Introduction
Welcome to CodeHarbor (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of our CodeHarbor Report Engine (the “Product”). By signing up, accessing, or using the product, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use our product.

2. Definitions
– Product: Refers to the cloud-based and/or on-premise product 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 product.
– Subscription: The plan or package purchased by the Customer to access the product.
– Data: Any information, files, or content uploaded, submitted, or managed through the product by the Customer.

3. Account Registration
To access the product, 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. Product Subscriptions (SaaS)
The CodeHarbor Report Engine is a SAAS solution. In order to offer this Product, 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.
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/pricing/

4.1.1 SAAS Report-Engine Free
The CodeHarbor Report-engine Free is a completely free SaaS subscription. This subscription will terminate after 1 year. Limitations to this subscription 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. Limitations to this subscription apply.
4.1.2 Report-Engine professional
The CodeHarbor Report-Engine Professional is a is a Saas subscription model. All subscriptions have a 1 year validity. Multiple Zabbix versions are supported. All available features are offered in the professional subscription. We offer a no limits, but fair use policy. This fair use is monitored in reports and graphs per day.In case of abuse of this no limits subscription, CodeHarbor holds the right to mediate a suitable solution.
4.2 Use of the Product
4.2.1 Acceptable Use
You agree to use the product in compliance with all applicable laws and regulations. You will not use the product to engage in any illegal activities, distribute harmful content, or violate the rights of others.
4.2.2 Data Ownership
You retain full ownership of the Data that is uploaded or managed through the Product. CodeHarbor does not claim ownership of your Data. However, by using the Product, you grant us the right to store, process, and transmit your Data as necessary to provide the Product. See DPA addendum for more information.
4.2.3 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.
4.2.4. Service Availability and Uptime
We strive to provide a reliable Product with minimal downtime. However, we do not guarantee 100% uptime. The Product may be temporarily unavailable due to scheduled maintenance, updates, or unforeseen circumstances such as network failures or natural disasters.

5. Report-Engine Install
5.1 Grant of License
The CodeHarbor Report-engine Install is a local install solution, created to operate in air gapped environments. The Install solution is offered as a Tar file. The customer is responsible for the install of the packages. If wanted, a billable install service can be foreseen. The local install solution operates by use of a yearly licence key, to be purchased or renewed.
5.2 Restrictions on Use and Intellectual Property
Subject to your compliance with these Terms, CodeHarbor grants you a limited, non-exclusive, non-transferable, and revocable license to install and use the CodeHarbor software on your own servers or infrastructure for internal business purposes only. This license is granted for the specific period for which you have paid and is for the number of users or installations specified in your license agreement.
You acknowledge that the CodeHarbor software, including its source code, object code, and all related documentation, is the proprietary and confidential information of CodeHarbor and its licensors. All rights, title, and interest in and to the software remain with CodeHarbor.
You shall not, and shall not permit any third party to:
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Copy, modify, adapt, or create derivative works based on the software.
• Use the software to provide services to third parties (e.g., as a service bureau), unless explicitly authorized by a separate written agreement with CodeHarbor.
• Remove, alter, or obscure any proprietary notices (e.g., copyright and trademark notices) on the software or its documentation.
• Disclose or publish the results of any performance or benchmark tests run on the software without prior written consent from CodeHarbor.
• Sell, resell, rent, lease, lend, or distribute the software, or any portion thereof, to any third party, unless differently specified in a Reseller agreement.

5.3 Security and responsibility
You are solely responsible for the security and integrity of the CodeHarbor software once it is installed on your premises. This includes, but is not limited to, protecting against unauthorized access, use, or disclosure of the software. CodeHarbor is not liable for any damages or losses resulting from security breaches that occur on your servers or network. You are also responsible for all data stored, processed, or transmitted through your on-premises installation and for complying with all applicable laws regarding data privacy and security.
5.4 Updates and Maintenance
CodeHarbor may, at its sole discretion, provide updates, bug fixes, or new versions of the software. These updates are subject to the terms of your license agreement. You are responsible for installing and managing any updates provided. We are not responsible for supporting older versions of the software, other than the latest 2 versions.
5.5 Termination
Your license to use the on-premises software will terminate automatically upon the expiration of your paid license period unless you renew it. CodeHarbor may terminate your license immediately if you breach any of these terms. Upon termination, you must cease all use of the software, permanently delete all copies of the software and its documentation from your systems, and certify in writing to CodeHarbor that you have complied with this obligation.

6. Payment Terms
6.1 Payment for the product is due in accordance with the subscription plan selected. By subscribing to the product, 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 Product. All Products 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.
6.2 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.

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 Product if you violate these Terms or engage in activities that harm the Product 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 Product 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 Product, 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 Product 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. Warranty Disclaimer
The CodeHarbor Report-Engine, including all software, content, and services, is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, CodeHarbor and its affiliates, licensors, and suppliers expressly disclaim all warranties of any kind.

11. Intellectual property
All intellectual property rights in the product, 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.

12. 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 product. Your continued use of the product after the effective date of any modifications constitutes your acceptance of the revised Terms.

13. 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.

14. Contact Information
If you have any questions about these Terms, please contact us at:
CodeHarbor BV
Oude Gentweg 56, 9960 Assenede, Belgium
[email protected]

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.