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CodeHarbor Terms and Conditions
1. Introduction
Welcome to CodeHarbor (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of our cloud-based Report Engine service (the “Service”). By signing up, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use our Service.
2. Definitions
– Service: Refers to the cloud-based service provided by CodeHarbor that allows customers to access, manage, and use your data remotely.
– Customer/User: Any individual or legal entity who subscribes to or uses the Service.
– Subscription: The plan or package purchased by the Customer to access the Service.
– Data: Any information, files, or content uploaded, submitted, or managed through the Service by the Customer.
3. Account Registration
To access the Service, you must create an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Service Subscriptions and Payment
4.1 Subscription Plans
We offer various plans with different features and pricing. You may upgrade or downgrade your subscription at any time, subject to the terms of the applicable plan. In downgrading your subscription plan, the downgrade will take effect on the first renewal of your billing cycle. Downgrading your subscription plan does not imply payback of difference in costs of current and future subscriptions.
For more details on these plans, can be found here : https://codeharbor.eu/comparison-table/
4.1.1 Report-Engine Trial
The CodeHarbor Report-engine Trial is a 1 month free subscription. This subscription will terminate after 1 month. Limitations to this subscription may apply.
4.1.2 Report-Engine Advanced
The CodeHarbor Report-Engine Advanced is a Saas subscription model. All subscriptions have a 1 year validity. Multiple Zabbix versions are supported and the customer can use these Zabbix versions freely.
4.1.2 Report-Engine Fixed
The CodeHarbor Report-Engine Fixed is a Fixed price model. Your account is purchased once. This subscription comes with a counter of graphs that can be rendered. Once your graphs counter is empty, you will receive a notifications. Optional Graphs packs can be purchased to keep using the CodeHarbor Report Engine. This version is not compliant with Zabbix Cloud.
CodeHarbor will keep maintaining All Zabbix versions that are in General Zabbix Lifecycle. Once a Zabbix version has reached the end of Full support, CodeHarbor will maintain the code, but will no longer update this code or add new report features. CodeHarbor will maintain the platform till end of the Limited Support date. If you require longer functioning of the Report-Engine tool, Contact us for more information.
4.1.4 Report-Engine Metered
The CodeHarbor Report-engine Metered is a usage based version of the Report-Engine. After a one-time purchase, Further usage is fully volume dependent. Additional report resources can be bought as options.
The Metered versions counts Report runs and/or Graphs. 1 report run may contain 5 graphs, if multiple graphs are added to the report, an additional Report will be counted for every 5 graphs. Upon purchase of additional reports, your graphs counter will also be updated.
4.2 Payment Terms
Payment for the Service is due in accordance with the subscription plan selected. By subscribing to the Service, you authorize us to charge your payment method on a recurring basis as per annual subscription. Failure to make timely payments may result in suspension or termination of your access to the Service. All services and subscriptions have upfront payment obligations. After approval of the offer / Quote, PAI (Pay After Invoice) can be agreed. In case of PAI, the payment terms are 30 days after invoice. All invoices will be presented and distributed in an electronic manner.
4.3 Refunds
Unless otherwise stated in your specific subscription agreement, all payments made to CodeHarbor are non-refundable. However, at our discretion, we may offer refunds for any billing errors or extenuating circumstances.
5. Use of the Service
5.1 Acceptable Use
You agree to use the Service in compliance with all applicable laws and regulations. You will not use the Service to engage in any illegal activities, distribute harmful content, or violate the rights of others.
5.2 Data Ownership
You retain full ownership of the Data that is uploaded or managed through the Service. CodeHarbor does not claim ownership of your Data. However, by using the Service, you grant us the right to store, process, and transmit your Data as necessary to provide the Service. See DPA addendum for more information.
5.3 Data Security
We take all reasonable measures to protect all Data. However, we do not guarantee that unauthorized third parties will not be able to breach our security measures. You are responsible for maintaining appropriate security for your account, including safeguarding your login credentials, and if possible, enable MFA.
6. Service Availability and Uptime
We strive to provide a reliable Service with minimal downtime. However, we do not guarantee 100% uptime. The Service may be temporarily unavailable due to scheduled maintenance, updates, or unforeseen circumstances such as network failures or natural disasters.
7. Termination and Suspension
7.1 Termination by Customer
You may terminate your subscription at any time by providing written notice to CodeHarbor. Termination will be effective at the end of the current billing cycle.
7.2 Termination by CodeHarbor
We may suspend or terminate your access to the Service if you violate these Terms or engage in activities that harm the Service or other users. In the event of termination for cause, a refunds will be issued calculated upon the remainder value of the effective billing cycle.
7.3 Effect of Termination
Upon termination, your access to the Service will be disabled, and you will lose access to any Data stored on our servers. We recommend that you download any important Data before terminating your account. Upon termination, all uploaded data to the CodeHarbor servers will be deleted, from live environment as well as from back-ups.
8. Limitation of Liability
To the maximum extent permitted by law, CodeHarbor shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the Service, even if we have been advised of the possibility of such damages. Our total liability to you for any claims arising out of your use of the Service shall not exceed the amount paid by you to CodeHarbor in the 12 months preceding the claim.
9. Indemnification
You agree to indemnify and hold harmless CodeHarbor, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including legal fees) arising out of your use of the Service, your breach of these Terms, or your violation of any rights of another party.
10. Intellectual Property
All intellectual property rights in the Service, including but not limited to software, design, logos, and trademarks, are owned by CodeHarbor or its licensors. You may not copy, modify, distribute, or create derivative works based on the Service without prior written consent from CodeHarbor.
11. Modifications to the Terms
We reserve the right to modify these Terms at any time. Any changes will be posted on our website, and we will notify you of significant changes by email or through the Service. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms.
12. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms shall be resolved through binding arbitration in Belgium, except where prohibited by law.
13. Contact Information
If you have any questions about these Terms, please contact us at:
CodeHarbor
Oude Gentweg 56, 9960 Assenede, Belgium
[email protected]
Product specific Addendum
14. Report Engine
The CodeHarbor Report Engine is a SAAS solution. In order to offer this service, non-personal data is gathered from your environment. This data is used to create the appropriate resulting reports. All data gathered for this purpose is removed after the correct processing. There are some pieces of information that are collected directly by CodeHarbor to facilitate security, logging, and application performance. These items include information such as IP address and behaviour within the CodeHarbor platform. For these pieces of information, CodeHarbor acts as the data controller and processor.
Data Processing Addendum (DPA)
This Data Processing Addendum (“DPA”) forms part of the CodeHarbor Report Engine Agreement (“Agreement”) between CodeHarbor (“Processor”) and [Customer] (“Controller”), collectively referred to as the “Parties”.
1. Purpose and Scope
The Processor agrees to process all Data received from the Controller solely for the purpose of providing hosting services in accordance with the terms of the Agreement, this DPA, and the Controller’s documented instructions.
2. GDPR Compliance
The Processor shall comply with the applicable data protection laws, including the General Data Protection Regulation (GDPR). The Processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
3. Sub-processing
The Processor shall not engage any sub-processor without the prior written notifications to the Controller. Where the Processor engages a sub-processor, it shall do so only by way of a written contract that imposes the same data protection obligations as set out in this DPA.
4. Rights of Data Subjects
The Processor shall assist the Controller in facilitating the exercise of data subject rights under the GDPR. This includes providing necessary access to Personal Data and supporting the Controller in responding to data subject requests. Access to the Controller’s account for verification purposes shall only be permitted when reasonably necessary to ensure the proper functioning of the SaaS solution or to address specific support requests related to configuration issues. The processor agrees that any access to the controllers data is limited to the purpose of support and maintenance.
5. Data Breach Notification
The Processor shall notify the Controller without undue delay upon becoming aware of a Personal Data breach affecting the Controller’s data.
6. Audit Rights
The Processor shall make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in this DPA and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.
7. Termination
Upon termination of the Agreement, the Processor shall, at the choice of the Controller, delete or return all Personal Data to the Controller and delete existing copies unless EU or national law requires storage of the Personal Data.
This DPA is governed by the laws of Belgium, and any disputes related to this DPA shall be subject to the exclusive jurisdiction of the courts of Belgium.
