Last updated October 18, 2023
HarborHaul is licensed to You (End-User) by Obraj Inc, located and registered at 15500 Voss Rd Unit 3, Sugar Land, TX 77498, Houston, Texas 774092, United States (“Licensor”), for use only under the terms of this License Agreement. Our VAT number is 5399841004.
By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Obraj Inc, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). Obraj Inc acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
HarborHaul when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. HarborHaul is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).
TABLE OF CONTENTS
1. THE APPLICATION
HarborHaul (“Licensed Application”) is a piece of software created to HarborHaul revolutionizes the e-commerce experience by offering a unique blend of convenience and flexibility, redefining how users shop and pay for their purchases. Key features that set HarborHaul apart include: Concierge Service: Emphasizing user convenience, HarborHaul extends beyond traditional e-commerce platforms by providing personalized concierge services, catering to the individual needs of each customer. Flexible Payment Options: HarborHaul eliminates the common hurdle of mandatory online card payments. For business transactions, users can opt for direct money transfers, providing ease of use, especially for corporate clients. Additionally, the
‘Cash on Delivery’ feature allows payment to be made only when the product arrives at the user’s doorstep, ensuring trust and satisfaction in every transaction. In an industry where user registration is often mandatory, HarborHaul stands out by offering services without the need to sign in, fostering a user-friendly experience that respects privacy and encourages spontaneous shopping. Real-time Communication: Post-purchase, users can directly communicate with HarborHaul employees through the app, making inquiries, tracking their orders, or resolving issues related to their delivery. This feature ensures transparency and builds a continuous relationship between the user and the service. HarborHaul’s commitment to user convenience, secure and flexible payment methods, privacy, and excellent customer service positions it as an innovative solution in the e-commerce landscape. – and customized for iOS and Android mobile devices (“Devices”). HarborHaul is designed to personalize the shopping experience, meeting the unique preferences and requirements of each customer. It offers a vast array of products from various suppliers, allowing users to effortlessly search for and order their desired items. What sets HarborHaul apart is its flexible payment system; it eschews the typical online payment process, offering a ‘pay-on-delivery’ option that only requires payment when orders are safely delivered to the customer’s doorstep. Furthermore, HarborHaul understands that flexibility is crucial for today’s consumers. Therefore, it allows users to modify both the delivery time and location to suit their schedules. Customers can also bookmark their favorite items for future reference and revisit their search history for a more efficient shopping experience. Additionally, HarborHaul fosters direct communication between customers and its team. After placing an order, users can engage in real-time conversations with HarborHaul representatives to inquire about their purchases, share concerns, or receive guidance on their specific orders. The platform also ensures customers are always in the loop by providing push notifications regarding their orders or any new updates. In essence, HarborHaul isn’t just an e-commerce platform; it’s a user-centric service that priorities convenience, flexibility, and open communication, redefining the standard online shopping experiences..
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.2 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Obraj Inc’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Obraj Inc’s prior written consent).
2.4 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.5 Licensor reserves the right to modify the terms and conditions of licensing.
2.6 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2 Obrai Inc and the End-User acknowledge that the Services have no obligation whatsoever to furnish maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application offers a feature that allows you to communicate with the HarborHaul team concerning details related to your orders. At HarborHaul, we prioritize the privacy and confidentiality of our customers’ information, ensuring that it remains secure and protected at all times. Conversations between customers and the HarborHaul team will be strictly limited to discussions pertinent to order-related matters.
Furthermore, the application provides the functionality to share photos and files, facilitating a more efficient exchange of information specific to your order. Please be assured that any information shared within this context will remain confidential, accessible only to the HarborHaul team managing your order and yourself. We have implemented rigorous security measures to safeguard your personal communications with the HarborHaul team, upholding our commitment to protect your privacy.”
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Obraj Inc’s sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Obraj Inc about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of fifteen (15) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Obraj Inc reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Obraj Inc and the End-User acknowledge that Obraj Inc, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
15500 Voss Rd Unit 3, Sugar Land, TX 77498
Houston, TX 774092
The license is valid until terminated by Obraj Inc or by You. Your rights under this license will terminate automatically and without notice from Obraj Inc if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Obraj Inc represents and warrants that Obraj Inc will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Obraj Inc and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Obraj Inc, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Texas excluding its conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.