Terms of Service

1. Agreement

These Terms of Service ("Terms") form a binding agreement between HararAI, an Australian business ("HararAI," "we," "us," or "our"), and the individual or entity accessing or using the HararAI platform ("Customer," "you," or "your"). By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

2. Description of the Service

HararAI is a software-as-a-service (SaaS) platform that provides AI-powered business tools, including but not limited to: a customer relationship management (CRM) system, an AI phone agent that answers and places calls on behalf of your business, appointment scheduling, pipeline management, a unified inbox for email/SMS/social DMs, marketing automation, social media publishing, ad campaign management, review management, invoicing, and usage analytics. We may add, modify, or remove features from time to time with reasonable notice.

3. Eligibility

• You must be at least 18 years old and legally capable of entering into a binding contract
• The Service is intended for business use; personal, non-commercial use is not permitted
• You must comply with all applicable laws, regulations, and third-party platform terms (including Meta Platform Terms, Google API Services User Data Policy, LinkedIn API Terms, Twilio Messaging Policy, etc.)

4. Your Account

• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account
• You must notify us immediately at security@hararai.com of any unauthorized access or security incident
• You must provide accurate, current, and complete information during registration and keep it updated
• You may invite team members to join your workspace. You are responsible for their compliance with these Terms

5. AI Features and Disclaimers

HararAI includes AI-powered features that are probabilistic by nature. By using these features, you acknowledge and agree that:

• AI can make mistakes. AI-generated responses, summaries, drafts, transcripts, and actions may contain errors, omissions, or misinterpretations. You should review AI outputs before relying on them for material business decisions
• Price quotes from the AI are ranges only. The AI phone agent may provide estimated price ranges based on the data you configure. These are not binding quotes. Final pricing is determined by you
• Call recording and disclosure. All AI-handled calls are recorded and transcribed. The AI discloses this to callers at the start of every call. You are responsible for complying with local call-recording laws in every jurisdiction where calls originate or are received
• Escalation. The AI will attempt to escalate to a human when it cannot adequately assist a caller, but escalation depends on your availability settings and team coverage
• Emergency matters. The AI is not a substitute for emergency services. If a caller reports an emergency (fire, medical, safety), they must contact emergency services directly
• No regulated professional advice. The AI does not provide medical, legal, financial, or other regulated professional advice

6. Your Data and Content

• Ownership. You retain all rights to the data and content you upload to or create in HararAI ("Customer Content"), including contacts, appointments, messages, recordings, transcripts, posts, and ad creatives
• License to us. You grant HararAI a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and adapt Customer Content solely for the purpose of operating and improving the Service for you
• No training without consent. We do not use your Customer Content to train generalized machine-learning models without your explicit, informed consent
• Portability. You can export your data at any time during the life of your subscription in a common machine-readable format
• No data sales. We do not sell, rent, or transfer Customer Content to third-party advertisers or data brokers

7. Subscriptions, Billing, and Refunds

• Subscriptions are billed monthly or annually in advance, depending on the plan you select
• Usage-based charges (AI call minutes, SMS messages, AI generation tokens, etc.) are deducted from a prepaid usage wallet. When the wallet is depleted, affected features may be paused until you add funds or auto-recharge triggers
• All payments are processed by Stripe, Inc. By subscribing, you also agree to Stripe's terms
• Taxes (GST, VAT, etc.) are charged where applicable based on your billing location
• We may change subscription pricing with at least 30 days' prior notice. Price changes take effect at your next renewal
• Unless required by law or explicitly stated, subscription fees are non-refundable. Unused usage wallet balances may be refunded at our discretion. Contact billing@hararai.com
• Failed payments: we will retry the payment automatically and notify you. If payment is not received within 14 days of invoice, we may suspend access until payment is resolved

8. Acceptable Use

You will not:

• Use the Service for any unlawful purpose or to violate any law
• Send unsolicited spam, bulk unsolicited messages, or political campaigning messages through the platform, or in any way that violates anti-spam laws (including the Australian Spam Act 2003, TCPA, CAN-SPAM, and equivalent laws)
• Violate the terms of any third-party platform you connect to HararAI (Meta Platform Terms, Google API TOS, LinkedIn API TOS, Twilio Messaging Policy, etc.)
• Attempt to gain unauthorized access to other customers' accounts or data, the underlying infrastructure, or the source code
• Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Service, except to the extent such restriction is prohibited by applicable law
• Use the AI agent to impersonate another person or entity, to make materially false or misleading representations, or to engage in fraud, deceptive marketing, or harassment
• Send messages that contain hate speech, incitement to violence, harassment, sexually explicit content involving minors, or material that infringes intellectual property rights
• Exceed reasonable usage limits or engage in conduct that materially degrades platform performance for other customers
• Circumvent rate limits, usage metering, or security controls

We may suspend or terminate accounts for material or repeated violations of this section, with or without notice as appropriate.

9. Third-Party Integrations

The Service connects to third-party platforms (Meta, Google, LinkedIn, Stripe, Twilio, QuickBooks, etc.) at your direction. Each third-party platform is governed by its own terms and privacy policies. HararAI is not responsible for the conduct, content, availability, or practices of any third-party platform. You are responsible for maintaining your accounts with those platforms and for complying with their terms.

10. Intellectual Property

• HararAI and all related trademarks, logos, software, documentation, UI designs, model prompts, workflows, and know-how are the exclusive property of HararAI or its licensors
• Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business operations during your subscription period
• Feedback you provide about the Service may be used by us without obligation or attribution to improve the platform

11. Privacy and Data Protection

Our Privacy Policy describes how we collect, use, and protect personal data. If you process personal data of your own customers through the Service and GDPR, UK GDPR, or equivalent privacy laws apply to your processing, we will enter into a Data Processing Agreement upon reasonable request.

12. Service Availability

We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance, third-party outages (telephony, AI providers, cloud infrastructure), and force-majeure events (natural disasters, major network outages, government actions) may cause downtime. We will make reasonable efforts to communicate major planned maintenance in advance.

13. Warranties and Disclaimers

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation
• We do not warrant that AI outputs are accurate, reliable, complete, or suitable for any particular purpose
• Nothing in these Terms excludes, restricts, or modifies any statutory rights or guarantees under the Australian Consumer Law (ACL) that cannot be excluded by agreement. Where the ACL applies and we cannot exclude it, our liability for breach of a non-excludable guarantee is limited (where permitted) to resupplying the Service or paying the cost of resupply

14. Limitation of Liability

To the maximum extent permitted by law:

• In no event will either party be liable for any indirect, incidental, special, consequential, or exemplary damages, including lost profits, lost revenue, lost business opportunity, or lost data, whether in contract, tort, negligence, or otherwise, even if advised of the possibility of such damages
• Our total aggregate liability to you for any claims arising out of or relating to the Service or these Terms, from all causes of action combined, is limited to the greater of (a) the fees you paid to HararAI in the 12 months preceding the event giving rise to the claim, or (b) AUD $100
• We are not liable for outcomes of AI actions, including missed appointments, incorrect information provided to callers, lost leads, or commercial decisions made in reliance on AI outputs
• We are not liable for loss or damage caused by a third-party platform's policies, outages, rate limits, deprecations, or termination of your account on their platform

15. Indemnification

You will indemnify, defend, and hold harmless HararAI, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of (a) your Customer Content, (b) your use of the Service in violation of these Terms or any law, (c) your violation of a third party's rights (including intellectual property and privacy rights), or (d) your violation of any third-party platform's terms.

16. Suspension and Termination

• You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; no prorated refunds are provided unless required by law
• We may suspend or terminate your account immediately if you materially breach these Terms, engage in abuse or fraud, create security or legal risks, or fail to pay fees when due
• Upon termination, your right to access the Service ends. Your Customer Content is retained for 30 days to allow export or reactivation, then permanently deleted, except where longer retention is required by law (e.g., tax records). You may request earlier deletion (see the Data Deletion Instructions)
• Sections that by their nature survive termination (including Intellectual Property, Limitation of Liability, Indemnification, Governing Law) will remain in effect

17. Changes to These Terms

We may modify these Terms from time to time. Material changes will be communicated by email or in-app notice at least 14 days before they take effect. Non-material changes (clarifications, typographical fixes) may take effect immediately. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-laws principles. You and HararAI submit to the exclusive jurisdiction of the courts of Victoria for any dispute arising out of or relating to these Terms, except that either party may seek injunctive or equitable relief in any competent court. The parties will first attempt to resolve disputes through good-faith negotiation for at least 30 days before commencing formal proceedings.

19. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any order form or plan terms, constitute the entire agreement between you and HararAI regarding the Service
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets
• Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control (natural disasters, war, terrorism, pandemics, regulatory action, major third-party outages)

20. Contact

Questions about these Terms? Contact us at support@hararai.com or, for legal matters, legal@hararai.com.