Terms of Use
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1. Acceptance of Terms
These Terms of Use ("Terms") govern your access to and use of https://harbor.ai/ and any related pages, content, and features we make available (together, the "Website"). The Website is operated by Miralta Q, Inc., a Delaware corporation doing business as Harbor ("Harbor," "we," "us," or "our").
By clicking “submit”, “continue”, “I agree”, or similar prompt when the option is presented to you, or by accessing or using the Website, you agree to these Terms and acknowledge our Privacy Policy. If you use the Website on behalf of a company or other organization, you represent that you have authority to bind it, and "you" includes that organization. If you do not accept all of these Terms, do not use this Website.
MANDATORY ARBITRATION NOTICE: These Terms contain a mandatory arbitration provision in Section 12 that requires the use of arbitration on an individual basis to resolve any disputes. This means that you are giving up rights to bring claims against us in Court or in a class action of any kind.
Eligibility. You must be at least 18 years old and able to form a binding contract to use the Website.
Scope. These Terms govern only the Website. Any services Harbor provides to customers or partners, including risk assessments, ratings, or insurance-related services, are governed by separate written agreements and, where applicable, insurance policies. If a separate agreement conflicts with these Terms, the separate agreement controls for those services.
2. Modifications
We may revise these Terms at any time. Revised Terms take effect when posted, as shown by the "Last updated" date above, except that material changes take effect 30 days after we post a prominent notice of them on the Website. Your continued use of the Website after the effective date means you accept the revised Terms.
Changes to Section 12 (Dispute Resolution) will not apply to any dispute of which you or Harbor had actual notice before the change was posted.
We may also change, suspend, or discontinue all or part of the Website at any time, without notice or liability.
3. Intellectual Property
3.1 Ownership. The Website and all of its content, including data, code, text, research, frameworks, taxonomies, graphics, logos, software, and the selection and arrangement of these materials ("Content"), are owned by Harbor or its licensors. They are protected by United States and international copyright, trademark, and other intellectual property laws.
3.2 Limited license. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Website, and to download or print a reasonable number of pages for your personal or internal business informational use, provided you keep all copyright and proprietary notices intact.
3.3 Trademarks. Harbor™ and related names, logos, product and service names, designs, and slogans are trademarks of Harbor or its affiliates. You may not use them without our prior written permission. Other names and marks on the Website belong to their respective owners, and their appearance does not imply endorsement by or affiliation with Harbor.
3.4 Feedback. If you send us ideas, suggestions, or other feedback, we may use it for any purpose without restriction or compensation to you, subject to our Privacy Policy. Please do not send confidential information through the Website or its contact forms; anything you send this way will be treated as non-confidential.
4. Privacy
Our Privacy Policy explains how we collect, use, and share personal data when you use the Website. By using the Website, you acknowledge that we will process your personal data as described there, including transferring it to and processing it in the United States and European Union.
5. Acceptable Use and Prohibited Activities
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:
- copy, modify, republish, distribute, sell, or create derivative works from the Website or Content;
- use the Content to train, fine-tune, evaluate, or benchmark any artificial intelligence or machine learning model, or to build any dataset or database;
- remove or alter any copyright, trademark, or other proprietary notice;
- violate any applicable law or regulation, including export control and sanctions laws;
- use any robot, spider, scraper, or other automated means to access, collect, monitor or copy the Website or its Content, except for general-purpose search engines that comply with our robots.txt file;
- violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
- interfere with or disrupt the integrity or performance of the Website;
- attempt to gain unauthorized access to, probe, scan, or test the vulnerability of the Website or any related system, or bypass any security or access control;
- introduce viruses, malware, or other harmful code, or carry out a denial-of-service attack or any other activity that disrupts or overburdens the Website;
- impersonate Harbor or any other person, or misrepresent your affiliation with any person or organization;
- use Harbor's name, marks, or Content to state or imply that Harbor has endorsed, rated, certified, insured, or partnered with you or any AI system, when it has not;
- frame, mirror or otherwise incorporate any part of the Website into any other website or system;
- submit false or misleading information, or send spam or unsolicited advertising, through any Website form;
- provide or submit to the Website any private information of any third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, protected health information, credit card numbers or any information that you are not authorized to provide;
- reverse engineer, decompile, or disassemble any software on the Website, except to the extent applicable law expressly permits.
We may restrict, suspend, or terminate your access to the Website at any time if we believe you have violated these Terms.
6. Reliance on Information Posted
6.1 Informational purposes only. The Content, including articles, research, risk frameworks and taxonomies, regulatory analyses, and descriptions of products under development, is provided for general informational purposes only. It is not legal, regulatory, compliance, insurance, actuarial, financial, or technical advice. It does not create a client, advisory, fiduciary, or other professional relationship between you and Harbor. You should consult qualified advisors before acting on any Content.
6.2 Insurance disclosures. Insurance products described on the Website are offered through Harbor, which is licensed as an insurance agent and surplus lines broker, and are issued by insurance carriers. Harbor is licensed only in the jurisdictions listed on our Licenses and Regulatory Disclosures page. Nothing on the Website is an offer to sell, a solicitation of an offer to buy, or a contract of insurance. Any description of coverage concepts, covered perils, or products is illustrative and for general informational purposes only, and may change. All insurance is subject to underwriting, the terms, conditions, and exclusions of the actual policy, and availability in your jurisdiction. No coverage will be bound or effective unless and until confirmed in writing by an authorized representative of the issuing insurer or licensed intermediary. Nothing on the Website amends, modifies, or supplements any insurance policy. You should consult your own professional advisers about how any coverage would apply to your situation.
6.3 Ratings and assessments. Any risk scores, ratings, assessments, or benchmarks described or displayed on the Website reflect Harbor's methodology at a particular point in time. They are statements of opinion. They are not guarantees of the safety, security, performance, regulatory compliance, or insurability of any AI system or organization, and they do not replace your own due diligence. A reference on the Website to any company, model, product, or incident is not a statement about its current status.
6.4 Accuracy. We make reasonable efforts to keep the Website and Content accurate, but we do not warrant that it is accurate, complete, or current. Laws and regulations discussed on the Website change frequently, and the Website and Content may be out of date. We have no obligation to update the Website or Content. Any reliance you place on the Website or Content is at your own risk, and Harbor disclaims all liability arising from that reliance by you or anyone you share it with.
7. Third-Party Links and Information
The Website may contain links to third-party websites, publications, regulations, tools, and other resources, and may display or quote third-party content. These are provided for convenience only. Harbor does not control, endorse, or take responsibility for any third-party website or content, including its accuracy, availability, or privacy practices. If you access a third-party website, you do so at your own risk and subject to that third party's terms. Third-party content remains the property of its owners.
8. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, HARBOR DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. HARBOR DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY DOWNLOAD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You are responsible for your own virus protection and data backups. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HARBOR AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF HARBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY, IF ANY, OF HARBOR AND ITS AFFILIATES UNDER THESE TERMS, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF NEGLIGENCE, BREACH OF CONTRACT, TORT, BREACH OF WARRANTY CLAIMS BY THIRD PARTIES OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT IN ANY EVENT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS.
Nothing in these Terms limits liability that cannot be limited under applicable law.
10. Indemnification
You agree to defend, indemnify, and hold harmless Harbor and its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, fines, penalties, and other costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your use or misuse of the Website or its Content, (b) your violation of these Terms, or (c) your violation of any law or any third party's rights. Harbor will use reasonable efforts to notify you of any such claim and may participate in its defense with counsel of its choice.
11. Governing Law and Jurisdiction
These Terms, and any dispute arising out of or relating to them or to the Website (including non-contractual disputes), are governed by the laws of the State of California, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 12, any claim not subject to arbitration must be brought exclusively in the state or federal courts located in San Francisco, California, and you and Harbor consent to the personal jurisdiction of, and venue in, those courts.
12. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. For all matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), between you and us, you agree that disputes between you and Harbor or other parties described herein will be resolved by binding, individual arbitration at the election of either party, and you waive your right to a jury trial and your right to bring or resolve any dispute as or to participate in a class action, private attorney general, representative, or collective action in court or in arbitration.
12.1 Informal resolution first. Before starting arbitration, you agree to send a written notice describing your claim and the relief you seek to legal@harbor.ai. You and Harbor will try in good faith to resolve the dispute informally for 30 days after the notice is received.
12.2 Binding individual arbitration. If the dispute is not resolved informally, it will be resolved by final and binding arbitration administered by American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, shall govern the interpretation and enforcement of this section. You and we further agree that the arbitrator shall have the authority to determine all disputes between you and us, including whether any dispute amongst you and us is arbitrable. The arbitration will take place in San Francisco, California, or by video conference if both parties agree. Judgment on the award may be entered in any court with jurisdiction.
12.3 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its intellectual property rights or the security of the Website.
12.4 Class action and jury trial waiver. YOU AND HARBOR AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND HARBOR EACH WAIVE THE RIGHT TO A JURY TRIAL. The arbitrator may not consolidate the claims of more than one person. If this class action waiver is found unenforceable for any claim, that claim will proceed in court under Section 11, not in arbitration.
12.5 Opt-out. You may opt out of this arbitration agreement by emailing legal@harbor.ai within 30 days after you first use the Website, stating your name and that you opt out of arbitration.
12.6 Time limit for claims. Any claim arising out of or relating to these Terms or the Website must be started within twelve (12) months after it arises. Otherwise, it is permanently barred, to the extent permitted by law.
13. Miscellaneous
Entire agreement. These Terms are the entire agreement between you and Harbor about the Website and supersede any prior agreement on that subject.
Severability. If any provision of these Terms is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full effect.
No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and Harbor.
Electronic communications. You consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.
Operation from the United States. The Website is operated from the United States. We make no claim that the Website or its Content is appropriate or available for use in every location. You may not use the Website if you are located in, or are a resident of, a country or region subject to comprehensive U.S. sanctions, or if you are on a U.S. government restricted-party list.
California residents. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Headings. Section headings are for convenience only and do not affect interpretation.
14. Contact
Questions about these Terms may be sent to:
Miralta Q, Inc. Attn: Legal legal@harbor.ai or 865 Florida St Apt #1, 94110, San Francisco, CA.
For general inquiries, use info@harbor.ai