Barcable Terms of Use

1. Definitions

1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
2. “Services” means Barcable hosted software, websites, application programming interfaces, software development kits, command line utilities, agents, plug ins, documentation, and related features provided by Barcable, including any Beta Services.
3. “Customer Data” means data, code, content, configurations, credentials, logs, and other materials that you submit to or generate through the Services, including results, outputs, and reports produced by the Services when based on your inputs.
4. “Order” means an order form, online checkout, or other ordering document that references these Terms and sets commercial details such as plan, usage limits, and fees.
5. “Authorized User” means an individual you permit to access the Services under your account, including employees, contractors, and service providers acting on your behalf.
6. “Documentation” means technical and usage guides published by Barcable for the Services.
7. “Beta Services” means any Services or features identified as alpha, beta, preview, early access, or similar designation.

2. Accounts and Access

2.1 Registration. You must provide accurate and complete account information and keep it current. You are responsible for all activities under your account.

2.2 Credentials. You must keep passwords, tokens, keys, and other credentials confidential. You will promptly notify Barcable of any unauthorized access or suspected compromise.

2.3 Eligibility. You affirm that you have the legal capacity to enter into these Terms and, if you act on behalf of an entity, that you have authority to bind that entity.

3. Use of the Services

3.1 License. Subject to these Terms and your Order, Barcable grants you a limited, revocable, non exclusive, non transferable right for your internal business purposes to access and use the Services during the Term. No other rights are granted.

3.4 No Production Use Without Controls. You must not rely on outputs as the sole basis for deployment, rollback, or incident response decisions. Apply human review and independent validation and do not run destructive tests against production systems without explicit written authorization and guardrails.

3.5 Third Party Services. The Services may interoperate with third party products or services. Barcable does not control and is not responsible for third party services. Your use of them is governed by separate terms with the relevant provider.

3.6 Open Source. Some components may be provided under separate open source licenses. To the extent of a conflict, those licenses govern your use of the relevant component.

4. Data and Privacy

4.1 Ownership. As between the parties, you retain all rights in Customer Data. Barcable obtains no ownership of Customer Data.

4.2 License to Host and Process. You grant Barcable and its subprocessors a worldwide, royalty free license to host, store, process, transmit, display, and reproduce Customer Data only as necessary to provide and support the Services and to enforce these Terms.

4.3 Logs and Telemetry. You agree that Barcable may collect and use service logs, usage data, and telemetry related to operation of the Services for security, support, billing, capacity planning, and product improvement. Barcable will not attempt to re identify individuals from aggregated or de identified data.

4.4 Protection. Barcable will maintain safeguards designed to protect Customer Data as described in the Documentation. You are responsible for securing your systems, networks, and accounts used to access the Services.

4.5 Sensitive Data. You must not submit health, financial, biometric, children’s data, social security numbers, or other sensitive categories unless the Order and Documentation expressly permit it.

4.6 Data Location and Transfers. Barcable may process Customer Data in any location where it or its subprocessors operate, subject to applicable law.

4.7 Deletion. During the Term you may export Customer Data via the Services where available. Upon termination Barcable may delete Customer Data after a reasonable retention period while retaining copies as required by law, for dispute resolution, or for backup and archival purposes subject to ongoing confidentiality.

5. Confidentiality

5.1 Definition. “Confidential Information” means non public information disclosed by a party that is designated as confidential or that a reasonable person would understand to be confidential, including Customer Data, the terms of the Order, and non public information about a party’s products, services, business plans, security, and pricing.

5.2 Protection. The receiving party will use at least reasonable care to protect Confidential Information, will not disclose it to any third party except to its personnel and service providers who need to know and are bound by confidentiality obligations, and will use it only to exercise rights and perform obligations under these Terms.

5.3 Exclusions. Confidential Information does not include information that is or becomes public without breach, was known to the receiving party before disclosure, is independently developed without use of the disclosing party’s information, or is rightfully received from a third party without confidentiality obligation.

5.4 Required Disclosure. The receiving party may disclose Confidential Information when required by law or legal process, after providing prompt notice and cooperation to seek protective treatment where legally permissible.

6. Intellectual Property

6.1 Reservation. Barcable and its licensors own all right, title, and interest in the Services and Documentation, including related intellectual property and all improvements. Except for the limited rights expressly granted, no rights are granted by implication or otherwise.

6.2 Feedback. If you provide feedback or suggestions, you grant Barcable a perpetual, irrevocable, worldwide, royalty free right to use and exploit the feedback without restriction and without obligation to you.

6.3 Generated Content. Outputs produced by the Services in response to your inputs are deemed part of Customer Data as between the parties, subject to any third party rights and applicable law. You are responsible for verifying that your use of outputs complies with law and third party terms.

7. Fees and Taxes

7.1 Fees. You agree to pay all fees specified in the Order. Fees are based on purchased plan and metered usage. Overages may be billed at then current rates.

7.2 Invoices and Payment. Unless the Order specifies otherwise, charges are due at the start of each billing period and upon invoice for usage overages. Unpaid amounts may accrue a late charge at the lesser of one and one half percent per month or the maximum allowed by law.

7.3 No Refunds. Except where required by law, fees are non refundable.

7.4 Taxes. Fees exclude taxes. You are responsible for all sales, use, value added, and other taxes, duties, and charges, excluding taxes based on Barcable’s net income.

8. Term, Suspension, and Termination

8.1 Term. These Terms start when you first access the Services and continue until terminated as described here. Orders specify subscription terms and renewals.

8.3 Termination. Either party may terminate an Order or these Terms for cause upon written notice if the other party materially breaches and fails to cure within thirty days. Barcable may terminate immediately if your use is unlawful or causes harm. Either party may terminate for convenience at the end of a subscription term with notice per the Order.

8.4 Effect. Upon termination you must stop all use of the Services and remove any software components provided for local use. Sections that by their nature should survive will survive, including fees due, confidentiality, IP, disclaimers, limitations of liability, indemnity, and dispute resolution.

9. Disclaimers

9.1 As Is. The Services and all related items are provided as is and as available. To the fullest extent permitted by law Barcable disclaims all warranties, express or implied.

9.2 AI and Automation. The Services may generate suggestions, tests, and automated actions that can be incorrect or unsafe in certain contexts. You must validate all outputs and are solely responsible for decisions made in reliance on the Services.

9.3 No High Risk Use. The Services are not designed for use where failure could lead to death, personal injury, or severe damage. You must not use the Services for high risk activities.

9.4 Beta Services. Beta Services are for evaluation, may be unstable, and are provided without commitments or support. Barcable may discontinue Beta Services at any time without liability.

10. Limitation of Liability

10.1 Exclusion of Certain Damages. Neither party will be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, goodwill, or data.

10.2 Cap. Barcable’s total liability for all claims will not exceed the amounts you paid for the Services giving rise to the claim during the twelve months before the event, or one hundred U.S. dollars if no amounts have been paid.

10.3 Basis of the Bargain. The disclaimers and limitations are essential to the agreement between the parties.

10.4 Exceptions. The limitations do not apply to your payment obligations or your indemnification obligations.

11. Indemnification by Customer

You will defend, indemnify, and hold harmless Barcable and its Affiliates and their officers, directors, employees, and agents from and against any third party claim and related losses arising out of or related to:

1. your use of the Services, including tests you run and traffic you generate
2. Customer Data, including alleged infringement, violation of privacy, or misuse of credentials
3. your breach of these Terms or violation of law
4. your interactions with third party services.

Barcable may participate in the defense with counsel of its choice at its own expense. You will not settle any matter without Barcable’s prior written consent if the settlement imposes obligations on Barcable or does not include a complete release.

12. Security Event Response

Barcable will notify you without undue delay after confirming a breach of security within Barcable’s systems that materially compromises Customer Data. Notice may be by email to the contacts in your account. You are responsible for incidents in your environment or in third party systems that you control.

13. Compliance

13.1 Export. You represent and warrant that you and your Authorized Users are not located in any embargoed country and are not on any restricted party list. You will not use or export the Services in violation of export control or sanctions laws.

13.2 Government. The Services are commercial computer software. If accessed by or on behalf of a government, rights are limited to those in these Terms.

13.3 Anti Corruption. You will comply with applicable anti bribery and anti corruption laws.

13.4 Industry Specific Rules. The Services are not designed to comply with HIPAA or similar laws unless expressly stated in an Order and the Documentation.

14. Service Changes

Barcable may modify the Services and Documentation. If a change materially reduces core functionality of a paid plan during a subscription term, you may terminate the affected Order within thirty days of notice and receive a pro rata refund of prepaid fees for the remaining term.

15. Updates to these Terms

Barcable may update these Terms from time to time. If an update materially affects your rights, Barcable will provide notice by email or through the Services. Your continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and, if applicable, cancel the subscription at the end of the current term.

16. Notices

16.1 To You. Barcable may provide notices by email to the address in your account, by in product message, or by posting within the Services.

17. Publicity

Unless you notify Barcable in writing, Barcable may identify you as a customer and display your name and logo in customer lists, websites, and presentations, provided Barcable complies with any reasonable brand guidelines you supply.

18. Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or fiduciary relationship.

19. Force Majeure

Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor actions, utility failures, and internet or hosting provider outages.

20. Assignment

You may not assign or transfer these Terms without Barcable’s prior written consent, except to a successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets, provided the successor is not a competitor of Barcable and agrees in writing to these Terms. Barcable may assign these Terms without your consent.

21. Entire Agreement; Order of Precedence

These Terms together with the Order and Documentation are the entire agreement between the parties regarding the Services. If there is a conflict, the following order of precedence applies: Order, these Terms, then Documentation.

22. Severability and Waiver

If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable and the remaining provisions will remain in effect. Failure to enforce any provision is not a waiver.

23. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware without regard to conflict of laws principles. Subject to Section 24, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Wilmington, Delaware.

24. Dispute Resolution, Arbitration, and Class Action Waiver

24.1 Informal Resolution. Before filing a claim, a party must send a written notice of the dispute to the other party. The parties will attempt to resolve the dispute within thirty days after notice.

24.2 Agreement to Arbitrate. If the parties do not resolve the dispute in thirty days, it will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. A single arbitrator will conduct the arbitration in English in San Francisco County, California, unless the parties agree otherwise. Judgment on the award may be entered in any court with jurisdiction.

24.3 Individual Claims Only. The parties agree to bring disputes only on an individual basis. Class actions and class arbitrations are not permitted.

24.4 Opt Out. You may opt out of arbitration by sending written notice within thirty days after you first accept these Terms. If you opt out, disputes will be resolved in the courts specified in Section 23.

24.5 Time Limit. Any claim must be filed within one year after the claim arose, or it is permanently barred, except where a longer period is required by law.

25. AUP and Prohibited Uses

You agree not to use the Services to:

1. probe, scan, or test the vulnerability of any system without permission
2. disrupt or attempt to disrupt any network or service
3. upload or transmit malware, spyware, or other harmful code
4. infringe or misappropriate intellectual property or privacy rights
5. collect or process personal data without a lawful basis and required consents
6. violate export control or sanctions laws
7. engage in unlawful surveillance or any activity that is illegal, abusive, or fraudulent.

Barcable may investigate any suspected violation and may cooperate with law enforcement and affected parties.

26. Service Specific Terms for Load and Reliability Testing

1. 26.1 Test Safety. You are responsible for ensuring that targets and environments are properly isolated and configured to prevent service degradation, data loss, or account lockouts.
2. 26.2 Credentials and Secrets. You will not provide production secrets or credentials unless expressly required and protected using the secure storage described in the Documentation.
3. 26.3 Test Data. You will use synthetic or masked data where possible and will avoid submitting personal data.
4. 26.4 Autonomy Controls. You will review and approve automated actions such as deployment gating or rollback rules before enabling them.
5. 26.5 Reports and Metrics. Reports and metrics are estimates based on test conditions and are not guarantees of future performance.

27. DMCA Policy

If you believe content in the Services infringes your copyright, send a notice to legal@barcable.dev with the information required by 17 U.S.C. 512. Barcable may remove or disable access to content in response to a compliant notice and may terminate repeat infringers.

28. Contact

Questions about these Terms can be sent to legal@barcable.dev.

29. Country Specific Terms

If you are located in the European Economic Area, Switzerland, or the United Kingdom, references to personal data and processing have the meanings in applicable data protection laws. Each party will comply with applicable data protection laws. If the Services involve processing personal data where Barcable acts as a processor, the parties will execute a data processing addendum made available by Barcable that forms part of the Order.

30. Acceptance

By clicking accept or by using the Services you agree to these Terms. If you do not agree, do not use the Services.