Terms of Use

1. Acceptance of Terms

By accessing or using HarkenAI ("the Service"), including our mobile applications, desktop application, website, and any related services, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and HarkenAI ("we," "us," or "our"). We may update these Terms from time to time, and your continued use of the Service after any changes constitutes acceptance of the revised Terms.

2. Description of Service

HarkenAI is an AI-powered meeting and conversation assistant that helps you capture, transcribe, and analyze your conversations. The Service includes:

• Audio recording and transcription of conversations
• AI-generated summaries, insights, and action items
• Contact management and relationship tracking
• Integration with third-party services (e.g., Notion)
• Email summaries and follow-up reminders

3. Eligibility

You must be at least 13 years of age to use the Service. By using HarkenAI, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Account Terms

You are responsible for maintaining the security of your account and password. HarkenAI is not liable for any loss or damage arising from your failure to maintain the security of your account.

You must provide accurate and complete information when creating an account. You may not use the Service for any illegal or unauthorized purpose.

You are responsible for all activity that occurs under your account, whether or not you have authorized such activity.

5. Recording Consent & User Responsibilities

You are solely responsible for complying with all applicable laws regarding the recording of conversations. Many jurisdictions require the consent of one or more parties before a conversation can be recorded. It is your obligation to:

• Inform all participants before recording any conversation
• Obtain any required consent before using the recording features
• Understand and comply with recording consent laws in your jurisdiction
• Use the Service in a manner consistent with all applicable local, state, national, and international laws

HarkenAI is not responsible for your failure to obtain proper consent or comply with applicable recording laws. You agree to indemnify us against any claims arising from your recording activities.

6. Acceptable Use

You agree not to use the Service to:

• Record conversations without proper consent
• Violate any applicable law, regulation, or third-party rights
• Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to send unsolicited communications or spam
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service in any manner that could damage, disable, or impair the Service

7. Intellectual Property

Our IP: The Service, including its design, features, code, and branding, is owned by HarkenAI and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our express written permission.

Your Content: You retain ownership of all content you create, upload, or record using the Service, including recordings, transcripts, and notes. By using the Service, you grant us a limited license to process your content solely for the purpose of providing and improving the Service.

8. AI Processing & Third-Party Services

The Service uses third-party AI providers to process your content:

• Deepgram for audio transcription
• OpenAI for generating insights, summaries, and action items
• Amazon Web Services (AWS) for secure cloud storage

These providers process your data in accordance with their respective privacy policies and data processing agreements. We do not permit these providers to use your data for training AI models.

AI-generated content (summaries, insights, action items) is provided for informational purposes only and may contain inaccuracies. You should not rely solely on AI-generated content for critical decisions.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in the Privacy Policy.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not guarantee the accuracy, completeness, or reliability of any AI-generated content, including transcriptions, summaries, and insights.

You acknowledge that audio transcription and AI analysis are inherently imperfect and may produce errors or omissions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARKENAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless HarkenAI and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including recording consent laws; or (d) your content.

13. Termination

You may terminate your account at any time by deleting your account through the app or contacting us. We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice.

Upon termination, your right to use the Service ceases immediately. We may delete your data in accordance with our Privacy Policy. Provisions of these Terms that by their nature should survive termination shall survive, including warranty disclaimers, limitation of liability, and indemnification.

14. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any modifications constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

16. Contact Us

If you have any questions about these Terms, please contact us:

Email: legal@harkenai.com

Website: www.harkenai.com