Harness’ contract set consists of online documents referenced from an Order Form. The Subscription Terms govern “access and use of the Harness’s AI native software delivery platform” and any professional services under a Statement of Work. They bind a customer that accepts them, places an online order, signs an Order Form that refers to them, or uses the platform.[1] The Products and License Unit Definitions page defines the License Unit of each Module, the Maintenance and Support Policy and SLA sets support terms, and the DevOps Essentials Usage Terms add definitions and overage prices for that bundle.[2][3][4]
Editions
Each plan carries a support level. The pricing page lists “standard support included” with Essentials, “community support” with Free, and “premier support + dedicated account manager” with Enterprise.[5] Support for paid subscriptions is described in the policy as standard or premier.[3] Plan-by-plan details are in Harness licensing.
Metrics
The contract does not add units of its own. It says that use of a Module “is subject to specific license metric and quantity limitations documented in the applicable Order Form”, each a License Unit, and that the customer’s use “must comply with the Documentation”.[1] The units are defined in Harness Developer 360 and License Units, Harness CD service licensing and Harness Cloud credits, Flex Pricing and overage. The row Module use is subject to the License Unit and quantity in the Order Form records the clause.
Counting / floors
Precedence. “If Customer and Harness Inc. (“Harness”) have a separate written license agreement for any Module, that agreement will control over this Agreement”, but pre-printed terms on a purchase order have no effect. Terms in business forms, purchase orders or quotes do not amend the agreement, other than Order Forms.[1] See A separate written licence agreement controls over the Subscription Terms.
Use rights and restrictions. The customer may use Modules for its internal business purposes during the Order Form Term. It must not “resell or sublicense the Harness Platform (in whole or part), grant non-Users access to the Harness Platform, or use the Harness Platform to provide a hosted or managed service”, reverse engineer or copy it, conduct security or vulnerability tests, or use it to develop a competing product.[1] Users are employees and contractors of the customer and its Affiliates. If the customer bought an unlimited number of License Units, each Affiliate that will use the platform must be named on the Order Form, and Affiliates may enter their own Order Forms.[1] Rows: Customers may not resell, sublicense or run a managed service on the Platform, Users are employees and contractors of the customer and its Affiliates and Affiliates must be named when unlimited License Units are bought.
Excess use and verification. “Harness may verify Customer’s usage by requiring that Customer provide reasonable documentation evidencing current usage, which Harness may confirm using usage data from the Platform.” If the customer exceeds License Units, it “will be invoiced for such excess usage at the then current License Unit rate(s)” and must enter a new Order Form that is co-terminous with the existing one or starts a new term. For Flex Pricing only, overage paid previously is credited against the new Order Form for the overlapping period, with any excess credited to future invoices but not refunded. “If no remedial action is taken within 30 days, Harness may invoice Customer and Customer will pay for the Overage.”[1] The License Unit Definitions page adds that excess use is billed at the end of the month in which it occurs.[2] See Harness may verify usage and invoice excess use at current rates and Overage is invoiced after thirty days without remedial action.
Suspension. Harness may suspend access for a Suspension Event, which includes an account that is 30 days or more overdue, a breach of the acceptable use or restrictions clauses, exceeding “the permitted License Units for 30 or more days”, or use that risks material harm. Where practicable Harness gives prior notice.[1] See Exceeding License Units for 30 days is a Suspension Event.
Fees. Unless stated otherwise, fees are due within 30 days of invoice, late payments may incur 1.5% monthly interest or the legal maximum, and payments are nonrefundable except as the agreement states. Taxes are the customer’s responsibility. Invoice disputes must be raised within the payment period.[1] Row: Fees are due in 30 days, late payments bear 1.5% monthly and are nonrefundable.
Term and renewal. Each Order Form Term “will renew for the same Order Form Term length unless (a) the parties agree otherwise or (b) either party gives at least 30 days’ notice before the current term ends”. The agreement continues until the end of all Order Form Terms and may terminate when none is in effect for 60 consecutive days. Either party may terminate for uncured material breach after 30 days.[1] See Order Form Terms renew for the same length unless notice is given 30 days before.
Data on exit. The customer may export its data on request within 30 days of termination or expiry, and Harness deletes Customer Data within 30 days of request.[1]
Virtualization & partitioning
The Subscription Terms contain no rules about hosts, cores or virtual machines. Counting follows the module-specific License Unit.[2]
Cloud / BYOL
The Subscription Terms cover both the hosted platform and Software distributed for local installation. Use of any third-party open source included in distributed Software follows the applicable open source licence “to the extent required by such Open Source license”.[1] Sections 3 and 4 of the Maintenance and Support Policy (maintenance and availability) apply only to the SaaS version, not to an on-premises version.[3] Harness Open Source and the self-managed edition are in Harness Open Source and editions.
Programs
- Excess use and overage billing. See above, and the overage rates in the cloud credits article.[1][4]
- Trials and Betas. Free, trial, beta and early-access use is “for evaluation only”, may be modified, limited, discontinued or transitioned to a paid Module, and carries no warranties, indemnities, SLAs or support. The agreement caps Harness’ liability for trials and betas at USD 1,000.[1] Row: Trials and betas may be converted to paid modules and carry a USD 1,000 liability cap.
- Sales Partner purchase. The customer pays the partner, “the Sales Partner’s order with Harness constitutes the applicable Order Form for the purposes of fees, usage scope, and Professional Services”, only the Subscription Terms govern use, and Harness may suspend access if the partner is not paid.[1] Row: Partner purchases are paid to the Sales Partner and its order is the Order Form.
- Standard and premier support. The support summary table lists standard as 9x5 during Business Hours with two named admins and premier as 24/7 with phone or Zoom support, post-incident reports and support for everyone. Business Hours are Monday to Friday, 9am to 5pm Pacific, excluding major US holidays. Target Up Time for SaaS is 99.5% for standard and 99.8% for premier, measured quarterly per module.[3] The Feature Flags documentation describes standard support as “8am to 5pm PST”, which differs from the policy.[6] Response times for Urgent errors are 2 business hours (standard) and 1 hour (premier), and for Low errors 2 business days and 24 hours.[3]
- Service credits. If availability falls below target, the customer is eligible for a credit of 5%, 10%, 25% or 50% of the quarterly licence fees depending on how far availability fell. The customer must submit a ticket within 15 days after the quarter ends, and the credit “is Customer’s sole and exclusive remedy” for missing the target.[3] Rows: Target Up Time is 99.5% for standard and 99.8% for premier support and Standard support covers Business Hours and two authorized contacts.
- Amendments and assignment. Harness may modify the acceptable use policy, security measures and support terms, but “the modifications may not be retroactive or materially decrease Harness’s overall obligations during an Order Form Term”. Harness may assign the agreement in a merger, acquisition or asset transfer, and neither party may otherwise assign without consent.[1] See Harness may modify policies but not retroactively or to reduce obligations and Harness may assign the agreement in a merger or acquisition.
- AI features. Input and Output are Customer Data, and Harness “may not use Customer Data to (i) train or improve any third party models; or (ii) improve Harness AI”.[1] Row: Harness may not use Customer Data to train third-party models or improve Harness AI.
- Governing law. California law governs. US customers litigate in the federal and state courts in San Francisco, and customers outside the United States resolve disputes by International Chamber of Commerce arbitration in San Francisco.[1] Each party’s aggregate liability is capped, in capitals in the text, at the amounts paid or payable in the 12 months before the first incident, subject to exceptions listed in the agreement.[1] Row: California law governs; non-US customers arbitrate with the ICC in San Francisco.
Audits and compliance
The Subscription Terms use verification by documentation and platform data rather than an on-site audit clause.[1] The account Subscriptions page and the Flex Pricing dashboard show consumption and usage alerts: Account Administrators are notified at 80%, 90% and 100% of an HSU pool.[7][8] Compliance review for Harness licences usually covers the following points.
- Whether the Developer count in the Order Form matches users with module permissions, and whether bots have Harness’ written consent.[2]
- Whether usage above License Units has persisted for 30 days, which is a Suspension Event, and whether a new Order Form has been signed.[1]
- Whether a separate signed licence agreement exists for a Module, which would override these online terms.[1]
- Whether the support level matches what each plan includes and whether service credits were claimed within 15 days of quarter end.[3]
Out of scope
- Signed Order Forms, enterprise agreements and statements of work, which are not public.
- The acceptable use policy, data processing addendum and security measures, which are not licensing documents.
- Legal advice on indemnification, warranty and limitation of liability clauses.