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Terms of Service

Effective Date: March 13, 2026

DRAFT — Subject to final review before publication

These Terms of Service ("Terms") govern your access to and use of the Enovari platform and all related services provided by Silicon Harbor Technologies, LLC. By using our services, you also agree to our Privacy Policy, Enovari Cloud AI Terms, and Acceptable Use Policy, each of which is incorporated into these Terms by reference. In the event of a conflict between these Terms and any addendum, the addendum controls with respect to the subject matter of that addendum. In the event of a conflict between these Terms and the Privacy Policy, the Privacy Policy controls with respect to data processing matters.

1. Acceptance of Terms

By accessing or using any service provided by Silicon Harbor Technologies, LLC ("Silicon Harbor," "we," "us," or "our"), including the Enovari platform and its component products — Scanner, Orrery, and Tapestry — you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

By creating an account, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" shall refer to that organization.

2. Description of Service

Silicon Harbor Technologies provides Enovari, a cloud-based platform consisting of three products delivered as a service (SaaS):

  • Scanner — Code intelligence and static analysis. Scans codebases to generate dependency graphs, complexity metrics, dead code detection, security issue identification, and AI-powered code question-and-answer capabilities.
  • Orrery — Data-agnostic three-dimensional visualization. Renders structured datasets as interactive 3D environments navigable in a web browser.
  • Tapestry — AI memory and persona system. Provides persistent cross-session memory, persona injection, multi-signal consensus-based knowledge retrieval, and contextual recall for AI agents.

Access to these products is provided through our web application and via the Model Context Protocol (MCP) standard using API keys generated from your account dashboard. Services are offered on a subscription basis as described on our pricing page.

3. Accounts and Access

3.1 Account Registration

To use Enovari, you must create an account by providing your name, email address, and a password. You are responsible for maintaining the confidentiality of your account credentials, including your password and any API keys generated through your account. You are responsible for all activity that occurs under your account.

3.2 API Keys and MCP Access

API keys grant programmatic access to our services, including through MCP-compatible AI coding assistants and development tools. You are responsible for securing your API keys and must treat them as confidential credentials. You must not embed API keys in client-side code, public repositories, or any publicly accessible location.

You may revoke API keys at any time through your account dashboard. If you believe an API key has been compromised, you must revoke it immediately and generate a new one. Silicon Harbor is not liable for unauthorized use of your API keys.

3.3 Account Security

You agree to notify us immediately at legal@silicon-harbor.net of any unauthorized use of your account. Silicon Harbor is not liable for any loss or damage arising from your failure to protect your account credentials. You may not share your account credentials with third parties, and each account is intended for use by a single individual or, if an organization account, by authorized members of that organization.

We reserve the right to suspend or terminate accounts that we reasonably believe are being shared in violation of these Terms, used for unauthorized purposes, or compromised.

4. Acceptable Use and Content Restrictions

4.1 Prohibited Conduct

You agree not to use the services to:

  • Violate any applicable law, regulation, or the rights of any third party.
  • Upload, transmit, or process any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
  • Upload or process code, data, or content that you do not have the right to use or that infringes any third party's intellectual property rights.
  • Attempt to gain unauthorized access to any part of the services, other users' accounts, data, or any systems or networks connected to the services.
  • Interfere with or disrupt the integrity, performance, or availability of the services or the infrastructure on which they operate.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data structures, or proprietary methodologies of the services, except to the extent expressly permitted by applicable law that cannot be waived by contract.
  • Use the services to develop, train, or improve a product or service that competes with any Silicon Harbor product.
  • Scrape, crawl, or use automated means to extract data, analysis results, or other output from the services for the purpose of building a competing dataset or service.
  • Exceed the usage limits of your subscription plan or use the services in a manner that places an unreasonable or disproportionate load on our infrastructure.
  • Use automated means to access the services except through our published APIs and the MCP protocol as documented.
  • Sublicense, resell, or redistribute access to the services or any output of the services to third parties without our prior written consent.

For a complete description of prohibited conduct and content, see our Acceptable Use Policy. Violation of the Acceptable Use Policy constitutes a breach of these Terms.

4.2 Prohibited Content

The services are designed for general business and development use. They are not designed, intended, or authorized for use with data subject to specific regulatory compliance requirements, including but not limited to:

  • Protected health information as defined by HIPAA/HITECH.
  • Payment card data subject to PCI-DSS.
  • Data subject to export controls under ITAR or EAR.
  • Classified government information.
  • Data subject to financial regulations including SOX, GLBA, or SEC rules governing material non-public information.
  • Personal data of children under 13 as governed by COPPA.
  • Bulk personal data of third parties without their consent.
  • Content that would make Silicon Harbor a mandatory reporter, including child sexual abuse material (CSAM) or terrorist content.

If you store regulated data in violation of these restrictions, Silicon Harbor makes no representations regarding compliance with applicable sector-specific regulations and you assume all associated risk and liability.

5. Intellectual Property and Content Ownership

5.1 Your Content

You retain all ownership rights in any code, data, datasets, knowledge, or other content that you upload, submit, or process through the services ("Your Content"). Silicon Harbor does not claim any ownership interest in Your Content.

By using the services, you grant Silicon Harbor a limited, non-exclusive, non-transferable, revocable license to process Your Content solely for the purpose of providing the services to you. This license terminates immediately when you delete Your Content or when your account is terminated. We do not retain any rights to Your Content after termination.

We do not access, review, mine, or use Your Content for any purpose other than providing the services to you. We do not use Your Content to train machine learning models, develop new features, or provide services to other users.

5.2 AI-Generated Output Ownership

Output generated by the services based on Your Content — including analysis results, knowledge connections, summaries, insights, persona responses, and recommendations — is considered "Your Content" for all purposes under these Terms, including ownership, deletion, and export. You own this output.

The underlying technology, algorithms, models, system prompts, and methods that produced the output remain the exclusive intellectual property of Silicon Harbor Technologies. This distinction means: you own the data and the results; we own the engine.

Copyright Notice: Under current United States copyright law, purely AI-generated content may not be eligible for copyright protection. Silicon Harbor makes no representation about the copyrightability of AI-generated output. Content that you author or substantially edit retains full copyright protection.

For additional terms governing AI-generated output, persona memory, and accuracy disclaimers, see our Enovari Cloud AI Terms.

5.3 Our Intellectual Property

The services, including all software, source code, object code, algorithms, data structures, system architectures, analysis methodologies, scoring systems, retrieval engines, parsing technologies, user interfaces, designs, text, graphics, documentation, and all improvements and derivative works thereof, are the exclusive proprietary property of Silicon Harbor Technologies, LLC and are protected by United States and international copyright, trade secret, and other intellectual property laws.

Without limiting the foregoing, the following are proprietary trade secrets and/or copyrighted works of Silicon Harbor Technologies:

  • The Enovari code intelligence platform and all component systems.
  • The Scanner static analysis engine and its underlying parsing, scope-tracking, and code comprehension technologies.
  • The Tapestry multi-signal consensus retrieval engine, memory architecture, and persona system.
  • The Orrery rendering engine and data visualization system.
  • All proprietary algorithms, heuristics, scoring methodologies, and data processing techniques used in the services.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on any part of the services without our prior written consent.

5.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the services ("Feedback"), you grant Silicon Harbor a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into our products and services without any obligation to you.

5.5 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by Silicon Harbor Technologies. No implied licenses are granted by these Terms. Your use of the services does not grant you any right, title, or interest in our intellectual property except the limited right to use the services as described herein.

6. Data Security

6.1 Our Security Commitment

Silicon Harbor implements commercially reasonable, industry-standard security measures to protect Your Content. These measures include, but are not limited to: encryption of data in transit when transmitted over HTTPS (TLS 1.2 or higher); per-user data isolation at the filesystem level; cryptographic hashing of passwords and API keys; rate limiting on authentication endpoints; and regular security review of our systems. For a complete description of our security measures, see Section 4 of our Privacy Policy.

6.2 Multi-Tenant Isolation

Each user's data is stored in isolated directories and database files on our servers. Your code, datasets, knowledge notes, and persona memories are physically separated from other users' data at the filesystem level. While the services run on shared application infrastructure, your data is never commingled with other users' data. We will not access Your Content except: (a) to provide the services, (b) to respond to support requests with your explicit consent, (c) as required by law, or (d) to enforce these Terms.

6.3 Breach Notification

In the event of a confirmed security breach affecting Your Content, we will notify you in accordance with our Privacy Policy and applicable law. We will provide a description of the breach, the types of information affected, and the steps we are taking to address it.

6.4 Breach-Specific Liability

Silicon Harbor's aggregate liability for security breaches caused by our negligence shall not exceed three (3) times the fees paid by you during the twelve (12) months preceding the breach. This section does not modify the general limitation of liability in Section 11 except as expressly stated herein.

7. Confidentiality of Service Internals

You acknowledge that the internal operation of the services, including but not limited to algorithmic behavior, scoring outputs, retrieval mechanics, parsing methodologies, and system responses, constitutes confidential and proprietary information of Silicon Harbor Technologies. You agree not to:

  • Disclose, publish, or share detailed descriptions of the internal workings, algorithms, or methodologies of the services based on your observation of their operation.
  • Attempt to reconstruct, replicate, or reverse-engineer any proprietary algorithm or methodology by systematic analysis of inputs and outputs.
  • Benchmark the services against competing products for the purpose of public publication without our prior written consent.

This section does not restrict your right to describe your experience using the services, share your own analysis results, or provide honest reviews. It protects only the proprietary technical details of how the services operate internally.

8. Payment and Billing

8.1 Subscription Plans

Certain features of the services require a paid subscription. By subscribing to a paid plan, you agree to pay the applicable fees as described on our pricing page. All fees are quoted and charged in U.S. dollars. You are responsible for any taxes applicable to your subscription.

8.2 Payment Processing

Payment is processed through Stripe, Inc., a third-party payment processor. By providing your payment information, you agree to Stripe's terms of service. You authorize Stripe to charge your designated payment method for all applicable fees.

8.3 Billing Cycle and Cancellation

Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan) unless you cancel. You may cancel your subscription at any time through your account dashboard. Upon cancellation:

  • You will retain access to paid features until the end of your current billing period.
  • No refunds are provided for partial billing periods.
  • Your data will be retained and available for export for 30 days following the end of your billing period, after which it may be deleted.

8.4 Price Changes

We reserve the right to change our pricing. If we change the pricing for your current plan, we will provide at least 30 days' notice before the new pricing takes effect. If you do not agree to the new pricing, you may cancel your subscription before the new pricing applies. Your continued use after a price change constitutes acceptance.

8.5 Failed Payments

If a payment fails, we will attempt to process the payment again and notify you by email. If payment remains unsuccessful after a reasonable number of attempts, we may suspend your access to paid features until payment is resolved. We will not delete your data due to a payment failure without providing at least 15 days' notice.

9. Service Availability

9.1 Availability Target

Silicon Harbor targets 99.5% monthly uptime for the services, excluding scheduled maintenance windows. We do not guarantee specific availability levels at this time and do not offer service level credits. As the service matures, we may offer formal Service Level Agreements with defined uptime commitments and remedies.

9.2 Scheduled Maintenance

We will provide advance notice of scheduled maintenance when practical. Scheduled maintenance windows are excluded from uptime calculations.

9.3 Modifications to the Service

We reserve the right to modify, update, or discontinue any feature or aspect of the services at any time. If we discontinue a material feature that you rely on, we will provide at least 30 days' notice and assist with data export. Material changes to how AI-generated output is produced or how your data is processed will be communicated via email and in-app notice.

10. Disclaimer of Warranties

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

WITHOUT LIMITING THE FOREGOING, SILICON HARBOR DOES NOT WARRANT THAT:

  • THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.
  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  • THE RESULTS OBTAINED FROM THE USE OF THE SERVICES, INCLUDING CODE ANALYSIS, SECURITY FINDINGS, AI-GENERATED INSIGHTS, KNOWLEDGE CONNECTIONS, AND PERSONA RESPONSES, WILL BE ACCURATE, RELIABLE, OR COMPLETE.
  • ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
  • THE CONFIDENCE SCORES, RANKINGS, OR ASSESSMENTS PRODUCED BY THE CONSENSUS ENGINE OR OTHER AI COMPONENTS REFLECT FACTUAL ACCURACY.

THE SERVICES PROVIDE CODE ANALYSIS, AI-POWERED INSIGHTS, AND PERSISTENT MEMORY AS INFORMATIONAL TOOLS. THEY ARE NOT A SUBSTITUTE FOR PROFESSIONAL CODE REVIEW, SECURITY AUDITING, LEGAL ADVICE, FINANCIAL ANALYSIS, OR HUMAN JUDGMENT. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BASED ON THE OUTPUT OF THE SERVICES. Tapestry memories may contain errors, outdated information, or AI-generated content that does not reflect reality. See our Enovari Cloud AI Terms for additional accuracy disclaimers.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SILICON HARBOR TECHNOLOGIES AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES.
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR CONNECTED TO THE SERVICES.
  • ANY CONTENT, DATA, OR ANALYSIS OBTAINED FROM THE SERVICES.
  • UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA.
  • DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE ON THE OUTPUT OF THE SERVICES, INCLUDING AI-GENERATED ANALYSIS, PERSONA RESPONSES, AND KNOWLEDGE CONNECTIONS.
  • SERVICE INTERRUPTIONS, DATA LOSS, OR SYSTEM FAILURES.

EXCEPT AS PROVIDED IN SECTION 6.4 (BREACH-SPECIFIC LIABILITY), IN NO EVENT SHALL SILICON HARBOR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SILICON HARBOR DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless Silicon Harbor Technologies, its officers, directors, members, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms.
  • Your use of the services.
  • Your Content, including any claim that Your Content infringes or misappropriates any third party's intellectual property or other rights.
  • Your storage of regulated data in violation of Section 4.2 (Prohibited Content).
  • Your violation of any applicable law or regulation.

13. Termination

13.1 Termination by You

You may terminate your account at any time through your account dashboard or by contacting us at legal@silicon-harbor.net.

13.2 Termination by Us

We may terminate or suspend your access to the services immediately, without prior notice, if you breach these Terms or the Acceptable Use Policy, or engage in activity that we reasonably believe is harmful to the services, other users, or our business. For terminations not caused by your breach, we will provide at least 30 days' notice.

13.3 Effect of Termination and Data Export

Upon termination, your right to use the services will immediately cease. We will make your data available for export for a period of 30 days following termination. Exportable data includes:

  • Your Tapestry knowledge database (tapestry.db) in SQLite format.
  • Your persona memory databases (mind.db files) in SQLite format.
  • Your Scanner analysis results.
  • Your account information in JSON format.

After the 30-day export window, we will delete your data from our active systems. Backup copies, if any, will be purged within 30 days thereafter. Export tools and documentation will be available through your account dashboard or upon request.

The following provisions survive termination: Sections 5 (Intellectual Property), 6 (Data Security), 7 (Confidentiality of Service Internals), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and 16 (Miscellaneous).

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions.

14.2 Mandatory Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the services ("Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Charleston, South Carolina, or, at your election, by telephone, online, or based on written submissions. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND SILICON HARBOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions to Arbitration

This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Either party may bring a claim in small claims court in Charleston County, South Carolina (or your county of residence) if the claim qualifies. Claims related to intellectual property rights (patents, copyrights, trademarks, trade secrets) may be litigated in court. Claims subject to the DMCA Copyright Policy follow the procedures described therein.

14.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@silicon-harbor.net within 30 days of first accepting these Terms. Your notice must include your name, account email address, and a clear statement that you wish to opt out of binding arbitration.

14.6 Informal Resolution

Before filing any arbitration or legal claim, you agree to attempt to resolve the dispute informally by contacting us at legal@silicon-harbor.net. We will attempt to resolve the dispute within 30 days. If informal resolution fails, either party may proceed with arbitration or, if applicable, litigation.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email and by posting a prominent notice on our website at least 30 days before the changes take effect. Your continued use of the services after the effective date of any changes constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically. The "Effective Date" at the top of this page indicates when the Terms were last updated.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Enovari Cloud AI Terms, and Acceptable Use Policy, constitute the entire agreement between you and Silicon Harbor Technologies regarding the use of the services and supersede any prior agreements, whether written or oral.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by Silicon Harbor to be effective.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

16.5 Force Majeure

Silicon Harbor shall not be liable for any failure or delay in performing our obligations under these Terms caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, cyberattacks, pandemics, or labor disputes.

16.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No person or entity other than you and Silicon Harbor has any rights under these Terms.

16.7 Data Processing

If you are located in the European Economic Area, United Kingdom, or Switzerland, or if applicable data protection laws require a data processing agreement, our Data Processing Agreement ("DPA"), when available, will be incorporated into these Terms by reference. The DPA will govern our processing of personal data on your behalf and will include our obligations as a data processor, the categories of data processed, our current sub-processor list, breach notification procedures, data deletion obligations upon termination, and Standard Contractual Clauses for international data transfers.

17. Contact

If you have any questions about these Terms, please contact us:

Silicon Harbor Technologies, LLC
Charleston, South Carolina, United States
Email: legal@silicon-harbor.net

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