Terms of Service

Effective date: 30.04.2024

# Introduction

Welcome to HARPA AI.

HARPA.AI Website located at https://harpa.ai, HARPA Browser Extensions and HARPA Web Browser (hereinafter altogether referred to as “Service”), are operated by HARPA AI TECHNOLOGIES LLC (“us”, “we”, or “our”), registered at Vesirattaantie 4, B8, Espoo, Finland, 02740. These Terms of Service (“Terms”, “Terms of Service”) govern your use of the Service.

By accessing or using our Service, you enter into our Agreements (inclusive of these Terms and our Privacy Policy). You acknowledge your comprehension and acceptance of these Agreements and consent to be legally bound by them.

Our Privacy Policy complements these Terms and explains how we collect, secure, and disclose information stemming from your interaction with our Services. We take the responsibility to safeguard your personal information seriously and align our processes with GDPR mandates. For the purpose of GDPR, we are the Data Controller, and we ensure that the information we collect and process is used in accordance with this privacy law and other applicable regulations. For a detailed understanding, please review our Privacy Policy here: https://harpa.ai/privacy.

Should you disagree with any part of the Agreements or find them incongruent with your expectations of privacy and data protection, we invite you to contact us at [email protected]

# Communications

By creating an Account on our Service, you may be invited to subscribe to newsletters, marketing, or promotional materials, and other information we may send. However, in alignment with the General Data Protection Regulation (GDPR), we operate on an opt-in basis for such communications.

You will have the option to grant your explicit consent to receive these communications from us. If you decide to opt-in, please be reassured that you can withdraw your consent at any time at https://harpa.ai/account/settings web page.

We are committed to upholding your preferences and ensuring that your choice to opt-in or opt-out is respected and promptly acted upon.

# Purchases

HARPA AI TECHNOLOGIES, at its discretion, hosts paid subscriptions (HARPA S plans) and other products available for purchase (HARPA X plan, CloudGPT Megatokens, and more) on its website.

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase. This may include, without limitation, your first and last name, billing address, and, in compliance with GDPR, any additional personal data required for billing processing.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

In alignment with GDPR requirements, we are committed to ensuring the secure handling of your personal data. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy, which includes necessary provisions in compliance with GDPR.

In the interest of transparency and the empowerment of our users, you will be provided with the ability to access, rectify, and erase your personal data, where applicable.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

In accordance with GDPR regulations, we will notify you of any cancellation and provide the reason for it as soon as is reasonably possible. We reserve the right to refuse or cancel your order if fraud, an unauthorized or illegal transaction is suspected. In such cases, we may be required to inform relevant authorities in accordance with GDPR guidelines and our legal obligations.

# Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

In accordance with GDPR requirements, you may be provided with the option to consent to the processing of your personal data before participating in any Promotions and to withdraw that consent at any time. We are committed to informing participants about how their personal data is collected, used, and protected, and to providing access to their personal data for the purposes of viewing, correcting, or deletion in compliance with GDPR.

# Subscriptions

Some parts of our Service are billed on a subscription basis ("Subscriptions"). You will be billed in advance on a recurring, periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

Our subscription service will auto-renew at the end of each subscription period, unless cancelled. Failing to cancel a subscription before the payment for a renewal occurs automatically does not authorize a refund once payment has been received.

Please note that you must cancel your subscription before it renews in order to avoid being charged for the next subscription period.

If you cancel before your subscription expiration date, while you will not receive a prorated refund for the remaining balance of the subscription, you will maintain access to the portal and subscribed services until the natural end of the subscription period.

Payments for subscriptions or one-time purchases are processed by the third-party service “Bright Market, LLC dba FastSpring”, according to the terms detailed on their website at https://fastspring.com.

Furthermore, your personal data related to subscription billing will be handled in accordance with our data protection and privacy policy, ensuring the confidentiality and integrity of your personal information. We commit to promptly address any concerns or inquiries related to your data and to maintain transparency about data processing activities associated with your Subscription.

# Demo Period

HARPA AI TECHNOLOGIES may, at its sole discretion, offer a Subscription with a free trial for a limited period of time, known as Demo Plan.

You may be required to sign in or create an account, or enter your billing information in order to use the extension with the Demo Plan.

If you do enter your billing information when signing up for Demo Plan, you will not be charged by HARPA AI TECHNOLOGIES until Demo Plan has expired. On the last day of Demo Plan, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

Please note that by providing your billing information, you are affirming that you are aware of, and accept the start of Subscription services at the end of the Demo Plan, in accordance with our privacy practices outlined in our Privacy Policy.

At any time and without notice, HARPA AI TECHNOLOGIES reserves the right to (i) modify Terms of Service of Demo Plan offer, or (ii) cancel such Free Trial offer.

# Fee Changes

HARPA AI TECHNOLOGIES, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

HARPA AI TECHNOLOGIES will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

# No Refunds Policy

Before making a transaction, you shall review and confirm the price and content of the subscription (HARPA S plans) or other purchase (HARPA X plan, CloudGPT Megatokens) on the HARPA AI website. Additionally, by proceeding with the transaction, you also agree to the purchase terms, which are stated on the pricing page and within these Terms of Service.

We do not offer refunds on subscriptions and other products, as indicated on our website. This no-refunds policy is in place to prevent potential abuse through purchase cancellations.

As such, we take care to show the final purchase price twice: on the checkout form as well as in the payment service you use, plus showing the subscription term (annual vs monthly) on the checkout form as well as the pricing page prior to clicking upgrade.

Please note:

• By purchasing a subscription or product, you will receive exactly what is described in the product description at the time of purchase. If you are uncertain about the content of the product you intend to purchase, please refrain from buying and request further information from us.

• Neither information from third-party sources or assumptions about the content of a product or subscription can serve as a basis for a refund.

• The HARPA X plan, a lifetime deal, is non-refundable, does not include monthly renewal elements (CloudGPT tokens), and is sold "as is" under the terms posted on the pricing page at the time of purchase.

• Consider that the product or subscription may operate using a CloudGPT connection on our server side, or through your own LLM connection (e.g., web session connection, API, OpenRouter, etc.). The functionality of your LLM connections at any given time, and in each specific instance, is beyond our control.

• Purchased subscriptions and products cannot be transferred to another account. Ensure that you are purchasing under the account and profile where you intend to use the product or subscription.

# Content

Our Service enables you to generate, process, and manage content, such as information, text, graphics, videos, or other materials (“Content”).

As we do not have access to or store the Content produced using our software, HARPA AI TECHNOLOGIES does not serve as a custodian of user-generated Content. You bear full responsibility for the Content that you generate, process, or manage through the Service, including its legality, reliability, and appropriateness.

By utilizing the Service for generating or processing Content, you agree to abide by all applicable international private and public laws. You must exercise due diligence in handling content processed or generated on your behalf by HARPA AI or any other sources accessible within our application. You are responsible for ensuring that your use of the Service complies with all legal standards and does not infringe on any rights, including but not limited to privacy rights, publicity rights, copyrights, and intellectual property rights, of any persons or entities.

You are responsible for being vigilant regarding the intellectual property and other proprietary rights of third parties whose Content you may process using our product. By using the Service, you warrant that you own or have obtained all necessary licenses or permissions for the Content you process and that such activity does not violate any laws or rights of third parties.

HARPA AI TECHNOLOGIES reserves the right to terminate the account of any individual found to be infringing copyright or using our product in a manner that violates the rights and legitimate interests of third parties.

As the user, you retain all your rights to any Content you submit, post, display, or otherwise process through the Service and you are responsible for protecting those rights. You are solely responsible for the storage and dissemination of such Content. We take no responsibility and assume no liability for any Content processed or generated by you or any third party using our Service.

# Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

• In any way that violates any applicable national or international law or regulation.

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

• Reverse-engineer or disassemble Service’s source and build code including for business and educational purposes.

• Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

• Use Service in any manner that could infringe upon right and intellectual property of any other 3rd party.

• Use any device, software, or routine that interferes with the proper working of Service.

• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

• Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

• Take any action that may damage or falsify Company rating.

• Otherwise attempt to interfere with the proper working of Service.

# Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

• Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

• For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en. We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

• Mixpanel. Mixpanel is a web analytics service offered by Mixpanel that tracks and reports website traffic. Mixpanel uses the data collected to track and monitor the use of our Service. This data is shared with other Mixpanel services.

• For more information on the privacy practices of Mixpanel, please visit the Mixpanel Privacy Terms web page: https://mixpanel.com/legal/privacy-policy/.

In our dedication to uphold stringent data protection standards, we anonymize analytical data we collect. We do not collect, utilize or retain any sensitive personal data for analytical purposes.

# No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

# Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

# Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of HARPA AI TECHNOLOGIES and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HARPA AI TECHNOLOGIES.

You may not use any of HARPA AI TECHNOLOGIES' trademarks, copyright materials, trade dress, or any related graphics without our prior written consent. Any such use is strictly prohibited unless it adheres to our brand and use guidelines, complies with applicable laws, and does not infringe on intellectual property rights.

# Error Reporting and Feedback

You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

# Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by HARPA AI TECHNOLOGIES.

HARPA AI TECHNOLOGIES has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT HARPA AI TECHNOLOGIES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

# Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

# Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

# Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

# Governing Law

These Terms shall be governed by and construed in accordance with the laws of Finland and applicable European Union legislation, including the General Data Protection Regulation (GDPR), and we also strive to comply with the California Online Privacy Protection Act (CalOPPA), without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is found to be invalid or unenforceable by a court, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and enforceable. These Terms constitute the entire agreement between us regarding our Service, and they supersede and replace any prior agreements we might have had regarding the Service.

# Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

# Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

# Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

# Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

# Contact Us

Please send your feedback, comments, requests for technical support by email: [email protected]