Terms of Use

Agreement to Terms

These Terms of Use ("Terms") govern your access to and use of Harvest Point Software, including the Harvest Point Web application, Harvest Point Mobile app, and related services (collectively, the "Service") provided by Zenware, Inc. ("Company," "we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Description of Service

Harvest Point is a farm management software platform designed to help agricultural operations track harvests, manage labor, maintain traceability, and fulfill orders. The Service includes web-based applications, mobile applications, and related support services.

Account Registration

To use the Service, you must:

• Create an account with accurate and complete information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access
• Be at least 18 years of age

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

Subscription and Payment

Subscription Plans

The Service is offered on a subscription basis. Subscription plans, features, and pricing are described on our website. We reserve the right to modify pricing with 30 days' notice.

Payment Terms

• Subscriptions are billed in advance on a monthly or annual basis
• Payment is due upon invoice
• All fees are non-refundable except as required by law
• Failure to pay may result in suspension of service

Free Trial

We may offer a free trial period. At the end of the trial, your subscription will automatically begin unless you cancel before the trial ends.

Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Violate any applicable laws or regulations
• Infringe on the rights of others
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service
• Transmit viruses, malware, or other harmful code
• Use the Service to send spam or unsolicited communications
• Resell or redistribute the Service without authorization
• Reverse engineer, decompile, or disassemble the Service

Your Data

Ownership

You retain ownership of all data you input into the Service ("Your Data"). We do not claim ownership of Your Data.

License to Us

You grant us a limited license to use, store, and process Your Data solely to provide and improve the Service. This license continues until you delete Your Data or terminate your account.

Data Backup

While we maintain regular backups, you are responsible for maintaining your own backup copies of Your Data. We recommend exporting your data periodically.

Intellectual Property

The Service, including its design, features, content, and underlying technology, is owned by Zenware, Inc. and protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during your subscription term.

Third-Party Services

The Service may integrate with third-party services (e.g., payment processors, mapping services). Your use of such services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not guarantee specific results from using the Service.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENWARE, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold harmless Zenware, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service or violation of these Terms.

Termination

By You

You may terminate your account at any time by contacting us. Termination does not entitle you to a refund of any prepaid fees.

By Us

We may suspend or terminate your access to the Service if you violate these Terms, fail to pay fees when due, or for any other reason with 30 days' notice (or immediately for violations).

Effect of Termination

Upon termination, your right to use the Service ceases immediately. You may export Your Data before termination. We may retain Your Data for a reasonable period to comply with legal obligations.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

Governing Law

These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in King County, Washington.

Dispute Resolution

Before filing a legal claim, you agree to attempt to resolve disputes informally by contacting us. If we cannot resolve the dispute within 30 days, either party may pursue formal legal action.

General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not waive that right.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms freely.