Last Updated: September 26, 2024 

PLEASE READ THE FOLLOWING TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW) OFFERED BY PROJECT MONITOR, INC. dba HARBOR (“US”, “WE”, “OUR” or “HARBOR”). "YOU” AND “YOUR” REFER TO THE PERSON ACCESSING OR USING THE SERVICES (AS DEFINED BELOW).

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE HARBOR HARDWARE (INCLUDING THE HARBOR CAMERA(S) AND HARBOR MONITOR(S), “HARBOR HARDWARE”), THE HARBOR SOFTWARE (INCLUDING SOFTWARE EMBEDDED WITHIN THE HARBOR HARDWARE), THE HARBOR MEMBERSHIP SERVICE(S) USED IN CONJUNCTION WITH THE HARBOR HARDWARE (“SUBSCRIPTION”, “HARBOR MEMBERSHIP”, OR “MEMBERSHIP”), AND THE SERVICES, FEATURES, CONTENT (AS DEFINED BELOW), WEBSITES (OR OTHER LINKED PAGES), AND APPLICATIONS OFFERED, FROM TIME TO TIME, BY HARBOR IN CONNECTION THEREWITH (COLLECTIVELY, THE “SERVICE(S)”).

CUSTOMERS USING HARBOR REMOTE NIGHT NANNIES (“RNN” or “REMOTE NIGHT NANNY”) IN ADDITION TO THE SERVICES WILL BE BOUND TO THIS AGREEMENT AS WELL AS TO THE RNN TERMS OF USE. THERE ARE SOME IMPORTANT DIFFERENCES RELEVANT TO USE OF RNN, SO SUCH CUSTOMERS SHOULD READ THE RNN TERMS OF USE CAREFULLY.

 THE TERMS OF SERVICE THAT APPLY TO OUR COMPANY WEBSITE (https://harbor.co/) ARE AVAILABLE AT https://harbor.co/pages/terms-conditions.

 THE TERMS OF SERVICE THAT APPLY TO THE HARBOR SLEEP & WELLNESS SERVICES ARE AVAILABLE AT https://harbor.co/pages/sleep-wellness-coaching-agreement.

 THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU AND ANY CHARGES, FEES, AND AMOUNTS WE BILL YOU. THESE TERMS INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS AND AUTOMATIC RENEWALS.

 WHETHER YOU PURCHASED A MEMBERSHIP OR RECEIVED A MEMBERSHIP FROM A THIRD PARTY, INCLUDING FROM AN AUTHORIZED THIRD-PARTY RETAILER OR AUTHORIZED THIRD-PARTY MARKETPLACE (EACH, AN “AUTHORIZED RESELLER”), THIS AGREEMENT WILL APPLY TO YOUR USE OF THE SERVICES IN CONJUNCTION WITH A MEMBERSHIP.

 BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE HARBOR PRIVACY POLICY (https://harbor.co/pages/privacy-policy) (THE “PRIVACY POLICY”), WHICH IS INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

 HARBOR MAY MODIFY THIS AGREEMENT, THE PRIVACY POLICY, CONTENT (AS DEFINED BELOW) AND/OR SERVICES AT ANY TIME AND SUCH MODIFICATION WILL BE EFFECTIVE UPON POSTING SUCH MODIFICATIONS TO OUR COMPANY WEBSITE (https://harbor.co/). BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER SUCH MODIFICATION, YOU ARE AGREEING TO BE BOUND BY THE MODIFIED AGREEMENT, PRIVACY POLICY, CONTENT (AS DEFINED BELOW), AND/OR THE SERVICES, AS APPLICABLE.

 YOUR USE OF THE SERVICES AND ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS AT YOUR OWN RISK.

1. INTRODUCTION

The Harbor Membership includes a Harbor Camera and Monitor, plus access to the Harbor applications (including both mobile and desktop applications, “Apps”). The Monitor and Apps provide users with the ability to monitor children in their care, and can provide non-medical information relevant to sleep, noise, and movement. Harbor has one membership tier and may offer membership renewal options in the future. Information on pricing and features may be found at https://harbor.co/. Pricing models may change in the future.

The Services enable parents and other caregivers to monitor children in their care remotely from the Monitor and Apps, pending use and connectivity of each of these, with various optional features that may be enabled and used. Subject to certain differences where RNN is used in conjunction with the Services (as described in the RNN Terms of Use):

• Harbor video and audio is stored on the Harbor Camera itself, with end-to-end encryption.
• While you are at home, all Harbor communications will happen on your home network, secured through mutually-authenticated TLS (mTLS) and end-to-end encryption.
• If you are outside your home, Harbor may briefly process Harbor video and audio on our servers to allow the video and audio to be saved on your Harbor Camera.

The Services are provided to you by Harbor, in connection with our partners, service providers, sponsors, or other affiliates. We may use AI Technology (as defined below) to provide some of the Services. Harbor does not train AI models on information collected through your use of the Services, unless you provide express permission for Harbor to do so.

2. REGISTRATION

In order to use the Membership, you must subscribe, pay any applicable subscription fees (“Membership Fees”) as and when due, and create an account (“Harbor Account”). In connection therewith, you agree to provide true, accurate, and complete information and to keep your Harbor Account information current and updated. You shall not select or use as a username (i) a name of another person with the intent to impersonate that person or (ii) a name subject to any rights of a person other than yourself without appropriate authorization. You will be prompted to set a password for your Harbor Account. You are solely responsible for any and all activities that occur under your Harbor Account, username, or password, and for keeping your Harbor Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission. You agree to notify us immediately of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Harbor Account or password. You should never publish, distribute, or post login information for your Harbor Account. You shall have the ability to delete your Harbor Account, by sending a request for deletion to support@harbor.co. Harbor will not be liable for any loss or damage arising from your failure to comply with this Section.

3. ELIGIBILITY

You represent and warrant that you are at least 18 years of age. If you are under 18 years of age (or such other age as established by applicable law), you may not, under any circumstances or for any reason, use the Services as a customer. We may, in our sole discretion, refuse to offer the Services to any person or entity and change eligibility criteria at any time. The right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent that the offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. 

You acknowledge that the nature of the Services may require us to collect or otherwise process certain personal information of children under the age of 18, consistent with this Agreement and our Privacy Policy, in order for the Services to operate as intended and for you to receive the benefit of the Services. You consent to any such collection, use, and disclosure of such personal information (including as set forth in our Privacy Policy). You confirm that you have the authority to provide this consent.

4. USE OF THE SERVICES

Harbor’s software, text, graphics, images, video, audio, data, and other technology and material are made available to you through the Services (collectively referred to as the “Content”). 

Your use of the Services, by their nature, will involve collection and use of video, audio, images, photographs, and certain personal information. Video, audio, images, and photographs collected through your use of the Harbor Monitor, Apps, Camera, and any other Harbor Hardware as part of your use of your Harbor Membership (including any use of RNN services) shall not be considered Content for purposes of this Agreement. 

Harbor shall not unilaterally access video, audio, images, or photographs stored locally on your Harbor Camera.

Harbor shall not access your video and audio feed from your Harbor Camera and Monitor without your consent, which you would need to affirmatively provide to Harbor on your Harbor Monitor or via the Apps. Upon obtaining your consent, Harbor may gain access to and use the video and audio stream from your Harbor Camera and Monitor for purposes such as improving our services and providing technical troubleshooting, in accordance with our Privacy Policy. Harbor may store video and audio streams for which you have furnished such explicit consent, for purposes such as improving our services, consistent with our Privacy Policy. If you wish for this data to be removed, please email support@harbor.co.

Customers using RNN will need to agree to allow Harbor certain access to the video and audio feed from the Harbor Camera and Monitor for these services to be provided. Such access will be subject to the RNN Terms of Use.  

The Services and Content may include proprietary technologies and other intellectual property owned by Harbor or another party, such as artificial intelligence, algorithms, machine learning systems and models, deep-learning AI vision and audio models, and similar technology and features (together, “AI Technology”). Harbor may use AI Technology to provide you with the Services, including certain alerts provided by the Harbor Camera and Monitor related to the sleep of the child being monitored.

Subject to this Agreement and your Membership, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license to (i) access and use (i.e., to download and display locally) the Content and the software and Apps made available through the Services and (ii) use the Harbor software embedded within the Harbor Hardware, in each case solely for purposes of using the Services. Any use, reproduction, modification, distribution, dissemination, or storage of any Content for any purpose other than using the Services as permitted under this Agreement is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. The Content may be owned by us or may be provided through an arrangement we have with others, including our licensors, partners, sponsors, or affiliates. 

The Content is protected by intellectual property rights, including copyright under both United States and other laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Other than your rights in any User Content (as defined below), you have no rights in or to the Content, and you may not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. If you violate any part of this Agreement, your permission to access and/or use the Content and other Services automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third Party Trademarks”). Your use of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use our trademarks or any Third Party Trademark displayed on this Services. The Third Party Trademarks may not be used to disparage any applicable third party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third Party Trademarks. 

The Services may include access to hyperlinks, content, recommendations, and data from third-party websites, products and services (“External Services”). These External Services are provided solely as a convenience to you but are not an endorsement by us of the content, recommendations, and data on or made available through such External Services, and may be subject to separate legal terms and conditions between you and third parties. We are not a party to such separate legal terms and conditions and your use of any External Services shall be at your own risk. The content, recommendations, and data of such External Services are developed and provided by others. In addition, the Services permit access to content, recommendations, and data posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability. 

The Services are for personal use only and may not be used in connection with any commercial endeavors unless specifically approved by Harbor in writing. The Services shall only be used to monitor children in your care. The Services are not designed to support children with medical problems, diseases, disorders, syndromes, or conditions and shall not be used for medical monitoring. The Services do not and are not intended to diagnose, detect, treat, prevent, mitigate, or cure any disease, disorder, syndrome, or medical condition (including, but not limited to, sudden infant death syndrome (SIDS), respiratory syncytial virus (RSV), seizures, or laryngotracheobronchitis (croup)). The Services are not designed for use in monitoring adults (including the elderly) nor for monitoring individuals with special needs and shall not be used for these purposes. For the avoidance of doubt, you are forbidden from using the Services to view or record images, photographs, video, or audio of any nonconsenting person. The Services should not substitute for the care and oversight of a competent adult or consultation with your licensed medical providers. You acknowledge and agree to read and heed all warnings in the relevant manual, packaging, or other materials we have provided to you. The Services are intended for use in the United States only. Use of the Services in a manner that does not comport with this paragraph shall be deemed a misuse of the Services and a breach of the terms of this Agreement.

 The following activities are expressly prohibited: (i) you shall not collect usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) you shall not engage in any use of the Services, which, in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof; (iii) you shall not data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to harvest, extract, or collect any information from the Content or our websites; (iv) you shall not make any use of the Services which is unlawful or illegal (including in violation of any applicable local, state, or federal law, or in violation of any court order or other compulsory mandate issued by a court or law enforcement), and (v) you shall not make any use of the Services that is in violation of this Agreement or any other contract to which you are bound.

We collect device and system logs and metrics for the purpose of monitoring and maintaining the operational health of our systems and your Harbor Hardware. This data is limited to system performance and operational metrics and explicitly excludes images, video, photographs, and audio recordings captured by the Harbor Hardware through your use of the Services.

5. TERMINATION

Unless otherwise prohibited by law, and without prejudice to Harbor’s other rights or remedies, Harbor shall have the right to immediately terminate (i) your Membership if you breach any of the terms of this Agreement and (ii) any of the Services, in our sole discretion at any time upon notice to you; provided that if you are not in breach of this Agreement, we will provide you with a pro rata refund of any Membership Fee paid by you in advance reflecting the period where you did not benefit from the terminated Services as a result of such termination.

You must maintain an active Membership to continue using the Services. This Agreement and your Membership may be renewed for additional Membership periods pursuant to the Membership purchased. If you do not maintain an active Membership and pay all Membership Fees when due, this Agreement shall terminate.

If you have obtained a free Membership, Harbor reserves the right at any time to modify or discontinue, temporarily or permanently, such free Membership, your Harbor Account and your access to the Services with or without notice. Unless modified or discontinued by Harbor in its sole discretion, your free Membership shall continue until the end of the applicable free Membership period, or until you cancel or upgrade to a paid Membership.

Unless otherwise stated, all Membership Fees are non-refundable, even if you stop using the Services. If you purchased Services directly from Harbor, your Membership will begin once you connect your Harbor Hardware and begin using the Services. If you purchased Services from an Authorized Reseller, your Membership will begin once you connect your Harbor Hardware and begin using the Services. If you do not activate your Services and Harbor no longer supports the generation of product purchased, the Membership purchased will be forfeited.

Subject to our Warranty and Return Policy below, you may only cancel your monthly Membership after your initial commitment period (as described in your order confirmation) ends or the end of the minimum contract period, should the pricing model and commitment change. The initial non-refundable (subject to the terms found in our Warranty and Return Policy below) Membership Fee covers the initial commitment period of your Membership (“Initial Membership Fee”). The Initial Membership Fee also covers the cost of your Harbor Hardware, and you will retain ownership of your Harbor Hardware after you stop or cancel your Membership and after payment of the Initial Membership Fee. Ongoing access to Services will only be available if you continue with a new Membership after the Initial Membership period.

If any Membership Fees are due are outstanding for a period of three (3) days or more, your Harbor Account may, in Harbor’s sole discretion, go into an inactive state. In this inactive state, you will be unable to access Harbor Services. Upon appropriate payment, your Harbor Account will be reactivated.

Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically, and your right to use the Services shall cease.

6. SUPPORT

You shall receive the support and maintenance, if any, as set forth in our FAQs (available at https://harbor.co/pages/faqs) or as provided in writing along with your Membership.

7. USER CONTENT AND OTHER CONTENT

The Services may include functionality to permit your submission of certain content, whether manually at your direction or automatically in accordance with your Harbor Account settings (collectively, “User Content”) and the hosting, sharing, and/or publishing of such User Content. 

Video, audio, images, and photographs collected through your use of the Harbor Monitor, Apps, Camera, and any other Harbor Hardware as part of your use of your Harbor Membership (including any use of RNN services) shall not be considered User Content for purposes of this Agreement. (Video, audio, images, and photographs collected through your use of the Harbor Monitor, Apps, Camera, and other Harbor Hardware shall be accessed, used, and stored by Harbor as set forth in this Agreement, including in Section 4 (Use of the Services).) 

Rather, User Content includes, without limitation, any user profile information you submit and make publicly available as well as any reviews or testimonials you submit to us. You warrant and represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. All User Content shall be subject to this Section 7 and shall not be subject to any confidentiality obligations on Harbor or any third party, and Harbor may use such User Content for any purpose, including for marketing purposes and to improve the Services. You understand that Harbor does not guarantee any confidentiality with respect to User Content that you submit and make available to others.

You shall be solely responsible for User Content you submit or allow to be collected and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express specific, informed, and unambiguous consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement.

By submitting User Content to us (which, as defined in the preceding paragraphs, does not include images, video, photographs, and audio collected through your use of the Harbor Camera, Apps, Monitor, and any other Harbor Hardware as part of your use of your Harbor Membership), you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to edit, modify, truncate, aggregate, use, reproduce, distribute, prepare derivative works of, modify, display, perform, publish, and otherwise commercially exploit all or any portion of the User Content in connection with our provision of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels and sharing the User Content with social media platforms (i.e., posting User Content to Twitter or Facebook if enabled in your account’s sharing settings) with our business partners and licensees for informational and analytical purposes.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content.

We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, Content or User Content that is of excessive length, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. We may remove such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to Content and User Content and/or violation of this Agreement (e.g., violations of criminal laws) is: Legal, Project Monitor, Inc., 4516 Lovers Lane #392, Dallas, TX 75225. Only notices pursuant to this Section 7 and notices relating to complaints in connection with Content and User Content or violations of this Agreement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be to us at the email address and mailing address set forth in Section 17 (Contact).

8. NO MEDICAL ADVICE

HARBOR PROVIDES THE SERVICES FOR YOU TO MONITOR CHILDREN IN YOUR CARE. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE INTENDED FOR YOUR PERSONAL INFORMATIONAL USE ONLY. THE HARBOR HARDWARE AND SERVICES ARE NOT MEDICAL DEVICES. RNN SERVICES, WHICH ARE FURNISHED PURSUANT TO THIS AGREEMENT AND THE RNN TERMS OF USE, DO NOT PROVIDE MEDICAL ADVICE.

THE SERVICES AND ANY RESULTS OR CONTENT DISPLAYED VIA THE SERVICES, WHETHER PROVIDED BY HARBOR OR THIRD PARTIES, DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR (I) ADVICE FROM YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS, (II) A VISIT, CALL, OR CONSULTATION WITH YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS, OR (III) THE DIAGNOSIS, TREATMENT, PREVENTION, OR MITIGATION OF A DISEASE, DISORDER, SYNDROME, OR CONDITION.

THE SERVICES DO NOT AND ARE NOT INTENDED TO DIAGNOSE, DETECT, TREAT, PREVENT, MITIGATE, OR CURE ANY DISEASE, DISORDER, SYNDROME, OR MEDICAL CONDITION (INCLUDING SUDDEN INFANT DEATH SYNDROME (SIDS), RESPIRATORY SYNCYTIAL VIRUS (RSV), SEIZURES, AND LARYNGOTRACHEOBRONCHITIS (CROUP)). 

ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES, OR COMMUNICATION WITH US VIA THE INTERNET, EMAIL, OR OTHER MEANS, DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP. IF YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING, DETECTING, TREATING, PREVENTING, MITIGATING, OR CURING A HEALTH PROBLEM, DISEASE, DISORDER, SYNDROME, OR CONDITION. YOU SHOULD ALWAYS CONSULT A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL PRIOR TO BEGINNING OR MODIFYING ANY DIET, EXERCISE, OR TRAINING PROGRAM.

 YOU ACKNOWLEDGE AND AGREE THAT MONITORING THE CHILDREN IN YOUR CARE REMOTELY, INCLUDING BY USING THE SERVICES (WITH OR WITHOUT THE RNN SERVICES), CARRIES CERTAIN INHERENT AND SIGNIFICANT RISKS OF INJURY OR DEATH, AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES.

9. WELLNESS-RELATED CONTENT

The Content available through the Services may include recommendations and other media to help with general wellness efforts, including sleep-related efforts. You acknowledge and agree that Harbor is not a healthcare provider and that the Services (including any general wellness recommendations and any information available through the Services that may appear to be personalized) may not be appropriate for your family. Harbor is not responsible for any results that may or may not be obtained from the use of the Service.

 As indicated above, the terms of service that apply to the Harbor Sleep & Wellness Services are available at https://harbor.co/pages/sleep-wellness-coaching-agreement.

10. PAYMENT OF FEES
11. Fees. You agree to pay (i) the Membership Fees as described in this Agreement and during the purchase and payment process; and (ii) the non-refundable Initial Membership Fee (as described above). Any payment terms presented to you in the process of obtaining your Membership are deemed part of this Agreement and are incorporated herein by reference. You may be charged restocking fees, as applicable, as set forth with respect our warranty and return policy in Section 14 (Limited Warranty and Return Policy) below. The structure of fees may change from time to time but existing Memberships and contracts will be honored per the terms and conditions signed up to at that time.
12. Billing. We may collect payments from you directly or we may use a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your Harbor Account on the Services (your “Billing Account”) for your Membership. The processing of payments by a Payment Processor will be subject to the terms, conditions, and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Membership, you agree to pay us, either directly or through a Payment Processor, all Membership Fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.
13. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
14. Recurring Billing. The Membership payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Membership Fees have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY, DEPENDING ON YOUR SUBSCRIPTION) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS AT https://harbor.co/.
15. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS AT https://harbor.co/. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY SUBSCRIPTION FEES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION AS SET FORTH ABOVE.
16. Auto-Renewal. The Membership will be automatically extended for (i) successive monthly renewal periods in the event you have purchased a monthly Membership or (ii) successive 12-month periods in the event you have purchased either an annual or 24-month Membership. In the case of an annual or 24-month Membership, we will notify you by email at least thirty (30) days prior to such automatic extension taking effect. To change or terminate your Membership, go to Account settings at https://harbor.co/ or email support@harbor.co. If you terminate your Membership, you may continue to use your Membership until the end of your then-current term and your Membership will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Membership Fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your Membership before the end of the then-current term. Your Membership cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Harbor will not refund any amounts that you have already paid.
17. Reaffirmation of Authorization. Your non-termination or continued use of your Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the Subscription.

11. INDEMNITY

You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, partners, and licensors harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your User Content, (ii) your breach of this Agreement, (iii) your uploading of, access to, connection to, or use or misuse of the Content or the Services, or (iv) your violation of law. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to this Section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

12. DISCLAIMER OF WARRANTY

EXCEPT AS STATED IN SECTION 14 (LIMITED WARRANTY AND RETURN POLICY), THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT) OR SERVICES, INCLUDING BUT NOT LIMITED TO ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. WE DO NOT MAKE ANY PROMISES OR REPRESENTATIONS ABOUT THE HARBOR HARDWARE’S, THE APPS’, OR THE SERVICES’ FUNCTIONALITY, PERFORMANCE, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR (I) THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR (II) FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES OR TO THE AVAILABILITY OF ANY DATA OR INFORMATION STREAM (INCLUDING AUDIO OR VIDEO FEEDS AS WELL AS IMAGES AND PHOTOGRAPHS) FROM WHATEVER CAUSE. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR-FREE OR THAT THE SERVICES OR THE CONTENT (INCLUDING THE APPS) ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (WHICH, FOR THE AVOIDANCE OF DOUBT, INCLUDES THE HARBOR HARDWARE, THE APPS, AND THE CONTENT) IS AT YOUR OWN RISK.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR INTERRUPTION OF SERVICES) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING THE HARBOR HARDWARE, THE APPS, AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. LIMITED WARRANTY AND RETURN POLICY

1. Our Thirty (30) Day Return Policy. If you are unhappy or unsatisfied with your Harbor Hardware or other aspects of the Services, you may cancel your Membership and return your Harbor Hardware (at your own cost) for any reason within thirty (30) days of receipt of your Harbor Hardware for a full refund of the Initial Membership Fee (which will be paid via your original payment method), less return shipping costs and a restocking fee. The amount of the restocking fee will be posted at https://harbor.co/pages/faqs. For purchases made directly from Harbor, you may request a return within thirty (30) days of receipt of the Harbor Hardware by following the instructions in the “Standard Return Procedure” section below. For purchases made directly from an Authorized Reseller, the return policy of that Authorized Reseller shall apply. Harbor will not at any time issue a refund for purchases made from any third-party retailer or any other third-party marketplace.
2. Standard Return Procedure. To request a return, you must email support@harbor.co with your proof of purchase information (such as the email order confirmation you received from Harbor), at which point a return shipping label will be provided to you. Once you have requested your return, you are eligible for a refund of the Initial Membership Fee, less return shipping costs, as long as the Harbor Hardware is received, free from defects or signs of use, within thirty (30) days from the date you requested the return. To cancel your Membership within the thirty (30) days of receipt of the Harbor Hardware and in order to receive your refund, you must return the Harbor Hardware in the manner described above. If you do not return the Harbor Hardware within that 30-day period, the refund will not be applied.
3. Outside the Standard Return Period. Once the 30-day period has passed, you may still return the Harbor Hardware, but you will not receive a refund for all or any portion of your Initial Membership Fee. While you may still cancel your Membership at any time, the cancellation of the Membership after the 30-day period has passed will not go into effect until the end of the initial subscription period. You may discontinue your use of the Membership and Services at any time.
4. Effect of Returns. Once a return is processed, Harbor will cancel the Harbor Account associated with the return, as appropriate. You will no longer be able to use the Harbor Account associated with the Harbor Hardware that is being returned. Once Harbor Hardware is returned, we reserve the right to refurbish the Harbor Hardware for sale or for the Harbor Hardware to be sold as replacement Harbor Hardware. Harbor will take all reasonable and appropriate steps, consistent with industry best practices, to remove personal information from any returned Harbor Hardware. Without limiting the foregoing, your personal information will be removed from Harbor Hardware before it is refurbished and sold or sold as a replacement.
5. Warranty. Harbor warrants to the original user (who may be the purchaser or the original user for whom the purchase was first intended) that your Harbor Hardware is free from defects in materials or workmanship for one year from the date of receipt (such period, the “Warranty Period” and such warranty, the “Warranty”). If your Harbor Hardware is defective during the Warranty Period, Harbor will, at its sole discretion, repair the Hardware or provide the necessary replacements, subject to the conditions below, at no additional charge. This Warranty is non-transferable. Please email support@harbor.co if you would like to avail yourself of this Warranty.

To be eligible for the Warranty, you must:

• Be the original user of the Harbor Hardware (i.e., you must be the purchaser or the original user for whom the purchase was first intended, for example, as a gift); and
• Your Harbor Hardware must have been purchased directly from Harbor or an Authorized Reseller.

This Warranty does not cover:

• Lost Harbor Hardware
• Damage or failure through misuse or malfunction, normal wear and tear, improper or negligent use, improper or abnormal use, or any use contrary to instructions provided by Harbor;
• Damage or failure due to accident, exposure to water, acts of God, unauthorized commercial use, abuse, neglect, theft, unusual atmospheric conditions;
• Cosmetic damage;
• Damage or failure due to unauthorized modification to the Harbor Hardware, including improper cable use or incorrect power supply, or attempt to manipulate any components of the Harbor Hardware; or
• Damage or failure due to attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the Harbor Hardware.

This Warranty gives the purchaser specific legal rights. You may also have other rights which vary from state to state that may result in the change of this Warranty.

This Warranty may differ for Members who receive free Harbor Hardware as part of certain partnerships, but only as permitted by applicable law.

15. CHANGES TO SERVICES

The Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to provide you notice when we make a material change to the Services, but we do not guarantee such notice. Similarly, we reserve the right to remove any Content or User Content from the Services at any time, for any reason (including, but not limited to if someone alleges you contributed Content or User Content in violation of this Agreement), in our sole discretion, and without notice.

16. GENERAL

1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. This Agreement will inure to the benefit of our successors and permitted assigns.
2. Governing Law; Venue. This Agreement is governed by the internal substantive laws of the State of Delaware, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Texas or Delaware, in Harbor’s sole discretion.
3. Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
4. Non-Waiver. Failure by us to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
5. Entire Agreement. Except as expressly agreed by us and you, this Agreement, the Privacy Policy and any other terms presented to you on or before you create your Harbor Account and pay Membership Fees constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. Nothing in the foregoing is intended to impact the applicability of any other terms and conditions that may apply with respect to other Harbor products or services you may use, such as RNN or Sleep & Wellness Services.
6. Headings. The section headings are provided merely for convenience and shall not be given any legal import.
7. Survival. All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content and Other Content, No Medical Advice, Indemnity, Disclaimer of Warranty, Limitation of Liability, and General.
8. Third-Party Distribution Channels. Harbor offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

• Harbor and you acknowledge that this Agreement is concluded between Harbor and you only, and not with Apple Inc. (“Apple”), and that as between Harbor and Apple, Harbor, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-exclusive, revocable, non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Harbor’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Harbor and you acknowledge that Harbor, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Harbor and Apple, Harbor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Harbor at the email address or mailing address set forth in Section 17 (Conatct) of this Agreement.

 

Harbor and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

17. CONTACT

If you have any questions regarding the Services, please contact Harbor via contact information found at https://harbor.co/ or email support@harbor.co. Our mailing address is Project Monitor, Inc., 4516 Lovers Lane #392, Dallas, Texas 75225.

18. NOTICE FOR CALIFORNIA MEMBERS

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.