Terms of Service

Welcome to Harbour.

These Terms of Service ("Terms") govern your access to and use of the Harbour mobile application, website, AI-powered communication features and all related services (collectively, the "Service").

Harbour is operated by Matt Scott, trading as Harbour ("Harbour", "we", "our" or "us").

These Terms form a legally binding agreement between you and Harbour. By creating an account, accessing the Service or continuing to use Harbour, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with these Terms, you must not create an account or use Harbour.

Harbour is a messaging platform designed to help people have better conversations.

Depending on the features available, Harbour may provide:

• direct messaging;
• group conversations;
• AI-assisted conversation mediation;
• AI communication coaching;
• voice messaging and transcription;
• media sharing;
• conversation tools; and
• other communication features introduced from time to time.

Some features rely on artificial intelligence or third-party technology providers. These features are designed to assist communication and should not be regarded as professional advice or a substitute for your own judgement.

You must be at least 16 years old to use Harbour.

By creating an account you confirm that:

• you are at least 16 years of age;
• you have the legal capacity to enter into these Terms;
• the information you provide is accurate;
• you will keep your account information up to date; and
• you will comply with these Terms and all applicable laws.

If we reasonably believe you do not meet these requirements, we may suspend or terminate your account.

You are responsible for your Harbour account and everything that happens through it.

You agree to:

• keep your login credentials secure;
• maintain the confidentiality of your password;
• notify Harbour promptly if you suspect unauthorised access to your account;
• ensure that your contact information remains accurate; and
• use only one account unless we expressly permit otherwise.

You must not:

• impersonate another person;
• create an account using false or misleading information;
• create accounts for the purpose of evading suspension or moderation;
• sell, transfer or give your account to another person without our written permission; or
• allow another person to use your account in a way that breaches these Terms.

You remain responsible for all activity carried out using your account unless you notify us that your account has been compromised.

Your username is provided to identify you within Harbour.

Registering a username does not give you ownership of that username.

Harbour grants you a personal, non-transferable licence to use your chosen username while your account remains active and complies with these Terms.

We reserve the right to reclaim, change or remove usernames where reasonably necessary, including where:

• a username infringes another person's rights;
• a username is misleading or impersonates another person or organisation;
• a username is offensive or abusive;
• a username has been registered for the purpose of resale or misuse; or
• doing so is otherwise necessary to protect the integrity of the Service.

Harbour exists to encourage constructive communication.

You agree to use the Service responsibly and lawfully.

You must not use Harbour to:

• break any applicable law or regulation;
• harass, threaten or intimidate another person;
• promote violence, terrorism or organised crime;
• exploit or harm children;
• share unlawful sexual content;
• distribute malware or malicious code;
• interfere with the security or operation of Harbour;
• attempt to gain unauthorised access to any account, system or data;
• send spam or unsolicited commercial communications;
• impersonate another person or organisation;
• infringe another person's intellectual property rights;
• upload content that you do not have permission to share;
• use Harbour to facilitate fraud or deception; or
• encourage another person to breach these Terms.

You must also not use Harbour in any way that is likely to damage, disable or impair the Service for other users.

You retain ownership of the content that you create and share using Harbour.

This includes messages, media, voice recordings and other content that you submit through the Service.

By using Harbour, you grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, process, transmit and display your content solely for the purpose of:

• operating the Service;
• delivering messages;
• providing AI-assisted features you choose to use;
• maintaining security;
• complying with legal obligations;
• investigating abuse; and
• improving the reliability of Harbour.

This licence ends when your content is deleted from Harbour, except where:

• copies remain in another user's conversation history;
• retention is required by law; or
• retention is reasonably necessary to protect the rights, safety or security of Harbour or others.

You represent and warrant that:

• you own the content you upload or have the necessary rights to use it;
• your content does not infringe the rights of any third party; and
• sharing the content through Harbour does not breach any applicable law.

Harbour does not claim ownership of your content.

Harbour includes optional AI-powered features designed to assist communication.

AI features may:

• draft messages;
• suggest improvements;
• assist with mediation;
• provide communication coaching;
• transcribe voice recordings; or
• perform other communication-related functions.

AI-generated content is produced automatically and may be inaccurate, incomplete or unsuitable for your particular circumstances.

You are solely responsible for deciding whether to use, edit or send AI-generated content.

Harbour does not guarantee the accuracy, completeness or suitability of AI-generated responses.

AI features are intended to assist communication and should not be relied upon as legal, medical, financial, psychological or other professional advice.

You must not use Harbour's AI features to:

• generate unlawful content;
• attempt to circumvent safety measures;
• abuse or manipulate AI systems;
• reverse engineer prompts or models where prohibited by law; or
• interfere with the operation of AI features.

We may limit, suspend or remove access to AI features where reasonably necessary to protect the Service or comply with legal obligations.

Where Harbour provides voice messaging, media sharing or file upload functionality, you are responsible for ensuring that you have the right to upload, record and share that content.

You must not upload content that:

• infringes copyright or other intellectual property rights;
• violates another person's privacy;
• contains unlawful material; or
• breaches these Terms.

Harbour may remove media that reasonably appears to breach these Terms or applicable law.

Harbour, including its software, branding, logos, designs, user interface, AI systems, text, graphics and underlying technology, is owned by or licensed to Harbour and is protected by applicable intellectual property laws.

Except as expressly permitted by these Terms, you must not:

• copy, modify or distribute any part of the Service;
• reverse engineer, decompile or attempt to extract Harbour's source code, except where such restrictions are prohibited by law;
• remove copyright, trade mark or proprietary notices;
• use Harbour's branding without our prior written permission; or
• use automated systems to scrape or reproduce substantial parts of the Service without our consent.

Nothing in these Terms transfers ownership of Harbour's intellectual property to you.

You retain ownership of the content you create, subject to the licence granted in Section 7.

We aim to make Harbour available at all times. However, we do not guarantee that the Service will be uninterrupted, error-free or available at all times.

From time to time we may:

• carry out maintenance;
• install updates;
• introduce new features;
• modify existing functionality;
• remove obsolete features;
• respond to security incidents; or
• suspend parts of the Service where reasonably necessary.

Where reasonably practicable, we will try to minimise disruption.

We may also temporarily suspend access to Harbour if necessary to protect the security, stability or integrity of the Service.

Harbour is currently provided as a public beta service.

By using Harbour during the beta period, you acknowledge that:

• features may change or be removed;
• some functionality may be experimental;
• bugs or unexpected behaviour may occur;
• performance may vary between devices;
• compatibility with future versions is not guaranteed; and
• we may request feedback to help improve the Service.

Nothing in this section limits your statutory rights under applicable law.

As Harbour develops, features introduced during beta may become permanent, be modified or be discontinued.

Harbour is currently available free of charge unless stated otherwise.

We may introduce optional paid services in the future, including subscriptions, premium features or additional functionality.

If paid services are introduced:

• pricing will be clearly displayed before purchase;
• purchases will be governed by any applicable app store terms in addition to these Terms;
• you will not be charged without your agreement; and
• additional terms may apply to specific paid features.

The introduction of paid services will not affect your rights in relation to features already purchased, except as permitted by law or by the applicable app store.

We want Harbour to remain a safe and constructive place for everyone.

We reserve the right to suspend, restrict or terminate access to all or part of the Service where we reasonably believe that:

• you have breached these Terms;
• you have violated applicable law;
• your use of Harbour presents a security risk;
• your account has been used fraudulently;
• you have attempted to interfere with Harbour's systems or services;
• you have repeatedly engaged in abusive or harmful behaviour;
• continued access would expose Harbour or other users to unacceptable risk; or
• suspension is otherwise necessary to protect the Service or comply with legal obligations.

Where appropriate, we may warn you before taking action.

However, we may suspend or terminate accounts immediately where immediate action is reasonably necessary to protect users, the Service or our legal obligations.

You may stop using Harbour and delete your account at any time.

Termination of your account does not affect any rights or obligations that arose before termination.

Harbour relies on third-party technology providers to operate certain aspects of the Service.

These may include providers responsible for:

• authentication;
• cloud hosting;
• secure storage;
• artificial intelligence;
• voice transcription;
• email delivery;
• SMS delivery; and
• payment processing if introduced in the future.

We are not responsible for services operated independently by third parties, including external websites or applications that Harbour may link to.

Your use of third-party services may also be subject to those providers' own terms and privacy policies.

Harbour is provided on an "as available" and "as is" basis.

To the fullest extent permitted by law, Harbour does not guarantee that:

• the Service will always be available;
• the Service will be uninterrupted or error-free;
• defects will always be corrected immediately;
• AI-generated responses will be accurate;
• content uploaded by users will be accurate or lawful; or
• the Service will meet every user's individual expectations or requirements.

While we work continuously to improve Harbour, technology is not perfect and unexpected issues may arise.

Nothing in these Terms excludes or limits any rights that cannot legally be excluded under applicable law.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any liability that cannot legally be excluded or limited.

Subject to the paragraph above, and to the maximum extent permitted by law, Harbour shall not be liable for:

• indirect or consequential loss;
• loss of profits;
• loss of business opportunities;
• loss of revenue;
• loss of goodwill;
• loss of anticipated savings;
• corruption or loss of data where caused by circumstances beyond our reasonable control; or
• any loss arising from your reliance on AI-generated content or information provided by other users.

Our total liability arising out of or in connection with these Terms shall, to the extent permitted by law, be limited to the greater of:

• the amount you have paid Harbour during the twelve months immediately preceding the event giving rise to the claim; or
• £100.

This limitation reflects the nature of Harbour as a consumer communication platform and does not affect rights that cannot legally be excluded.

To the extent permitted by law, you agree to indemnify and hold Harbour, its owner, contractors and service providers harmless against any reasonable losses, liabilities, costs or expenses arising directly from:

• your breach of these Terms;
• your unlawful use of the Service;
• your infringement of another person's intellectual property rights;
• your violation of applicable law; or
• claims arising from content that you upload or share through Harbour.

This section does not require you to indemnify Harbour for losses resulting from Harbour's own negligence, fraud or any liability that cannot legally be excluded.

Harbour is an evolving product.

We may introduce new features, modify existing functionality or discontinue features where reasonably necessary to:

• improve the Service;
• respond to user feedback;
• enhance security;
• comply with legal or regulatory requirements;
• address technical issues; or
• support the continued development of Harbour.

Where practical, we will seek to minimise disruption to users.

We do not guarantee that every feature will remain available indefinitely.

We may update these Terms from time to time.

We may do so for reasons including:

• changes in applicable law;
• improvements to Harbour;
• the introduction of new features;
• changes to our business operations;
• security improvements; or
• clarification of existing provisions.

Where changes materially affect your rights or obligations, we will provide reasonable notice before the updated Terms take effect.

Notice may be provided:

• within the Harbour application;
• by email;
• through our website; or
• by another appropriate method.

Your continued use of Harbour after the updated Terms become effective constitutes acceptance of the revised Terms.

If you do not agree with the updated Terms, you must stop using Harbour and delete your account before the changes take effect.

Your privacy is important to us.

Our collection, use, storage and protection of personal data is governed by our Privacy Policy.

By using Harbour, you acknowledge that your personal data will be processed in accordance with the Privacy Policy.

Where these Terms and the Privacy Policy address the same subject, they should be read together.

If there is any inconsistency between the two documents regarding the processing of personal data, the Privacy Policy shall take precedence.

These Terms are governed by the laws of England and Wales.

If a dispute arises in connection with these Terms or your use of Harbour, the courts of England and Wales shall have exclusive jurisdiction, except where applicable consumer protection laws provide otherwise.

Nothing in these Terms limits any mandatory rights available to consumers under applicable law.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be interpreted as closely as possible to reflect its original purpose, and the remaining provisions shall continue in full force and effect.

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights available to us.

These Terms constitute the entire agreement between you and Harbour regarding your use of the Service and replace any previous agreements or understandings relating to the same subject matter.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Harbour may assign or transfer its rights and obligations where reasonably necessary in connection with the operation, restructuring or sale of the business, provided that doing so does not reduce your statutory rights.

Nothing in these Terms creates any partnership, joint venture, employment relationship or agency relationship between you and Harbour.

If you have questions about these Terms or the Harbour Service, you can contact us using the details below.

Harbour

Matt Scott

Trading as Harbour

Email

hello@harbour-app.com

Website

https://harbour-app.com

We will make reasonable efforts to respond to enquiries as promptly as possible.

These Terms, together with our Privacy Policy and any additional terms that apply to specific features or services, constitute the complete agreement between you and Harbour relating to your use of the Service.

If any conflict arises between these Terms and any additional feature-specific terms, the feature-specific terms will apply only to the extent of that conflict and only in relation to the relevant feature.

Harbour was created to help people communicate more effectively.

These Terms are intended to protect both you and Harbour by setting out clear expectations for the use of the Service.

We believe that respectful communication, transparency and responsible use of technology are fundamental to achieving that goal.

Thank you for being part of Harbour.