Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Harper and related services available through getharper.co and connected properties. By creating an account, installing an integration, or using Harper, you agree to these Terms.

2. Service Provider and Scope

Harper is operated by HERBOZON INC ("Harper," "Company," "we," "our"). Harper is a business SaaS platform for attribution tracking, analytics, and ad/commerce integrations.

We may update, improve, suspend, or discontinue features from time to time. Material service changes are communicated through the product, website, or account email where reasonably practicable.

3. Eligibility and Account Responsibilities

To use the service, you must:

• Be at least 18 years old and able to enter a binding contract
• Provide accurate registration and business information
• Keep account credentials secure and confidential
• Promptly notify us of unauthorized access or security incidents
• Accept responsibility for activity performed through your account

4. Acceptable Use Policy

You agree NOT to:

• Use the service for any unlawful activity
• Attempt unauthorized access to systems, data, or accounts
• Reverse engineer, copy, or create derivative works from protected software
• Use the services in ways that violate privacy, advertising, or consumer protection laws
• Interfere with platform security, integrity, or performance
• Resell or sublicense access without written permission

5. Data Protection Roles and Legal Compliance

Harper may act as a controller for account, billing, and support data, and as a processor/service provider for merchant end-user attribution data processed under merchant instructions.

• You are responsible for notices, consent, and lawful data collection on your own properties.
• You represent that you have legal rights to share data sent to Harper.
• Your use of Harper must comply with applicable laws, platform terms, and regulatory requirements.
• Our Privacy Policy and Cookie Policy form part of these Terms.

Where required by applicable law or contract, data processing addendum terms can be executed between the parties.

6. Pricing and Payment

6.1 Subscription Fees: Paid plans are billed in advance on a recurring basis unless otherwise stated.

6.2 Taxes and Charges: Fees may exclude taxes, duties, and bank/payment charges, which are your responsibility unless required otherwise by law.

6.3 Price Changes: We may revise fees with prior notice. Continued use after the effective date constitutes acceptance.

6.4 Non-payment: We may suspend or limit access for failed, disputed, or overdue payments.

7. Cancellation, Suspension, and Termination

7.1 By You: You may cancel subscriptions at any time. Unless required by law, fees already paid are non-refundable except as set out in our Refund Policy.

7.2 By Us: We may suspend or terminate access for non-payment, legal risk, abuse, security concerns, or breach of these Terms.

8. Intellectual Property and License

All rights, title, and interest in Harper services, software, and branding belong to HERBOZON INC or its licensors.

You retain ownership of your data. You grant us a limited, non-exclusive license to host, process, and transmit your data only as needed to provide, secure, and support the services.

9. Third-Party Services and Integrations

Harper may interoperate with third-party platforms (for example commerce, advertising, payment, and messaging providers). Those third-party services are governed by their own terms and policies.

We are not liable for third-party downtime, policy changes, API limitations, or data handling outside Harper's control.

10. Service Availability and Disclaimers

Services are provided on an "AS IS" and "AS AVAILABLE" basis to the maximum extent permitted by law.

• We do not guarantee uninterrupted, error-free, or perfectly accurate outputs.
• Attribution, analytics, and recovery outcomes can vary by implementation and external factors.
• We disclaim implied warranties to the extent permitted by law.

11. Limitation of Liability

To the maximum extent permitted by law, Harper will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages. Total liability for any claim related to the services is limited to amounts paid by you to Harper in the 12 months preceding the event giving rise to the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless HERBOZON INC and its officers, employees, and affiliates against claims, liabilities, losses, costs, and expenses (including reasonable legal fees) arising from your use of Harper, your data, your integrations, or your breach of these Terms or applicable law.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Courts located in Ambala, Haryana, India have exclusive jurisdiction over disputes arising out of or relating to these Terms, subject to any mandatory non-waivable consumer rights.

14. Export and Sanctions Compliance

You represent that you are not prohibited from receiving services under applicable trade, sanctions, or export control laws and that your use of Harper will comply with those laws.

15. Changes to Terms

We may revise these Terms from time to time. Updated Terms are effective when posted unless a later date is specified. If you continue using Harper after updates become effective, you accept the revised Terms.

16. General Legal Terms

• Severability: If one provision is unenforceable, the remaining provisions continue in effect.
• No Waiver: Delay in enforcing a right is not a waiver of that right.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or asset transfer.
• Force Majeure: Neither party is liable for delays caused by events beyond reasonable control.
• Entire Agreement: These Terms, together with incorporated policies, form the entire agreement between you and Harper regarding the services.

17. Company Information and Contact