Terms of Service
Last updated: 2026-05-16
By using the Highwater Engagement Management Platform (“Highwater”, “we”, “us”, “the Service”), you agree to these terms. Read them before you sign in.
1. Service description
Highwater is an agency operations platform. It provides project management, client request intake, time tracking, file sharing (via Google Drive), internal messaging, and a client portal in a single integrated workspace.
2. Eligibility
You must be at least 18 years old and using the Service for a legitimate business purpose. If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that entity to these terms.
3. Account responsibility
Keep your credentials secret. Do not share your password or allow others to use your account. Notify us immediately at legal@masking.com if you suspect unauthorized access. You are responsible for activity that happens under your account until you notify us.
4. Acceptable use
You agree not to:
- Upload or transmit malicious content, malware, or exploits.
- Scrape, mirror, or otherwise programmatically extract data from the Service except through our documented API.
- Attempt to bypass rate limits, quotas, or access controls.
- Impersonate another person, organization, or Highwater itself.
- Use the Service to violate any applicable law or regulation.
5. User content ownership
You retain all rights to the content you upload, post, or create. You grant Highwater a worldwide, non-exclusive, royalty-free license to host, display, and process that content solely to provide the Service to you. The license terminates when you delete the content or when we hard-delete your account per the Privacy Policy.
6. Payment
The Service is provided on a monthly subscription basis. Exact pricing is set in your order form (pricing details TBD — contact us at legal@masking.com for current rates). Fees are billed monthly in advance and non-refundable except as required by law.
7. Termination
You may cancel your subscription at any time; the cancellation takes effect at the end of the current billing period. We may suspend or terminate accounts that materially violate these terms after providing reasonable notice (except where immediate action is required to protect the Service or other users). After cancellation, your account data is soft-deleted immediately and hard-deleted within 30 days in line with the Privacy Policy.
8. Disclaimers
The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements.
9. Limitation of liability
To the maximum extent permitted by law, our aggregate liability arising out of or related to the Service is capped at the total fees you paid us in the 12 months preceding the event that gave rise to the claim. We are not liable for indirect, incidental, consequential, special, or exemplary damages, including lost profits or lost data, even if advised of the possibility.
10. Indemnification
You agree to indemnify and hold harmless Highwater, its officers, and its employees from any claim arising out of (a) your misuse of the Service, (b) your violation of these terms, or (c) your violation of any third-party right, including intellectual property rights.
11. Governing law
These terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Disputes will be resolved in the state or federal courts located in Delaware. (Placeholder — replace with the actual state of incorporation if Highwater is incorporated elsewhere.)
12. Changes to these terms
We may update these terms from time to time. Material changes will be announced at least 30 days in advance via email to your account address and an in-app notice. Continuing to use the Service after a material change takes effect constitutes acceptance of the revised terms.
13. Contact
Questions about these terms, contract negotiation, or anything else legal: legal@masking.com.