1. Acceptance

By accessing harbinge.rs or using Forager, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Description of Service

Forager is a software-as-a-service platform for RF and BLE-based asset tracking and presence confirmation. Features include asset management, mobile scanning, location logging, team management, and reporting. The platform is provided for internal business operations only and is not intended for consumer or personal use.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Accounts and Access

To use Forager, you must create an account with a valid email address. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

Each subscription covers a defined number of user seats as specified in your order. Sharing credentials across more users than licensed is a material breach of these Terms.

4. Acceptable Use

You may use the Service only for lawful purposes consistent with these Terms. You agree not to:

• Use the Service to track individuals without their knowledge or consent in violation of applicable law.
• Reverse-engineer, decompile, or attempt to derive source code from any part of the Service.
• Introduce malware, viruses, or other harmful code into the Service.
• Attempt to gain unauthorized access to any system, network, or data associated with the Service.
• Resell, sublicense, or provide the Service to third parties without our written consent.
• Use the Service to store or transmit protected health information (PHI) without a signed Business Associate Agreement (BAA) with Harbinge.rs.

5. Subscription, Payment, and Cancellation

Fees. Subscription fees are charged annually in advance unless otherwise stated in your order. All fees are in US dollars and are non-refundable except as required by law or as expressly stated in your order.

Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current rate unless cancelled before the renewal date.

Cancellation. You may cancel your subscription at any time through the Forager dashboard or by contacting [email protected]. Cancellation takes effect at the end of the current billing period; no partial-period refunds are issued.

Price changes. We will provide at least 30 days' written notice before increasing subscription fees. Continued use after the effective date constitutes acceptance of the new pricing.

Taxes. Fees do not include applicable sales, use, or similar taxes, which are your responsibility.

6. Data Ownership and Processing

Your data. You retain all ownership rights to data you submit to the Service ("Customer Data"), including asset records, configuration, and user information. You grant Harbinge.rs a limited license to process Customer Data solely to provide and improve the Service.

Our obligations. We will not sell, share, or use Customer Data for purposes other than delivering the Service, as described in our Privacy Policy.

Data export. You may export your Customer Data at any time through the platform. Upon termination, we will retain your data for 90 days to allow export, after which it will be permanently deleted.

HIPAA. If you are a HIPAA-covered entity or business associate, a signed Business Associate Agreement is required before using Forager to process PHI. Contact [email protected] to request a BAA.

7. Intellectual Property

Harbinge.rs owns all rights, title, and interest in the Service, including software, algorithms, UI, trademarks, and documentation. These Terms do not grant you any ownership interest in the Service. You may not copy, modify, or create derivative works from any part of the Service.

Feedback or suggestions you provide may be used by Harbinge.rs without restriction or compensation.

8. Confidentiality

Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information (at least reasonable care), and not to disclose it to third parties without prior written consent. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARBINGE.RS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of security vulnerabilities. RF and BLE signal-based location is inherently probabilistic and is not suitable as the sole mechanism for life-safety or mission-critical decisions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARBINGE.RS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HARBINGE.RS'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU TO HARBINGE.RS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Harbinge.rs and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service in violation of these Terms; (b) your Customer Data; or (c) your violation of any applicable law or third-party right.

12. Export Controls

The Service is subject to United States export laws and regulations, including the Export Administration Regulations (EAR). You represent that you are not located in, or a national or resident of, any country subject to US embargo, and that you are not on any US government list of prohibited or restricted parties. You agree not to export or re-export the Service in violation of applicable export laws.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms that cannot be resolved by good-faith negotiation will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in San Bernardino County, California.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

14. Modifications

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes by email or in-app notice. Continued use of the Service after the effective date of a change constitutes acceptance of the revised Terms. The current version is always available at harbinge.rs/terms.html.

15. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between you and Harbinge.rs regarding the Service.

Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary; the remaining provisions remain in full force.

Waiver. Failure to enforce any provision of these Terms is not a waiver of future enforcement.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact

Legal notices and questions about these Terms:

Harbingers LLC (dba Harbinge.rs)
Upland, California
[email protected]