks, datasets, or Results.
2.3 License to Company. Customer grants Company a non-exclusive, worldwide license to host, copy, transmit, execute, display, and otherwise process Customer Content solely as necessary to (a) provide, maintain, and secure the Service, (b) provide support at Customer's request, and (c) comply with law.
2.4 Usage Data. Company may collect and use telemetry, performance, and usage data about the operation of the Service (e.g., job counts, runtimes, resource consumption, error rates), and may use data derived from Customer Content only in de-identified and aggregated form that does not identify Customer or any person and does not reveal Customer Content, to operate, benchmark, and improve the Service. Customer may opt out of derived-data use (other than as needed to operate the Service) by emailing legal@harborframework.com.
2.5 Responsibility for Executions. Customer is solely responsible for Customer Content and for the behavior of workloads it runs on the Service, including code executed by AI agents within Customer's Executions. Customer represents that it has all rights necessary to submit Customer Content and to grant the license in Section 2.3, and that Customer Content and its use of the Service will comply with the Acceptable Use Policy referenced in Section 4.
2.6 Data Export and Deletion. During the Term, Customer may export Customer Content, including Results, using the Service's export functionality. Following termination or expiration, Company will delete Customer Content within 90 days, except for backup copies retained in the ordinary course (which remain protected under these Terms until deleted) and data Company must retain by law.
3. Third-Party Services and Model Providers
3.1 Model Providers. The Service can invoke third-party AI model APIs (e.g., Anthropic, OpenAI, Google) ("Model Providers"), either through keys Customer supplies or through Company-provisioned access. Customer's use of Model Provider output through the Service must comply with the applicable Model Provider's terms and usage policies, which are incorporated by reference for the relevant usage. Company is not responsible for Model Provider availability, output, or pricing changes.
3.2 Customer-Supplied Keys. If Customer supplies its own Model Provider or third-party credentials, Customer is responsible for those accounts, associated fees, and compliance with the provider's terms. Company will use such credentials only to perform Executions as directed by Customer.
3.3 Other Third-Party Services. The Service may interoperate with third-party services Customer elects to use (e.g., source-code hosts, container registries, cloud storage). Customer's use of those services is governed by its agreements with those providers.
4. Acceptable Use
Customer will comply with the Acceptable Use Policy at [LINK TO AUP] (the "AUP"), which is incorporated into these Terms. Company may update the AUP with reasonable notice; changes apply prospectively.
5. Suspension
Company may suspend Customer's access to all or part of the Service, or terminate specific Executions, if (a) Customer materially breaches the AUP, (b) Customer's use poses a security risk to the Service or others, degrades the Service for other customers, or exposes Company to liability, or (c) Customer's account is 15 or more days past due. Company will, where practicable, give notice before suspending and will limit suspension to what is reasonably necessary. Company will restore access promptly once the cause is resolved.
6. Fees and Payment
6.1 Fees. Customer will pay the fees stated in the applicable order form, including any usage-based charges for compute, storage, and Executions. Usage is measured by the Service's metering, which is authoritative absent manifest error.
6.2 Payment. Unless otherwise stated in an order form, usage-based fees are invoiced monthly in arrears, invoices are due within 30 days, fees are payable in USD, and fees are non-refundable except as expressly provided in these Terms. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum lawful rate.
6.3 Taxes. Fees exclude taxes. Customer is responsible for applicable sales, use, VAT, and similar taxes, excluding taxes on Company's income.
6.4 Pricing Changes. Pricing for a subscription term stated in an order form is fixed for that term. Company may change pricing effective at renewal by giving notice at least 30 days before the renewal date.
7. Intellectual Property; Feedback
7.1 Company IP. Company and its licensors retain all rights in the Service, including its software, infrastructure, orchestration and scheduling systems, interfaces, and documentation. No rights are granted except as expressly stated in these Terms. Open-source components included in or used with the Service are licensed under their own terms.
7.2 Feedback. If Customer provides suggestions or feedback about the Service, Company may use them without restriction or obligation.
8. Confidentiality
8.1 Each party (as receiver) will protect the other party's non-public information disclosed in connection with the Service that is identified as confidential or that reasonably should be understood to be confidential ("Confidential Information") using at least reasonable care, will use it only to perform under or exercise rights granted in these Terms, and will not disclose it except to employees, contractors, and advisors under confidentiality obligations at least as protective. Customer Content is Customer's Confidential Information.
8.2 Confidential Information excludes information that is or becomes public through no fault of the receiver, was known to the receiver without restriction before disclosure, is independently developed without use of the discloser's information, or is rightfully received from a third party. A receiver may disclose Confidential Information as required by law with reasonable advance notice to the discloser where legally permitted.
9. Security
Company will maintain a security program with administrative, technical, and organizational safeguards designed to protect Customer Content, including isolation between customer workloads. Customer acknowledges that it controls the code executed within its Executions and is responsible for the security of Customer Content it creates, including not embedding live production credentials or sensitive personal data in task environments except where necessary and appropriately protected. Company's processing of personal data is described in the Privacy Policy at [PRIVACY POLICY URL] [and, where applicable, the parties' Data Processing Addendum].
10. Warranties and Disclaimers
10.1 Mutual. Each party represents that it has the legal power to enter into these Terms.
10.2 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, INCLUDING ALL EXECUTIONS AND RESULTS, IS PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EXECUTIONS WILL COMPLETE OR PRODUCE ANY PARTICULAR RESULT, OR THAT RESULTS (INCLUDING EVALUATION SCORES AND AGENT OUTPUTS) WILL BE ACCURATE, RELIABLE, OR FIT FOR ANY PURPOSE. AI-GENERATED OUTPUT IS PROBABILISTIC AND MAY BE INCORRECT; CUSTOMER IS RESPONSIBLE FOR EVALUATING RESULTS BEFORE RELYING ON THEM.
11. Indemnification
11.1 By Customer. Customer will defend and indemnify Company against third-party claims arising from (a) Customer Content, (b) Customer's use of the Service in violation of these Terms or the AUP, or (c) Customer's violation of a Model Provider's or other third party's terms.
11.2 By Company. Company will defend and indemnify Customer against third-party claims alleging that the Service, as provided by Company and used as permitted under these Terms, infringes a third party's intellectual property rights. This obligation does not apply to claims arising from Customer Content, combinations with items not provided by Company, or Beta Features. If the Service is subject to such a claim, Company may modify it to be non-infringing, procure the right for Customer to continue using it, or terminate the affected Service with a pro-rata refund of prepaid fees.
11.3 Process. The indemnified party must give prompt notice of the claim, allow the indemnifying party sole control of the defense and settlement (provided any settlement releases the indemnified party without admission of fault), and provide reasonable cooperation.
12. Limitation of Liability
12.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
12.2 EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
12.3 THE LIMITS IN THIS SECTION DO NOT APPLY TO (A) CUSTOMER'S PAYMENT OBLIGATIONS, (B) A PARTY'S INDEMNIFICATION OBLIGATIONS, (C) A PARTY'S BREACH OF SECTION 8 (CONFIDENTIALITY), OR (D) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
13. Term and Termination
13.1 Term. These Terms start when Customer first accepts them and continue until all subscriptions expire or these Terms are terminated ("Term"). Unless an order form states otherwise, each subscription renews automatically for successive terms equal in length to the prior term, unless either party gives notice of non-renewal at least 30 days before the renewal date.
13.2 Termination. Either party may terminate these Terms (a) on 30 days' written notice if there is no active paid subscription, (b) if the other party materially breaches and fails to cure within 30 days of notice, or (c) immediately if the other party becomes insolvent or subject to bankruptcy proceedings.
13.3 Effect. On termination, Customer's access ends and unpaid fees for the period through termination become due. Sections 2.6, 6, 7, 8, 10–12, 13.3, and 14 survive.
14. General
14.1 Governing Law; Venue. These Terms are governed by the laws of the State of Delaware, excluding its conflicts-of-law rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware, and each party waives objections to that venue.
14.2 Changes to These Terms. Company may update these Terms by posting a revised version and, for material changes, providing at least 30 days' notice (e.g., by email or in-product notice). Changes take effect on the stated effective date; continued use after that date constitutes acceptance. For paid subscriptions with a fixed term, material changes take effect at renewal.
14.3 Assignment. Neither party may assign these Terms without the other's consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, with notice.
14.4 Notices. Legal notices to Company go to legal@harborframework.com. Notices to Customer may be sent to the account email on file.
14.5 Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (excluding payment obligations).
14.6 Publicity. Company may identify Customer by name and logo as a customer of the Service; Customer may revoke this permission by written notice.
14.7 Export and Sanctions. Customer will comply with applicable export control and sanctions laws and will not use the Service from embargoed jurisdictions or provide access to sanctioned parties.
14.8 Entire Agreement. These Terms, together with the AUP, the Privacy Policy, and any order forms, are the entire agreement regarding the Service and supersede prior discussions. If any provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver.
Contact: legal@harborframework.com · HarborCo Inc., 1 Sansome Street, Suite 1400, San Francisco, CA 94104