Terms of Service

Effective Date: April 6, 2026  |  Last Revised: April 6, 2026

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL INCORPORATED POLICIES. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 16, WHICH AFFECT YOUR LEGAL RIGHTS.

1. Definitions

In these Terms of Service ("Terms" or "Agreement"), the following definitions apply:

2. Eligibility & Account Registration

2.1 Eligibility

You must be at least eighteen (18) years of age and have the legal capacity to enter into binding agreements to use the Platform. If you are using the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" shall refer to that entity.

2.2 Account Creation

To access certain features of the Platform, you must create an account by providing accurate, current, and complete information. You agree to promptly update your account information to keep it accurate and current.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You accept full responsibility for all activities that occur under your account, whether or not authorized by you. You must notify us immediately at security@harmoniasolutions.ai upon becoming aware of any unauthorized access to or use of your account. We shall not be liable for any loss or damage arising from your failure to safeguard your credentials.

3. Description of Services

3.1 Core Services

Subject to your compliance with these Terms and payment of applicable fees, Harmonia grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform during the Subscription term. The Services include:

3.2 Service Modifications

We reserve the right to modify, update, or discontinue any feature or aspect of the Services at any time. For material changes that reduce core functionality, we will provide at least thirty (30) days' prior notice via email or through the Platform. Continued use after such notice constitutes acceptance of the modifications.

4. Subscription Plans, Fees & Payment

4.1 Subscription Plans

Access to the Platform is offered through tiered subscription plans as described on our pricing page. Each plan specifies the features, usage limits, and pricing applicable to your Subscription.

4.2 Billing

Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are quoted in United States Dollars (USD). Payment is due on the billing date indicated in your account. We may use third-party payment processors (e.g., Stripe) to process your payments; your use of such processors is subject to their terms and privacy policies.

4.3 Price Changes

We may change Subscription pricing upon thirty (30) days' prior written notice. Price changes will take effect at the start of the next billing cycle following the notice period. If you do not agree to a price change, you may cancel your Subscription before the new pricing takes effect.

4.4 Taxes

All fees are exclusive of applicable taxes, levies, and duties. You are responsible for paying all such taxes associated with your Subscription, excluding taxes based on Harmonia's net income.

4.5 Late Payment & Suspension

If payment is not received within seven (7) days of the due date, we may: (a) assess a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance; (b) suspend your access to the Platform until payment is received; or (c) terminate your Subscription in accordance with Section 13. Suspension does not relieve you of your payment obligations.

4.6 Refund Policy

All fees are non-refundable once paid, except: (a) where required by applicable law; (b) if we materially breach these Terms and fail to cure the breach within thirty (30) days of written notice; or (c) if we terminate your account without cause. Pro-rated refunds will not be issued for partial months of service.

5. Acceptable Use

You agree to use the Platform solely for lawful purposes and in compliance with these Terms. You shall not, and shall not permit any third party to:

Violation of this Section may result in immediate suspension or termination of your account, without prejudice to any other rights or remedies available to Harmonia.

6. Telecommunications Compliance

6.1 TCPA Compliance

You acknowledge that the Platform facilitates voice calls and SMS communications that are subject to the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations (collectively, "TCPA"). You represent and warrant that:

6.2 CAN-SPAM Compliance

For email communications sent through the Platform, you agree to comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), including but not limited to: using accurate header information, providing a clear opt-out mechanism, honoring opt-out requests within ten (10) business days, and identifying messages as advertisements where required.

6.3 State Regulations

You are solely responsible for compliance with any state-level telecommunications, consumer protection, or privacy laws applicable to your use of the Platform, including but not limited to state mini-TCPA statutes, state Do Not Call laws, and call recording consent requirements (including two-party consent states).

6.4 Indemnification for Communications Violations

You shall indemnify, defend, and hold harmless Harmonia from and against any and all claims, damages, fines, penalties, settlements, and expenses (including reasonable attorneys' fees) arising from or related to your violation or alleged violation of the TCPA, CAN-SPAM, or any applicable telecommunications or consumer protection laws.

7. Intellectual Property

7.1 Harmonia IP

The Platform, including all software, code, algorithms, AI models, voice profiles, user interface designs, graphics, text, trademarks, service marks, trade names, logos, and all other intellectual property embodied in or associated with the Platform (collectively, "Harmonia IP"), is owned by or licensed to Harmonia and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Harmonia IP except the limited license expressly set forth in Section 3.1.

7.2 User Content Ownership

As between you and Harmonia, you retain all right, title, and interest in and to your User Content. By using the Platform, you grant Harmonia a limited, non-exclusive, royalty-free, worldwide license to use, process, store, transmit, and display your User Content solely as necessary to provide and improve the Services. This license terminates upon deletion of your User Content or termination of your account, except to the extent retention is required by law or permitted under our Privacy Policy.

7.3 Feedback

If you provide us with suggestions, ideas, enhancement requests, or other feedback regarding the Platform ("Feedback"), you hereby assign to Harmonia all right, title, and interest in and to such Feedback, and Harmonia shall be free to use, incorporate, and commercialize such Feedback without restriction or obligation to you.

7.4 Aggregated & De-Identified Data

Harmonia may create aggregated, anonymized, or de-identified data derived from your use of the Platform ("Aggregated Data"). Aggregated Data does not identify you or any individual. Harmonia owns all right, title, and interest in Aggregated Data and may use it for any lawful purpose, including product improvement, benchmarking, and industry analysis.

8. Third-Party Integrations

The Platform integrates with third-party services including, without limitation, Google Calendar, ServiceTitan, GoHighLevel, Twilio, SendGrid, Vapi, ElevenLabs, Airtable, and Cal.com. Your use of these integrations is subject to the following conditions:

9. Service Level & Availability

9.1 Uptime Target

Harmonia targets 99.9% uptime for the Platform, measured on a monthly basis, excluding scheduled maintenance windows. This is a target, not a guarantee or warranty.

9.2 Scheduled Maintenance

We will provide at least twenty-four (24) hours' prior notice of planned maintenance that may result in service interruption. We will use commercially reasonable efforts to schedule maintenance during off-peak hours (between 12:00 AM and 6:00 AM Eastern Time).

9.3 Exclusions

Uptime calculations exclude downtime caused by: (a) scheduled maintenance; (b) force majeure events (see Section 18); (c) third-party service outages; (d) your equipment, software, or network connectivity; (e) your misuse of the Platform; or (f) circumstances beyond Harmonia's reasonable control.

10. Confidentiality

Each party agrees that all non-public information disclosed by the other party in connection with these Terms ("Confidential Information") shall be kept confidential and shall not be disclosed to any third party without the disclosing party's prior written consent, except: (a) to employees, contractors, or advisors who need to know such information and are bound by confidentiality obligations at least as protective as those in this Section; (b) as required by law, regulation, or court order, provided the receiving party gives prompt written notice to the disclosing party (to the extent legally permitted) and cooperates in any effort to obtain protective treatment; or (c) to the extent such information becomes publicly available through no fault of the receiving party.

11. Representations & Warranties

11.1 Mutual Representations

Each party represents and warrants that: (a) it has the legal right and authority to enter into these Terms; (b) these Terms constitute a valid and binding obligation; and (c) its performance under these Terms will not violate any applicable law or breach any agreement with a third party.

11.2 Your Representations

You additionally represent and warrant that:

12. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11, THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HARMONIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, HARMONIA MAKES NO WARRANTY THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; (E) THE VOICE AI WILL CORRECTLY IDENTIFY, CLASSIFY, OR RESPOND TO ALL CALLS; OR (F) THE LEAD SCORING, QUALIFICATION, OR ROUTING WILL BE ACCURATE IN ALL CASES.

YOU ACKNOWLEDGE THAT AI SYSTEMS MAY PRODUCE ERRORS, HALLUCINATIONS, OR INACCURATE OUTPUTS. HARMONIA SHALL NOT BE LIABLE FOR ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE ON AI-GENERATED CONTENT.

13. Limitation of Liability

13.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HARMONIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS; LOSS OF GOODWILL OR REPUTATION; LOSS OF DATA OR DATA RECONSTRUCTION COSTS; LOSS OF USE OR BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF HARMONIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARMONIA'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO HARMONIA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

13.3 Essential Purpose

The limitations of liability in this Section 13 shall apply even if any limited remedy set forth herein fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations set forth above shall apply to the fullest extent permitted by applicable law.

14. Indemnification

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Harmonia and its officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all third-party claims, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

14.2 Indemnification Procedure

Harmonia will: (a) promptly notify you of the claim (provided that failure to notify shall not relieve your obligation except to the extent you are materially prejudiced); (b) grant you sole control of the defense and settlement (provided you may not settle any claim that imposes liability on Harmonia or requires Harmonia to admit fault without our prior written consent); and (c) provide reasonable cooperation at your expense.

15. Termination

15.1 Termination by You

You may cancel your Subscription at any time by providing written notice to info@harmoniasolutions.ai. Cancellation will take effect at the end of your current billing cycle. You will retain access to the Platform until the end of the paid period. No pro-rated refunds will be issued for the remaining portion of a billing cycle.

15.2 Termination by Harmonia

Harmonia may suspend or terminate your account and access to the Platform:

15.3 Effect of Termination

Upon termination or expiration of your Subscription:

16. Dispute Resolution & Arbitration

16.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@harmoniasolutions.ai and attempt to resolve the dispute informally for at least thirty (30) days.

16.2 Binding Arbitration

IF INFORMAL RESOLUTION IS UNSUCCESSFUL, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE RESOLVED BY BINDING ARBITRATION administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by another mutually agreed-upon arbitration provider. The arbitration shall be conducted by a single arbitrator in the English language. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND HARMONIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall proceed in court.

16.4 Exceptions

Notwithstanding the foregoing, either party may: (a) seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information; or (b) bring claims in small claims court, if the claim qualifies.

16.5 Opt-Out

You may opt out of the arbitration agreement and class action waiver by sending written notice to legal@harmoniasolutions.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, account identifier, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, disputes will be resolved in accordance with Section 17.

17. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles. To the extent that the arbitration agreement in Section 16 does not apply, you and Harmonia irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, for the resolution of any disputes arising under these Terms.

18. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) to the extent such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, government actions or orders, labor disputes, power or telecommunications failures, cyberattacks, or failures of third-party service providers. The affected party shall provide prompt written notice and use commercially reasonable efforts to mitigate the impact and resume performance.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms, service level agreements, or other documents expressly incorporated by reference, constitute the entire agreement between you and Harmonia with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

19.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Harmonia's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, without our prior written consent. Any attempted assignment without such consent shall be void. Harmonia may assign these Terms freely in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.

19.5 Notices

All notices under these Terms shall be in writing and shall be deemed given: (a) when delivered personally; (b) when sent by confirmed email; or (c) one (1) business day after deposit with a nationally recognized overnight courier. Notices to Harmonia shall be sent to legal@harmoniasolutions.ai. Notices to you shall be sent to the email address associated with your account.

19.6 Independent Contractors

The parties are independent contractors. Nothing in these Terms shall be construed to create a joint venture, partnership, franchise, employment, or agency relationship between the parties.

19.7 Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person or entity other than the parties hereto and their permitted successors and assigns.

19.8 Headings

The section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

19.9 Electronic Acceptance

You acknowledge that by clicking "I Agree," creating an account, or otherwise accessing or using the Platform, you are entering into a legally binding agreement. Electronic records and electronic signatures shall have the same legal effect as physical records and handwritten signatures.

20. Contact Information

For questions about these Terms, contact:

Harmonia Solutions LLC
Legal Department
Email: legal@harmoniasolutions.ai
General: info@harmoniasolutions.ai