Terms Of Service
These Terms of Service, referred to as the “Terms,” govern your access to and use of Digital Harbor’s services, website, WhatsApp communications, digital platforms, products, and related services.
By using our services, contacting us, submitting information, or communicating with us through WhatsApp or any other channel, you agree to these Terms.
1. About Digital Harbor
Digital Harbor, referred to as “Digital Harbor,” “we,” “us,” or “our,” provides digital, technology, communication, consulting, marketing, software, support, or related business services as described in our proposals, agreements, websites, quotations, or service communications.
2. Eligibility
You must be legally able to enter into a binding agreement to use our services. If you use our services on behalf of a company or organization, you confirm that you have authority to accept these Terms on behalf of that company or organization.
3. Use of Our Services
You agree to use our services only for lawful, authorized, and proper purposes.
You must not:
- Use our services for illegal, fraudulent, misleading, harmful, or abusive activities
- Interfere with the security, operation, or availability of our systems
- Attempt to gain unauthorized access to our platforms, accounts, systems, or data
- Send spam, malicious content, viruses, or harmful code
- Misrepresent your identity, business, or authority
- Violate any applicable law, regulation, third-party right, or platform policy
- Use our services in a way that damages Digital Harbor’s reputation or operations
We may suspend or terminate access to our services if we believe these Terms have been violated.
4. WhatsApp Communications
Digital Harbor may communicate with you through WhatsApp, including through WhatsApp Business tools or the WhatsApp Business Platform.
By contacting us through WhatsApp, providing your phone number, or opting in to receive WhatsApp messages, you agree that we may send you messages related to:
- Customer support
- Service updates
- Quotes, proposals, confirmations, or reminders
- Transactions or account-related communications
- Marketing or promotional messages, where permitted
- Other communications related to your relationship with Digital Harbor
You can opt out of WhatsApp marketing messages at any time by replying “STOP”, asking us to unsubscribe you, or blocking our WhatsApp number.
You understand that WhatsApp is operated by Meta and is subject to WhatsApp’s own terms, policies, and privacy practices.
5. Accounts and Information
Some services may require you to provide information, create an account, submit forms, or share business details.
You agree that all information you provide to Digital Harbor will be accurate, complete, current, and not misleading. You are responsible for maintaining the confidentiality of any login details, account credentials, or access links provided to you.
You must notify us immediately if you suspect unauthorized access or misuse of your account or information.
6. Quotes, Proposals, and Orders
Any quote, proposal, estimate, or offer provided by Digital Harbor is subject to the terms stated in that document. Unless otherwise stated, quotes and proposals may be valid only for the period specified in the relevant communication.
We may reject, cancel, or modify a request if:
- The requested service is unavailable
- Required information is incomplete or inaccurate
- Payment is not received when due
- The request violates these Terms or applicable law
- There is an error in pricing, description, or availability
- We are unable to fulfill the service for operational, technical, legal, or compliance reasons
7. Payments and Fees
You agree to pay all fees, charges, taxes, and costs associated with the services you purchase or request from Digital Harbor.
Payment terms, billing schedules, accepted payment methods, and due dates may be stated in an invoice, proposal, agreement, quotation, or service order.
Unless otherwise agreed in writing:
- Fees are due according to the invoice or payment request
- Late payments may result in service suspension or delay
- Payments are non-refundable once work has started or services have been delivered
- You are responsible for any bank, transfer, transaction, or processing fees
- Taxes, duties, or government charges are your responsibility unless stated otherwise
8. Cancellations and Refunds
Cancellation and refund terms may vary depending on the service purchased.
Unless a separate written agreement states otherwise:
- You may request cancellation by contacting us in writing
- Work already completed, time spent, third-party costs, setup fees, licenses, and custom services are non-refundable
- Refunds, if approved, may be issued using the original payment method or another method we choose
- Digital Harbor may deduct reasonable administrative, processing, or third-party costs from any refund
- Ongoing subscriptions or retainers may require advance notice before cancellation
9. Service Delivery and Timelines
We will make reasonable efforts to deliver services within agreed timelines. However, timelines may depend on factors such as your cooperation, approvals, availability of information, third-party providers, technical issues, payment status, or circumstances beyond our control.
Digital Harbor is not responsible for delays caused by:
- Late or incomplete information from you
- Delayed approvals or feedback
- Third-party platforms, vendors, or service providers
- Force majeure events
- Changes in project scope
- Payment delays
- Technical or operational interruptions
10. Changes to Services
We may update, modify, suspend, or discontinue any part of our services at any time, where reasonably necessary. We may also change features, processes, pricing, or availability of services.
For active paid services, material changes will be handled according to the applicable proposal, agreement, or written communication between you and Digital Harbor.
11. Third-Party Services
Our services may involve third-party platforms, software, payment processors, hosting providers, WhatsApp, Meta, cloud services, analytics tools, marketing tools, or other providers.
You acknowledge that third-party services are governed by their own terms, privacy policies, fees, and availability. Digital Harbor is not responsible for third-party service outages, policy changes, data handling, pricing changes, restrictions, or errors.
12. Intellectual Property
All intellectual property owned by Digital Harbor, including our name, logo, branding, website content, designs, templates, workflows, software, code, documents, strategies, processes, and materials, remains the property of Digital Harbor or our licensors.
Unless otherwise agreed in writing, we grant you a limited, non-exclusive, non-transferable right to use deliverables provided to you for your internal business purposes after full payment has been received.
You must not copy, resell, license, distribute, modify, reverse engineer, or misuse Digital Harbor’s intellectual property without our written permission.
13. Client Materials
You retain ownership of materials, content, data, logos, trademarks, images, files, and information that you provide to us.
You grant Digital Harbor a limited right to use those materials as necessary to provide the requested services. You confirm that you have the necessary rights, permissions, and licenses to provide those materials to us.
You are responsible for ensuring that your materials do not infringe any third-party rights or violate any law.
14. Confidentiality
Both you and Digital Harbor may receive confidential information during the course of a business relationship.
Each party agrees to use reasonable care to protect confidential information and not disclose it to unauthorized parties, except where disclosure is required to provide services, comply with law, enforce these Terms, or with the other party’s consent.
Confidentiality obligations do not apply to information that is publicly available, already known, independently developed, or lawfully received from another source.
15. Privacy
Our handling of personal information is described in our Privacy Policy.
By using our services or communicating with us, you agree that we may collect, use, store, and process information as described in our Privacy Policy.
16. Acceptable Content
You agree not to provide or request content, materials, campaigns, or services that involve:
- Illegal or fraudulent activity
- Hate, harassment, exploitation, or abuse
- Malware, phishing, spam, or deceptive practices
- Infringement of intellectual property rights
- Unauthorized collection or use of personal data
- Misleading claims or false advertising
- Content that violates WhatsApp, Meta, or other platform policies
- Any activity prohibited by applicable law
We may refuse, suspend, or terminate work involving prohibited content or activities.
17. No Guarantees
We aim to provide professional and reliable services. However, unless expressly stated in a written agreement, we do not guarantee specific business results, revenue, rankings, engagement, approvals, platform acceptance, uninterrupted service, or error-free operation.
Digital Harbor does not guarantee that WhatsApp, Meta, search engines, social platforms, hosting providers, app stores, payment providers, or other third-party platforms will approve, maintain, or continue any account, campaign, integration, message, or service.
18. Disclaimers
Our services are provided on an “as available” and “as provided” basis, unless otherwise agreed in writing.
To the fullest extent permitted by law, Digital Harbor disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, or reliability.
Nothing in these Terms excludes any warranty or right that cannot legally be excluded.
19. Limitation of Liability
To the fullest extent permitted by law, Digital Harbor will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, business opportunities, or anticipated savings.
Unless otherwise required by law, Digital Harbor’s total liability for any claim relating to our services will be limited to the amount you paid to Digital Harbor for the specific service giving rise to the claim during the three months before the claim arose.
20. Indemnity
You agree to defend, indemnify, and hold harmless Digital Harbor, its owners, employees, contractors, partners, and representatives from any claims, damages, losses, liabilities, costs, or expenses arising from:
- Your use of our services
- Your breach of these Terms
- Your violation of law or third-party rights
- Materials, data, or instructions you provide to us
- Your misuse of WhatsApp, Meta, or other third-party platforms
21. Suspension and Termination
We may suspend or terminate services, access, accounts, projects, or communications if:
- You breach these Terms
- Payment is overdue
- Required information or cooperation is not provided
- Continuing the service creates legal, compliance, security, or reputational risk
- A third-party platform restricts, suspends, or terminates related access
- We are required to do so by law or authority
Termination does not affect any payment obligations, confidentiality obligations, intellectual property rights, liability limits, or rights that should reasonably continue after termination.
22. Force Majeure
Digital Harbor is not responsible for delays, failures, or interruptions caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, government actions, labor disputes, internet outages, cyberattacks, power failures, platform outages, supplier failures, epidemics, pandemics, or other force majeure events.
23. Governing Law
These Terms are governed by the laws of SAUDI, without regard to conflict of law rules.
Any disputes will be handled by the courts or dispute resolution bodies located in SAUDI, unless another process is required by applicable law or agreed in writing.
24. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on our website or made available through an appropriate channel. The “Last updated” date will indicate when the Terms were last revised.
Your continued use of our services after changes are posted means you accept the updated Terms.