Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") are a legal agreement between you and Whitehorn Ltd. Co. ("Whitehorn Ltd. Co.," "we," "us," or "our"), an Oklahoma limited liability company located at 3963 S Highway 97 #214, Sand Springs, OK 74063. They govern your use of our website at whitehorn.ltd (the "Site") and your use of the Triton RPG Independent tier subscription (the "Independent Tier").

By using the Site, or by purchasing, activating, or using the Independent Tier, you agree to these Terms. If you do not agree, do not use the Site or the Independent Tier.

If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

1.1 What These Terms Do Not Cover

Enterprise licenses for Triton RPG are governed by a separate written agreement signed by both parties, not by these Terms. Professional services, assessments, and modernization engagements are governed by a separate statement of work. Other Whitehorn Ltd. Co. products may be governed by their own license terms or order forms. Where a separate signed agreement or order form conflicts with these Terms, that agreement controls for the product or service it covers.

Our collection and use of personal information is described in our Privacy Policy.

2. The Site

2.1 Permitted Use

You may view and use the Site for your own informational and business purposes. You may not use the Site in any manner that violates applicable law, interferes with its operation, attempts to gain unauthorized access to any system, or scrapes or harvests content at a scale that burdens our infrastructure.

2.2 Intellectual Property

The Site, and all content on it including text, graphics, diagrams, code samples, logos, and the arrangement of that content, is owned by Whitehorn Ltd. Co. or its licensors and is protected by copyright, trademark, and other laws. DR DOS is a registered trademark of Whitehorn Ltd. Co. Triton is a trademark of Whitehorn Ltd. Co. Nothing on the Site grants you a license to use our trademarks.

You may quote or reference Site content with attribution. You may not republish substantial portions of it as your own.

2.3 Accuracy and Availability

Site content is provided for general information. It does not constitute legal, financial, procurement, or engineering advice, and it does not create a professional relationship between us. Technical descriptions, benchmark figures, and capability statements describe our products under the conditions we tested. Results in your environment may differ. We may change, suspend, or discontinue the Site at any time.

2.4 Third-Party Links

The Site links to third-party websites and services we do not control. We are not responsible for their content, practices, or availability.

3. Triton RPG Independent Tier License

This section governs the Independent Tier subscription. It does not govern Enterprise licenses.

3.1 Definitions

• "Compiler" means the Triton RPG compiler and any accompanying tooling, documentation, and updates made available to you under the Independent Tier.
• "Named User" means the single individual identified to us by full name and email address at the time of purchase, who is the only person licensed to operate the Compiler.
• "Seat" means one authorized activation of the Compiler, bound to one machine.
• "Your Source" means RPG source code and related artifacts you submit to the Compiler, whether owned by you or by a client on whose behalf you are working.
• "Runtime Library" means the Whitehorn Ltd. Co. runtime library and any supporting components that Output requires in order to execute.
• "Our Software" means the Compiler, the Runtime Library, and any other software, library, tool, or component we make available to you, together with all code we publish under the ltd.whitehorn namespace or any successor or related namespace. The ltd.whitehorn namespace is ours generally and is not limited to the Runtime Library.
• "Output" means the JVM bytecode, class files, archives, and other artifacts the Compiler produces from Your Source. Output does not include the Runtime Library, even where the Runtime Library is packaged together with Output in the same archive or installer.

3.2 License Grant

Subject to these Terms and to payment of the applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable license, for the duration of your paid subscription, for the Named User to operate the Compiler on one Seat to compile Your Source.

The Compiler is licensed, not sold. We and our licensors retain all right, title, and interest in the Compiler and in all intellectual property embodied in it.

3.3 Eligibility and the Revenue Limit

The Independent Tier is available only where gross revenue did not exceed five hundred thousand United States dollars ($500,000) in either of the following periods:

• The current calendar year, measured from January 1 through the present date; or
• The calendar year immediately preceding the current calendar year.

Gross revenue means all revenue from all sources, before expenses. Where you license on behalf of an organization, it means the combined gross revenue of that organization and of any parent, subsidiary, or entity under common control with it. Where you license as an individual, it means the gross revenue of your business activity. You represent that you meet this limit when you subscribe and at each monthly renewal.

Do not purchase if you exceed the limit. If gross revenue exceeded $500,000 in the current calendar year to date, or in the preceding calendar year, you are not eligible for the Independent Tier and must not purchase it. Except with our prior written consent, no new Independent Tier subscription may be entered into by any person or organization that exceeds the limit, including one that previously held an Independent Tier subscription and cancelled it. Enterprise licensing is available at any revenue.

If you cross the limit while subscribed. If you met the limit when you subscribed and later exceed it, you must do one of the following:

• Cancel your subscription before your next monthly renewal date, and stop all use of the Compiler on that date; or
• Contact us at hello@whitehorn.ltd. You may then continue to use the Compiler for sixty (60) days from the date you contact us, while the parties negotiate an Enterprise license in good faith. If no Enterprise agreement is signed within that period, your Independent Tier license terminates and you must stop all use of the Compiler. We may extend this period in writing.

If you do neither. Continuing to use the Compiler after you have exceeded the limit, without either cancelling or contacting us as described above, is a material breach. We may terminate your license under Section 5, and you will pay us the difference between the Independent Tier fees you paid and our then-current Enterprise fees for a comparable deployment, for each month in which you used the Compiler while ineligible.

Verification. We may ask you to confirm in writing that you meet the revenue limit, no more than once in any twelve month period. You will respond within fifteen (15) days. We will treat your response as your confidential information under Section 6.

Crossing the revenue limit does not affect Output you have already compiled. Section 3.9 and Section 3.10 continue to apply, so Output remains yours and your recipients keep their Runtime Library license, whatever happens to your subscription.

3.4 The Named User

The Independent Tier license is personal to the Named User. Only the Named User may operate the Compiler. You may not share credentials, activation keys, or Seat access with any other person, including employees, contractors, colleagues, or clients.

The Named User may not be changed by substitution. If the licensed individual changes, the subscription must be cancelled and a new subscription purchased for the new individual, unless we agree otherwise in writing.

You may compile source code belonging to your clients. What you may not do is let anyone other than the Named User operate the Compiler.

3.5 Seats and Machine Activation

The Independent Tier includes one Seat. The Compiler counts and enforces Seats technically by binding each activation to a machine identifier generated on the machine where the Compiler is installed.

If you replace, reimage, or retire your machine, you may ask us to release the Seat so it can be reactivated elsewhere. We grant these requests as a courtesy, at our discretion, and we may decline or limit requests that appear intended to circumvent the one-Seat limit. We may adopt and publish a standard allowance for how often a Seat may be released.

3.6 Restrictions

You may not:

• Permit any person other than the Named User to operate the Compiler.
• Expose the Compiler, or any interface, wrapper, endpoint, or front end to it, to the internet or to any third party.
• Offer compilation to others as a service, hosted or otherwise, whether or not for a fee.
• Operate the Compiler autonomously. Each use must be initiated and directed by the Named User. You may not configure the Compiler to run unattended, on a schedule, in response to events, or under the control of an automated agent or pipeline that acts without the Named User's direction.
• Circumvent, disable, or interfere with Seat counting, machine binding, license validation, or any other technical measure in the Compiler.
• Reverse engineer, decompile, or disassemble the Compiler, except to the extent applicable law expressly permits despite this restriction.
• Copy, rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Compiler or your license to it.
• Remove or obscure any copyright, trademark, or proprietary notice in the Compiler or its Output.
• Use the Compiler to develop a competing compiler or translation product.

3.7 Hosted Compilation and Your Source

The Independent Tier compiles in our hosted environment. When you compile, Your Source is transmitted over an encrypted connection to our servers, compiled, and returned to you as Output.

We do not retain Your Source after a compilation completes. We do not use Your Source to train machine learning models, and we use it only to perform the compilation you requested. We treat Your Source as your confidential information. Section 3.8 describes the limited diagnostic information we capture when a compilation fails.

Because the Independent Tier requires transmitting Your Source to us, it is not suitable for source code that is subject to a client agreement, security plan, regulation, or classification that prohibits it from leaving your network. If you are subject to any such restriction, the Enterprise tier installs on your own hardware and compiles entirely offline. You are responsible for confirming that your use of the Independent Tier is permitted by any agreement or policy that applies to Your Source.

3.8 Diagnostics and Crash Reports

When a compilation fails or the Compiler encounters an internal error, we may capture diagnostic information about that failure so that we can identify and correct defects. Diagnostic information may include error messages, stack traces, internal compiler state, and structural metadata about the program being compiled.

We make best efforts to keep diagnostic information free of identifying markers and free of Your Source. This is a best-efforts practice and not a guarantee, and we make no service level commitment regarding it. Diagnostic information is used only to diagnose and correct defects in the Compiler. It is not used to train machine learning models, and it is not shared with third parties other than subprocessors bound to confidentiality who assist us in operating or debugging the Compiler.

3.9 Ownership of Output

You own Your Source and you own the Output. We claim no rights in either. The Runtime Library is not Output. It remains ours and is licensed to you and to your recipients under Section 3.10.

Your right to run, copy, modify, deploy, and distribute Output produced during your subscription is perpetual and irrevocable. It survives expiration, cancellation, and termination of these Terms and of your license, including termination for breach. There is no runtime fee and no continuing license obligation for Output you have already compiled.

Your license to operate the Compiler does not survive. When your subscription ends, you must stop using the Compiler and remove it from your machine. Output already produced is unaffected.

3.10 The Runtime Library

Output produced by the Compiler requires the Runtime Library in order to execute. The Runtime Library is our intellectual property. We retain all right, title, and interest in it, including in its structure, namespaces, and branding. It is licensed, not sold, and it is not part of the Output you own.

Your license. We grant you a perpetual, irrevocable, worldwide, royalty-free license to reproduce and distribute the Runtime Library, in unmodified form, together with Output you compile, for the purpose of running that Output. You may package the Runtime Library inside a combined archive, container image, or installer alongside your application, provided the Runtime Library itself is not altered.

License to recipients. We grant each person who receives Output you distribute a perpetual, irrevocable, worldwide, royalty-free license to use, run, and further distribute the Runtime Library, in unmodified form, for the purpose of operating Output compiled by the Compiler. This license is granted by us directly to those recipients, who are intended third-party beneficiaries of it. It does not depend on your subscription, and it survives the expiration or termination of your license and of these Terms, including termination for breach. Your clients and their end users do not lose the ability to run software you delivered to them because your subscription ended.

What is not permitted. Neither you nor any recipient may:

• Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or internal design of the Runtime Library, except to the extent applicable law expressly permits despite this restriction.
• Modify, patch, recompile, or otherwise alter the Runtime Library, or add functionality to it, or remove functionality from it.
• Rename, relocate, shade, repackage, obfuscate, minify, or strip the ltd.whitehorn namespace, or any other namespace, package name, class name, or symbol in Our Software, or remove or obscure any copyright notice, license notice, attribution, or trademark in it. This includes any build step whose effect is to remove or obscure the origin of Our Software or our branding, whether or not that is its stated purpose.
• Impose any additional term, condition, fee, or restriction on a recipient's use of the Runtime Library beyond those stated in this Section, or represent to a recipient that their rights in the Runtime Library are broader or narrower than this Section provides.
• Distribute the Runtime Library on its own, separately from Output, or offer it as a standalone or general-purpose library.

The restrictions in this Section apply to all of Our Software, not only to the Runtime Library, and to any documentation or other intellectual property we make available to you. The redistribution licenses granted in this Section apply only to the Runtime Library. They do not grant any right to reproduce or distribute the Compiler or any other part of Our Software.

3.11 Support and Availability

The Independent Tier includes email support on a best-effort basis. There is no service level agreement, no guaranteed response time, and no guaranteed resolution. Support is provided in English during our normal business hours.

Because the Independent Tier compiles in our hosted environment, your ability to compile depends on that service being available. We make no commitment as to availability. The service may be unavailable because of planned maintenance, unplanned outages, capacity limits, or the failure of infrastructure we do not control. We may suspend, throttle, or limit access where necessary to protect the service or other customers. We provide no service credits, refunds, or other remedy for unavailability or for the time it takes to restore service.

Output you have already compiled is not affected by any interruption. It runs on your own systems and does not depend on our service. Availability commitments, service level agreements, and fully on-premises operation are available only under an Enterprise agreement.

3.12 Updates and Changes to the Compiler

We may update the Compiler, and may add, change, or remove features. We may change which SQL backends and platforms are supported. We will not make a change that removes your ability to run Output already compiled.

4. Fees, Trial, and Billing

4.1 Free Trial

New Independent Tier subscriptions include a fourteen (14) day free trial. If you do not cancel before the trial period ends, your paid subscription begins automatically and the then-current fee is charged to your payment method. Trials are limited to one per individual and one per organization. We may withdraw or modify trial availability at any time.

4.2 Fees and Renewal

The Independent Tier is billed monthly in advance at the price published on our site at the time of purchase. Your subscription renews automatically each month until cancelled. Payment is by credit card, processed by our payment processor. We do not invoice Independent Tier subscriptions.

4.3 Cancellation

You may cancel at any time. Cancellation takes effect at the end of your current billing period, and you retain access to the Compiler until then.

4.4 Refunds

Fees are non-refundable, including for partial months, except where a refund is required by applicable law. The free trial exists so that you can evaluate the Compiler before you are charged.

4.5 Price Changes

We may change the Independent Tier price. We will give you at least thirty (30) days notice by email before a change applies to your subscription. If you do not accept the new price, cancel before it takes effect.

4.6 Taxes

Fees are exclusive of sales, use, VAT, and similar taxes. You are responsible for any such taxes other than taxes on our net income.

4.7 Failed Payment

If a payment fails, we may suspend access to the Compiler until payment is received. Output you have already compiled is unaffected.

5. Term and Termination

These Terms apply while you use the Site and for as long as your Independent Tier subscription is active.

We may suspend or terminate your license immediately if you breach these Terms, including any restriction in Section 3.6, if you no longer meet the eligibility requirement in Section 3.3, or if we are required to do so by law. Where the breach is capable of cure and was not intentional, we will normally give you notice and a reasonable opportunity to cure first.

On termination, your right to operate the Compiler ends and you must remove it from your machine. Section 3.9 (Ownership of Output), Section 3.10 (The Runtime Library), Section 6 (Confidentiality), Section 7 (Disclaimer), Section 8 (Limitation of Liability), Section 9 (Indemnification), and Section 11 (Governing Law) survive termination.

6. Confidentiality

We treat Your Source, and any non-public information about your systems that you share with us in the course of support, as your confidential information. We will not disclose it except to personnel and subprocessors who need it to provide the service and are bound to confidentiality, or where disclosure is required by law. If we are legally compelled to disclose it, we will give you notice where we are permitted to do so.

You will treat the Compiler, its documentation, and any non-public technical information we provide about it as our confidential information.

7. Disclaimer of Warranties

The Site and the Compiler are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Compiler will compile every RPG program, that it will be free of defects, that it will be available without interruption, or that Output will be suitable for any particular use. You are responsible for testing Output before you rely on it in production. Nothing in these Terms excludes a warranty that cannot lawfully be excluded.

8. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to these Terms, however caused and regardless of the theory of liability, even if advised of the possibility.

Our total aggregate liability arising out of or related to these Terms will not exceed the greater of the fees you paid us for the Independent Tier in the twelve (12) months preceding the event giving rise to the claim, or one hundred United States dollars ($100).

These limits do not apply to your obligations under Section 4 (Fees), your breach of Section 3.6 (Restrictions), or either party's liability for fraud, willful misconduct, or any liability that cannot lawfully be limited. Some jurisdictions do not allow certain limitations, in which case the limits above apply to the fullest extent those jurisdictions permit.

9. Indemnification

You will defend, indemnify, and hold harmless Whitehorn Ltd. Co. and its officers, members, and employees from any third-party claim, and any resulting loss, damage, liability, cost, and reasonable attorneys' fees, arising out of your use of the Compiler in breach of these Terms, your submission of source code you did not have the right to submit, or your breach of an agreement with a client or employer regarding the handling of that source code.

10. Export Control

The Compiler and its Output may be subject to United States export control and sanctions laws. You may not use, export, or re-export the Compiler in violation of those laws, and you represent that you are not located in, and are not a national of or controlled by, a country or party subject to United States embargo or restriction.

11. Governing Law and Disputes

These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or related to these Terms will be brought exclusively in the state or federal courts located in Tulsa County, Oklahoma, and each party consents to the personal jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Before filing a claim, each party agrees to contact the other and attempt in good faith to resolve the dispute informally for thirty (30) days.

12. Changes to These Terms

We may update these Terms. Changes are posted on this page with a new effective date. For material changes affecting an active Independent Tier subscription, we will give you at least thirty (30) days notice by email. Your continued use of the Site or the Compiler after changes take effect constitutes acceptance. If you do not accept a change, cancel your subscription before it takes effect.

13. General

Entire Agreement. These Terms, together with our Privacy Policy and any order or checkout confirmation, are the entire agreement between us regarding the Site and the Independent Tier, and supersede any prior understanding on that subject.

Assignment. You may not assign these Terms or your license without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary to make it enforceable, and the remaining provisions stay in effect.

No Waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.

Force Majeure. Neither party is liable for a delay or failure to perform caused by circumstances beyond its reasonable control.

Relationship. These Terms do not create a partnership, joint venture, agency, or employment relationship.

Notices. We may send notices to the email address associated with your subscription. You may send notices to the address below.

14. Contact

Questions about these Terms, Seat releases, or moving to an Enterprise license:

Whitehorn Ltd. Co.
3963 S Highway 97 #214
Sand Springs, OK 74063
hello@whitehorn.ltd