Terms of Service
1. Acceptance & Eligibility
By engaging HarborByte's services or using this website, you agree to these Terms of Service. You must be at least 18 years old and legally able to enter contracts under U.S. law. Our services are available to U.S.-based clients only at this time.
2. Services Overview
HarborByte provides web design, development, hosting, maintenance, e-commerce, digital marketing, AI strategy, and related digital services. We also operate HarborByte Tools (available at tools.harborbyte.com), including the AI Access Checker.
Your client portal is available at auth.harborbyte.com/client.
3. Quotes & Payment
All project quotes are valid for 30 days. Upon acceptance, a signed statement of work and deposit (typically 50%) are required before work begins. Remaining balances are due upon project completion or as specified in your agreement.
Ongoing services (hosting, maintenance, retainers) are billed monthly or annually as agreed. Late payments may result in service suspension after 15 days.
4. Intellectual Property
Upon full payment, you own the deliverables created specifically for your project (custom code, designs, copy). HarborByte retains ownership of proprietary tools, frameworks, and methodologies used in the creation process. Third-party components (themes, plugins, stock images) are subject to their respective licenses.
5. Acceptable Use
You agree not to use our services to:
- Distribute malware, spam, or illegal content
- Infringe on third-party intellectual property rights
- Violate applicable laws or regulations
- Harass, threaten, or harm others
- Circumvent security measures
6. Third-Party Services
Our services may integrate or rely on third-party platforms including but not limited to: Cloudflare, Vercel, Stripe, HubSpot, Microsoft Clarity, and Google Analytics. Your use of these platforms is subject to their respective terms of service and privacy policies. We are not responsible for the actions of third-party providers.
7. Data & Privacy
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
8. Confidentiality
Both parties agree to keep confidential any non-public information shared during the course of the engagement. This obligation survives termination of the agreement.
9. DMCA
If you believe content on a HarborByte-hosted site infringes your copyright, please send a DMCA notice to dmca@harborbyte.com with the required statutory information. We will respond promptly to valid notices.
10. Disclaimers
Services are provided "as is" without warranties of any kind, express or implied. We do not guarantee specific business outcomes, search rankings, or revenue results. Website performance metrics are provided as estimates, not guarantees.
11. Limitation of Liability
To the maximum extent permitted by law, HarborByte's total liability to you for any claim arising from or related to our services shall not exceed the amounts paid by you to HarborByte in the 12 months preceding the claim.
12. Indemnification
You agree to indemnify and hold HarborByte harmless from any claims, damages, or expenses (including legal fees) arising from your use of our services, your content, or your violation of these Terms.
13. Termination
Either party may terminate the agreement with 30 days written notice. HarborByte may terminate immediately for breach of these Terms. Upon termination, you are responsible for any outstanding fees.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Illinois. Any disputes shall be resolved through binding arbitration in Chicago, Illinois, under the rules of the American Arbitration Association. Class actions are waived.
15. Changes to These Terms
We reserve the right to update these Terms. Continued use of our services after changes take effect constitutes acceptance. We will notify active clients of material changes by email.
16. Contact
Questions about these Terms?
hello@harborbyte.com
HarborByte · Chicago, IL
Phone: (312) 870-0177