1. Acceptance of Terms

By accessing or using any products, services, applications, APIs, or websites provided by Harmony Intelligence Inc. ("Harmony," "we," "our," or "us") you ("you" or "User") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, all of which form a binding agreement between you and Harmony. If you do not agree, do not access or use the Services.

2. Eligibility and Authority

You must be at least 18 years old and able to form a legally binding contract to use the Services. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

3. Modifications to Terms or Services

We may revise these Terms or the Services at any time. Material changes will be posted on our website or communicated by email. Your continued use after changes become effective constitutes acceptance.

4. The Services

Harmony provides AI-enabled software that turns user-supplied recordings, data, and instructions into automated workflows, including web scraping, data enrichment, and task execution ("Services").

5. User Accounts and Security

• You must provide accurate account information and keep it updated.

• You are responsible for all activities under your credentials.

• Notify us immediately of any unauthorized use. We are not liable for any loss arising from unauthorized use.

6. License and Permitted Use

Harmony grants you a non-exclusive, non-transferable, revocable license to access and use the Services solely for lawful internal business purposes and in accordance with these Terms.

7. Prohibited Conduct

You agree not to:

• Violate any law, regulation, or third-party right (including scraping private data without permission).

• Use the Services to build a competing product or to reverse engineer Harmony software.

• Interfere with or disrupt the integrity or performance of the Services or third-party data sources.

• Introduce malware or attempt to gain unauthorized access to the Services or related systems.

• Use AI outputs to create or disseminate illegal or harmful content.

8. User Content and Data

• Ownership: You retain all rights in data, text, video, or other materials you provide ("User Content").

• License to Harmony: You grant Harmony a worldwide, royalty-free license to host, process, modify, and use User Content solely to provide, maintain, and improve the Services.

• Responsibility: You warrant that you have all rights necessary to supply User Content and that its use will not infringe any law or third-party right.

• Data Processing: Harmony may store and process User Content in the United States or other jurisdictions. You consent to such transfer and processing.

9. AI Output and Third-Party Data

• AI-generated content is probabilistic and may contain inaccuracies. Use it at your own risk and validate critical outputs independently.

• When the Services access third-party websites or data sources, you are solely responsible for compliance with those sites' terms and any applicable laws.

• Harmony does not guarantee the legality, accuracy, or completeness of third-party data.

10. Fees and Payment

If you have a paid plan, you agree to pay all fees in accordance with the pricing and billing terms presented to you. Fees are non-refundable except as required by law. Late payments may incur interest and suspension of Services.

11. Termination

Either party may terminate these Terms at any time for any reason by providing written notice. Upon termination, (a) your right to use the Services ceases, and (b) Sections 8-19 survive.

12. Proprietary Rights

The Services, including software, trademarks, logos, and all related intellectual property, are owned by Harmony or its licensors and are protected by U.S. and international laws. Except for the limited license in Section 6, no rights are granted to you.

13. Confidentiality

Any non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") is confidential. The Receiving Party will use the same care it uses for its own confidential information (not less than reasonable care) and will not disclose it except to employees and contractors who need to know and are bound by confidentiality obligations.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." HARMONY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. HARMONY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARMONY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. HARMONY'S TOTAL LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO HARMONY FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

16. Indemnification

You will indemnify, defend, and hold harmless Harmony and its officers, directors, employees, and agents from any claim, demand, loss, or damages arising out of or related to (a) your misuse of the Services, (b) your breach of these Terms, (c) your violation of any law or third-party right, or (d) User Content.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Mandatory Arbitration: Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will be held in Wilmington, Delaware. Class Action Waiver: All claims must be brought in the parties' individual capacities, not as a plaintiff or class member in any class or representative proceeding. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

18. Export and Sanctions Compliance

You will comply with all U.S. and international export laws and sanctions that apply to the Services and their use.

19. Miscellaneous

• Entire Agreement: These Terms, any Supplemental Terms, and the Privacy Policy constitute the entire agreement between the parties.

• Severability: If any provision is held unenforceable, the remainder will remain in effect.

• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign freely.

• Force Majeure: Harmony is not liable for failure to perform due to events beyond its reasonable control.

• Waiver: Failure to enforce any provision is not a waiver.

• Headings: Headings are for convenience and do not affect interpretation.

20. Contact

Questions about these Terms or the Services should be sent to:

Harmony Intelligence Inc.
ops@heyharmony.ai