These Terms of Service (the “Terms”) govern your access to and use of the Harborne AI website, dashboard, APIs and related services (together, the “Service”). The Service is provided by Brainmart Global LLC (trading as Harborne AI), a company registered in Georgia, whose registered office is at 12 Rustaveli Avenue, Tbilisi 0108, Georgia (“we”, “us” or “our”).
By creating an account, starting a free trial, or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a business, you confirm that you have authority to bind that business, and “you” refers to that business.
Your acceptance of these Terms
By purchasing or subscribing to any Harborne AIproduct or service, or by creating an account, starting a free trial, or otherwise using the Service, you acknowledge and agree that you have read, understood and accept these Terms in full — including the dispute resolution and arbitration provisions in section 15, the exclusions and limitations of liability in section 11, and the disclaimers about AI output in sections 6 and 10. Your purchase and use of the Service are expressly conditioned on your acceptance of these Terms without modification. If you do not agree to these Terms, do not purchase or use the Service.
1. The Service
Harborne AI is an AI-powered communications assistant. It can answer inbound phone calls and text messages, reply on website chat and supported social channels, book and manage appointments, and run outbound messaging campaigns on your behalf. The exact features available depend on your plan (Basic, Intermediate or Enterprise).
We may update, improve or change the Service from time to time. We will not make changes that materially reduce the core functionality of your paid plan during a billing period without notifying you.
2. Eligibility and accounts
- You must be at least 18 years old and able to enter into a binding contract.
- You are responsible for keeping your login credentials secure and for all activity that happens under your account.
- You must provide accurate registration information and keep it up to date. Tell us promptly at support@harborne.ai if you believe your account has been accessed without authorisation.
3. Free trial, fees and billing
- We may offer a free trial. At the end of the trial, the plan you selected begins and becomes payable unless you cancel beforehand.
- Paid plans are billed in advance through our payment processor. Prices are shown on our pricing page and exclude VAT unless stated otherwise.
- Usage-based elements (such as telephony, voice minutes and messages) may be metered and subject to fair-use limits described on the pricing page or in your plan.
- You can upgrade, downgrade or cancel from your account settings. Unless required by law, fees already paid are non-refundable, and cancelling stops future renewals rather than providing a pro-rata refund for the current period.
4. Your content and your customers’ data
“Customer Data” means the content you upload or generate through the Service, including knowledge-base material, contact records, call recordings, transcripts and messages exchanged with your own customers. As between you and us, you own your Customer Data.
You grant us a worldwide, non-exclusive licence to host, process and transmit Customer Data solely to provide and support the Service. Where we process personal data on your behalf, we do so as your processor under our Data Processing Agreement, and our handling of personal data is described in our Privacy Policy.
You are responsible for the lawfulness of your Customer Data, including having a valid lawful basis and any necessary consents to contact your customers and to record or transcribe calls and messages where required by law.
5. Acceptable use
You agree not to use the Service to:
- break any law, regulation or third-party right, or send unlawful or fraudulent content;
- send unsolicited marketing in breach of the Privacy and Electronic Communications Regulations (PECR), the UK GDPR or equivalent rules, or contact people who have opted out;
- impersonate any person, or misrepresent that AI-generated messages come from a human in a way that is misleading or unlawful;
- transmit malware, attempt to gain unauthorised access to the Service, or interfere with its operation or security;
- reverse engineer, decompile, disassemble or otherwise try to derive the source code, models, prompts, algorithms or underlying structure of the Service, or work around any technical limit, usage cap or security measure in it — except to the extent the law expressly allows this and that right cannot be excluded by contract;
- scrape, crawl, spider or harvest any part of the Service or our websites (including their content, pricing, AI agent settings, voices, prompts or other customers’ data) using bots, scripts or other automated means, or use what you collect to build or train a competing product or service. This does not apply to public search engines indexing our public pages, and you may always export your own Customer Data through the features and APIs we provide;
- use the Service for emergency services, or as a sole means of contact where failure could lead to death, personal injury, or serious environmental or property damage;
- handle special category data (such as health data) or other highly regulated data unless your plan and configuration are appropriate for it and you have your own lawful basis.
We may suspend or limit access if we reasonably believe your use breaches these Terms or poses a risk to the Service or others.
6. AI output: accuracy and your responsibility
The Service uses artificial intelligence, including third-party large language models, to generate responses. AI output is probabilistic and can be inaccurate, incomplete or inappropriate. We do not warrant that AI output is accurate, reliable, complete, or fit for any particular purpose.
AI output is general information and operational assistance only. Under no circumstances does any AI output constitute legal, medical, financial, tax or other regulated or professional advice, as a professional consultation, or as any regulated advisory service, and it must not be construed or relied upon as such or as a substitute for consultation with a suitably qualified professional. You are solely responsible for reviewing, verifying and exercising your own judgement over all AI-generated content before acting on it, and you agree not to hold us liable for any loss or damage arising from reliance on it. We disclaim all warranties relating to the content, quality or suitability of AI output for any purpose, including decision-making, legal compliance or professional matters.
You are the operator of your AI agents. You set up and control them through your account - their voices, greetings, prompts, knowledge base, call scripts, routing, campaigns and the channels they run on. As between you and us, you are solely responsible and liable for your AI agents and everything they say or do to your customers and contacts under your configuration, including any messages, calls, bookings, promises, advice or other output they generate. We provide the platform; you decide how your AI behaves and operate it.
- You are responsible for configuring the AI (voices, greetings, prompts, knowledge base and routing) and for reviewing, testing and supervising its behaviour before and while it is live.
- You are responsible for the lawfulness of how your AI operates - including consent, marketing rules (PECR), call recording notices, and not letting it give regulated advice (legal, medical, financial) it isn’t permitted to give.
- You must not rely on AI output for professional advice, and you should put human review in place for high-stakes interactions.
- You assume the risk of using AI output, including any decisions you or your customers make based on it. We are not liable for the content or consequences of the automated conversations you configure the Service to carry out.
7. Third-party services
The Service relies on third parties (for example telephony, messaging, AI model, email and payment providers). Your use may be subject to their terms, and we are not responsible for their acts, omissions or availability. Outages or changes by those providers may affect the Service.
8. Intellectual property
We and our licensors own all rights in the Service, including its software, design and branding. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You must not copy, modify, reverse engineer, resell or create derivative works from the Service except as permitted by law, and the reverse-engineering and scraping restrictions in section 5 apply.
9. Availability and support
We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may carry out maintenance and will try to minimise disruption. Any service levels we commit to will be stated in writing for Enterprise customers.
10. Disclaimers
Except as expressly stated in these Terms and to the fullest extent permitted by law, the Service is provided “as is” and “as available”, and we exclude all implied warranties, conditions and terms (including satisfactory quality, fitness for purpose and reasonable skill and care). Nothing in these Terms removes statutory rights you may have as a consumer that cannot be excluded by law.
11. Limitation of liability
Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any liability that cannot be limited or excluded under the law of England and Wales.
Subject to the above, and to the fullest extent permitted by law:
- we are not liable for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, or for any loss of profits, revenue, goodwill, business or anticipated savings, any loss or corruption of data, or any other loss arising from or related to your use of, or inability to use, the Service or AI output — in each case whether or not the loss was foreseeable and even if we had been advised of its possibility; and
- our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the total fees you paid us for the Service in that period.
The Service, including all AI-generated content, is provided on an “as is” and “as available” basis without warranties of any kind, and we do not warrant that the Service is error-free or that AI output is accurate or reliable. Your use of AI output is at your own risk. Subject to the carve-outs above, we exclude all liability for losses arising from your reliance on AI output, and your indemnity in section 12 applies to such use.
You are responsible for keeping your own records and backups of data that is important to you.
12. Indemnity
You agree to indemnify us against claims, losses and costs arising from your Customer Data, the operation and output of the AI agents you configure (including what they say or do to your customers and contacts), your use of the Service in breach of these Terms, or your breach of applicable law (including data protection and marketing rules).
13. Suspension and termination
You may stop using the Service and cancel at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or where required by law. On termination, your right to use the Service ends. We will make your Customer Data available for export for a limited period and then delete it in line with our Privacy Policy and Data Processing Agreement.
14. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will give you reasonable notice (for example by email or in-app). Continuing to use the Service after changes take effect means you accept the updated Terms.
15. Governing law and disputes
These Terms and any dispute arising out of or relating to them shall be governed exclusively by the laws of England and Wales.
Arbitration: Except as expressly provided herein, all disputes, claims, or controversies arising out of or relating to these Terms, including any breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), shall first be submitted to mandatory and binding arbitration administered by the London Court of International Arbitration (LCIA), under its rules and procedures.
The arbitration shall be conducted in English and held in London, England. The arbitrator’s award shall be final and binding on the parties with no right of appeal except as provided by applicable law.
Condition to Legal Action: Neither party may commence any judicial proceeding or court action relating to a Dispute unless and until the arbitration process has been exhausted in good faith. If, and only if, the arbitration fails to resolve the matter within 90 days from initiation, either party may seek legal recourse in a court of competent jurisdiction.
Confidentiality: All arbitration proceedings and information disclosed in the course of arbitration shall be confidential and shall not be disclosed to any third party without prior written consent, except as required by law.
16. Contact
Questions about these Terms can be sent to support@harborne.ai, or by post to Brainmart Global LLC, 12 Rustaveli Avenue, Tbilisi 0108, Georgia.