Highbay

Terms of Service

Legal

Terms of Service

Effective: May 1, 2026   |   Last updated: 2026-10-05

These Terms of Service ("Terms") govern your use of Highbay, a free tool for logistics engineers operated by Applied Continuity LLC d/b/a Highbay ("Highbay," "we," "us," or "our"). By accessing or using the service you agree to these Terms. If you are using the service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization throughout.

1. Acceptance

By creating an account, clicking "Sign in," or otherwise accessing or using any part of the Highbay Portal, you agree to be bound by these Terms and our Privacy Statement. If you do not agree, do not use the service.

These Terms apply to all users, including visitors who are not signed in, account holders, organization administrators, and API integrators.

2. The Service

Highbay is a free tool for supply chain consultants, logistics engineers, and warehouse designers. It provides estimation tools (including the Storage Capacity Estimator and AGV ROI Estimator), AI-powered Ask synthesis and drafting sessions powered by Anthropic Claude, a curated practitioner knowledge base ("Ask"), engagement and project management for consulting workflows, optional Microsoft 365 integration (OneDrive file attachment and session export), and API / webhook capabilities for outbound integration.

We may update, add, or remove features at any time.

3. Accounts

Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to create an account. By creating an account you represent that you meet this requirement. If you are creating an account on behalf of an organization, you represent that you are authorized to do so.

Accuracy. You agree to provide accurate, complete, and current information during registration and to keep it up to date. Accounts with false or misleading information may be suspended.

Security. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at security@highbay.io if you suspect unauthorized access.

Organization accounts. Organization administrators may invite members, manage roles, and configure integrations. Administrators are responsible for ensuring that members comply with these Terms.

4. Free Service

The Highbay platform is provided free of charge. We do not collect payment details through the platform. We may change, limit, or discontinue any part of the service at any time. Where practical, we will give notice in the service before discontinuing it so that you can export your data.

Paid project support and integrations are provided under a separate written agreement or statement of work, which governs that work.

Legacy subscription. Highbay was previously offered as a paid service. One legacy supporter subscription remains billed through Stripe until the subscriber cancels it. Stripe holds that subscriber's payment details.

5. Usage Limits

To keep the service free, we apply fair-use limits, including limits on the number of questions per day for visitors who are not signed in and per month for signed-in users, and rate limits on calculators and the API. Limits are shown in the service and may change at any time. When a limit is reached, some features may be paused until it resets.

6. Acceptable Use

You agree not to use the service to:

  • Upload or transmit illegal content, including content that violates any applicable law, regulation, court order, or third-party rights (including intellectual property rights).
  • Scrape or harvest data for the purpose of building a competing product or for any unauthorized commercial purpose.
  • Reverse-engineer the service, including attempts to decompile, disassemble, or derive source code, trade secrets, or proprietary algorithms from the portal or its APIs.
  • Abuse AI features, including attempts to bypass safety guardrails, inject malicious prompts at scale, or use the Ask features for purposes other than their intended supply chain and logistics professional use cases.
  • Interfere with infrastructure, including transmitting malware, conducting denial-of-service attacks, probing for vulnerabilities without authorization, or otherwise disrupting the service or other users.
  • Misrepresent identity, including impersonating Highbay staff, other users, or any other person or entity.

Violation of these rules may result in immediate suspension or termination of your account.

7. Your Content

You own your content. All data, documents, prompts, project notes, and other material you upload or create in the portal ("Your Content") remains your property or your organization's property. These Terms do not transfer ownership of Your Content to Highbay.

License to us. By submitting Your Content, you grant Highbay a limited, non-exclusive, royalty-free license to store, process, transmit, and display Your Content solely as necessary to provide the service to you. This license terminates when you delete the content or close your account (subject to retention periods required by law).

Your representations. You represent and warrant that: (a) you have the right to upload Your Content and to grant us the above license; (b) Your Content does not infringe any third-party intellectual property rights; and (c) Your Content complies with these Terms and all applicable laws.

No AI training. We do not use Your Content to train AI models, and we do not permit our AI sub-processors to use Your Content for model training. See Privacy Statement Section 4 for additional detail.

9. Microsoft 365 Integration

The optional Microsoft 365 integration connects to your Microsoft account using delegated OAuth permissions. Your use of Microsoft products and services (including OneDrive and SharePoint) is governed by your agreement with Microsoft, not by these Terms.

Highbay is not responsible for Microsoft service outages, permission changes made by your Microsoft tenant administrator, or data loss arising from Microsoft's systems. You can revoke our access at any time from your Microsoft account or from /account/integrations.

10. Third-Party Services

The portal integrates with Anthropic (AI inference), Clerk (authentication), Stripe (records of former subscriptions), Microsoft (OneDrive / SharePoint), Vercel (hosting), and Supabase (database). Each of these providers has its own terms and privacy policy that applies to data they process on your behalf. We are not responsible for the acts or omissions of these third parties.

The portal may also contain links to third-party websites or resources. We do not endorse and are not responsible for the content, privacy practices, or accuracy of any third-party sites.

11. Confidentiality

Each party may receive Confidential Information from the other during the course of the service relationship. "Confidential Information" means any non-public information disclosed by one party that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.

Each party agrees: (a) to use the other's Confidential Information only as necessary to exercise rights or fulfill obligations under these Terms; (b) to protect it using at least the same care as it uses for its own confidential information, but no less than reasonable care; and (c) not to disclose it to third parties except as permitted by these Terms or as required by law.

This obligation does not apply to information that is or becomes publicly known through no breach of these Terms, was rightfully known before disclosure, or is independently developed without use of the disclosing party's Confidential Information.

12. Intellectual Property

Highbay and its licensors own all right, title, and interest in and to the Logistics Portal, including its software, algorithms, design, knowledge base content, and trademarks. These Terms do not transfer any of that ownership to you.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the service for your internal business purposes.

13. Termination

Termination by you. You may stop using the service at any time. From /account you can export your workspace data, delete it, or delete your account; deleting your account deletes your personal workspace data.

Termination by us. We may suspend or terminate your account immediately, without prior notice, if you materially breach these Terms (including the Acceptable Use policy), or if continuing the service would violate applicable law. We will provide reasonable notice and an opportunity to cure a breach where practicable.

Effect of termination. On termination, your license to use the service ends. Provisions of these Terms that by their nature should survive (including Sections 7, 11, 12, 14, 15, 16, and 18) will continue to apply.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HIGHBAY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED 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 from security vulnerabilities. We do not warrant the accuracy, completeness, or usefulness of any content produced by the service, including AI-generated output.

No uptime or backup guarantee. The service is free and we do not guarantee its availability or keep backups on your behalf. Do not store confidential client data in the service, and keep your own copy of anything you rely on using the export on your account page.

The service is not a substitute for licensed professional engineering judgment. Estimation tools, AI output, and knowledge base content are informational aids intended to support, not replace, qualified professionals. Any decisions involving structural design, equipment selection, permitting, or safety must be reviewed and approved by a licensed engineer or qualified professional in the relevant jurisdiction.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIGHBAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL HIGHBAY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF: (A) THE FEES YOU PAID TO HIGHBAY IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) US $100.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, the above limitations apply to the fullest extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Highbay and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the service in violation of these Terms; (b) Your Content; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

17. Modifications to Terms

We may modify these Terms at any time. For material changes, we will provide at least 30 days' advance notice by emailing your account address or posting a prominent notice in the portal. The "Last updated" date at the top of this page reflects the most recent revision.

Your continued use of the service after the effective date of a material change constitutes your acceptance of the revised Terms. If you do not agree to the changes, you may cancel your account before the effective date.

18. Governing Law and Disputes

Governing law. These Terms are governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict-of-laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. We prefer to resolve disputes informally. Before filing any formal proceeding, you agree to contact us at the address in Section 20 and give us 30 days to attempt resolution. Many issues can be resolved quickly through a conversation.

Venue. If informal resolution fails, disputes shall be resolved exclusively in the state or federal courts located in Marion County, Indiana, and each party consents to personal jurisdiction there and waives any objection based on inconvenient forum.

19. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Statement and any order form or Data Processing Addendum, constitute the entire agreement between you and Highbay regarding the service and supersede all prior agreements on the same subject.
  • Severability. If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable; the remaining provisions remain in full force.
  • Assignment. You may not assign your rights under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of substantially all assets, with notice to you.
  • No waiver. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
  • Electronic signatures. You agree that electronic acceptance of these Terms (including clicking "agree" or using the service after notice of updated Terms) constitutes a valid and binding signature.
  • Force majeure. Neither party is liable for delays or failures caused by events outside its reasonable control, including natural disasters, government actions, or third-party infrastructure failures.

20. Contact

For legal notices, contractual correspondence, or disputes:

Applied Continuity LLC
Attn: Legal
6101 N Keystone Ave, Suite 100 PMB 1326
Indianapolis, IN 46220
United States
Email: legal@highbay.io

For privacy questions, see the Privacy Statement. For security questions, email security@highbay.io. For general support, use /contact.