Terms of service

01 The agreement

These terms are an agreement between Twentysix Labs LLC ("Hark", "we", "us") and the business that signs up for Hark ("Customer", "you").

The person who accepts these terms confirms they have authority to bind that business. If you sign an order form with us, the order form and these terms together are the agreement. Where they conflict, the order form wins.

Our Data Processing Addendum (DPA) forms part of these terms. It is published alongside them and applies automatically, on every plan, whenever we process personal data for you that is covered by the GDPR, the UK GDPR or the CCPA. It includes the EU Standard Contractual Clauses and the UK Addendum. Enterprise customers may negotiate their DPA. Our Privacy Policy explains how we handle personal data.

02 Business use only

Hark is for businesses and their staff. It is not for personal, family or household use, and not for anyone under 18. You may not use Hark if you are barred from US services under export or sanctions law.

03 Definitions

• Workspace: your organisation's space in Hark, with its members, records and settings.
• Member: a person you allow into your workspace, as an owner, admin or member.
• Customer Data: everything you or your members put into Hark or connect to it, including records, mail, meeting transcripts, recordings, files and website tracking data.
• Output: anything Hark's AI features produce for you, such as a draft, summary, proposed field value, score or coaching note.
• Hark credits: the unit that measures the AI work Hark does for your workspace.
• Data credits: the unit that measures contact data Hark obtains for you from data providers, such as enrichment and phone number reveals.
• Third-Party Service: a service you connect to Hark or reach through it, such as Google, Microsoft, LinkedIn, Apollo, Zoom, Slack or an AI assistant.

04 Your workspace and accounts

• You are responsible for everything done in your workspace, by your members, their connected accounts, API keys, agents, and AI assistants connected to it.
• Keep sign-in details and API keys secret. Tell us at once if you suspect unauthorised access.
• Owners and admins control settings, roles, integrations, billing and auto top-up. Admins can switch on the automatic features in section 8.
• If you verify an email domain for single sign-on, anyone who signs in with a verified address on that domain can join your workspace as a member automatically. Manage your domain and your identity provider with that in mind.
• You are responsible for your members' compliance with these terms.

05 Your data

• You own Customer Data. You give us a limited right to host, copy, process, transmit and display it only to provide, secure and support Hark for you, as our Privacy Policy and the DPA describe.
• You are responsible for Customer Data: for its accuracy, and for having the rights, notices and lawful basis to collect it, to put it in Hark, and to use it as you do.
• We do not use Customer Data to serve other customers, and we do not train models on it. Each workspace's data is kept to that workspace.
• No protected health information. You must not put protected health information (as defined under HIPAA) or patient health data into Hark: not in records, notes, files, connected mailboxes, meeting transcripts, call recordings or capture sessions. Hark is not a HIPAA-compliant service and we do not sign Business Associate Agreements. If PHI reaches Hark anyway, tell us, and we will help you remove it.
• Export. You can export people, companies, deals and lists to CSV at any time while your subscription is active. A workspace owner can also ask us for a full export of the workspace's records, in CSV or JSON, which we provide within 30 days.

06 Acceptable use

You will not use Hark, or let anyone use it, to:

1. send spam or unsolicited bulk messages, or messages that break anti-spam or marketing laws, including the US CAN-SPAM Act, the EU and UK GDPR, the UK Privacy and Electronic Communications Regulations (PECR), the EU ePrivacy rules, and Canada's Anti-Spam Legislation (CASL);
2. place calls, or send texts, that break the US Telephone Consumer Protection Act, do-not-call rules, or call recording and consent laws;
3. record a conversation, or have a Hark bot or voice agent take part in one, without giving the notice and getting the consent the law of every participant's location requires;
4. mislead people about who you are, hide the sender of a message, or forge headers;
5. collect or use personal data without a lawful basis, or ignore an objection, an unsubscribe or a do-not-call request;
6. process protected health information or patient health data (section 5);
7. make false or misleading claims about medical products, including off-label promotion, or send promotional content that has not passed the review your regulators and your own policies require;
8. break the terms of a Third-Party Service you use through Hark, including LinkedIn's, Reddit's and Google's;
9. harass, defame or discriminate against anyone, or send unlawful content;
10. upload malware, probe or attack Hark, get round its limits or security, or reach data you are not allowed to see;
11. resell Hark, or copy or reverse-engineer it to build a competing product;
12. use Hark in a way that could harm Hark, its other customers or the people in their CRMs.

We may suspend sending, a feature or a workspace to stop a breach of this section or a risk to others. Where we can, we will tell you first and give you a chance to fix it.

07 Outreach: your messages are yours

You decide who to contact and what to say. You are the sender of every email, LinkedIn message, post, reply and call made through Hark, and you are responsible for them. In particular, you are responsible for:

• having a lawful basis to contact each person, under the law where they are;
• honouring opt-outs. Hark adds an unsubscribe link and a one-click unsubscribe header to every campaign and sequence email, keeps a suppression list for your workspace, and keeps a do-not-call list for voice agents. You must not remove or work around them;
• including the sender details the law requires, such as a valid postal address under CAN-SPAM. Hark does not add a postal address for you;
• the content of every message, including claims about medical products, safety and efficacy;
• the notice and consent your website visitors are owed when you install Hark's website tracker. The tracker sets cookies, records page views and clicks, and records forms submitted on your site (section 4.8 of the Privacy Policy). It does not show a consent banner;
• turning on email open and click tracking only where it is lawful for you to do so.

08 AI features

AI suggests, people decide, by default. Hark's AI proposes changes and drafts. Most proposals wait in a review queue for a person, and every change Hark's AI makes is recorded and can be undone.

Automatic features you control. Some features act without a person approving each action. They are off, or limited, until you set them up, and your admins can change them:

• some kinds of AI change apply on their own by default: record summaries, people, buyers and companies found for prospecting, deals opened from replies that book a meeting, and values Hark scores as verified going into empty fields. Your admins can make each of these wait for review;
• your admins can switch other kinds of AI change to apply automatically;
• an admin can switch an email or LinkedIn sequence to unattended, so its AI-written steps send without per-message review, within the limits Hark enforces;
• LinkedIn sequences send member-written or template connection requests and messages on schedule to everyone enrolled, which can include people enrolled automatically;
• a member can let Hark post suggestions to their own LinkedIn under their standing approval;
• a voice agent your admin deploys calls the people on a call list a member approved.

When you switch on an automatic feature, you accept responsibility for what it sends or changes, as if a member had done it.

Review Output before you rely on it. AI can be wrong, out of date or incomplete, even when it cites a source. Check Output before you send it, act on it, or put it in front of a customer, a regulator or a clinician.

Not professional advice. Output is not medical, clinical, legal, regulatory or compliance advice. Hark is not a medical device and does not make or support clinical decisions. Information Hark shows from public sources such as openFDA or ClinicalTrials.gov is shown as those sources publish it, and may be incomplete or out of date.

Ownership of Output. As between you and us, you own Output generated for your workspace. Similar Output may be generated for others, and you get no rights in theirs.

Model providers. Hark uses third-party AI models, listed in the Privacy Policy. Each provider receives only what a task needs, to return a result. We do not train models on Customer Data.

09 Third-Party Services

Hark connects to services we do not control. Your use of each is governed by its own terms, and you are responsible for following them.

• LinkedIn. Hark can read from and act on a member's LinkedIn account, through a connection held by our provider Unipile: sending connection requests and messages, searching people, and reading profiles. Hark is not affiliated with or endorsed by LinkedIn. LinkedIn's User Agreement restricts automated activity, and LinkedIn may limit, restrict or close an account it believes breaks its rules. Hark applies daily limits, spacing and an emergency stop, but we cannot promise LinkedIn will not act. Switching on a LinkedIn sequence or agent is your choice, and we are not liable if LinkedIn restricts an account.
• Google and Microsoft. Hark reads mail and calendars, and sends mail through Gmail, under the permissions each member grants. A member can remove that access from their Google or Microsoft account at any time.
• Data sources. Contact details found through enrichment come from third parties. We do not promise they are accurate, current or lawfully usable for your purpose. You are responsible for checking that before you use them.
• AI assistants. If a member connects an AI assistant to Hark, data the assistant reads leaves Hark and is handled under the member's agreement with that assistant's provider.

We are not responsible for a Third-Party Service, for its changes, outages or decisions, or for what it does with data you send it. If a Third-Party Service stops working with Hark, we may change or remove the feature that relies on it.

10 Plans, fees and credits

Plans. Seats are unlimited on every plan.

An annual plan costs ten months' price for twelve months. On Launch and Growth you may choose a larger monthly allowance, at the price shown when you choose it. The prices on Hark's pricing page at the time you buy, or in your order form, apply.

Billing and renewal. Fees are paid in advance, monthly or yearly. A subscription renews for the same term unless you cancel. Cancelling takes effect at the end of the paid term. We do not refund a partial term, except where these terms or the law say otherwise. Fees exclude taxes, which you pay, except taxes on our income. Payments are processed by Stripe.

Trials. Launch and Growth come with a 14-day trial. You are not charged unless you choose a paid plan.

Credits. Your plan's monthly Hark credits and data credits reset at the start of each billing month. Unused plan credits do not roll over. Credits from a pack you buy last 12 months from the date of purchase, and are used once the month's plan credits run out. When your workspace's plan and pack credits run out, the features that use them pause until the next reset, unless you buy a pack or turn on auto top-up. Data credits spent on contact data that a provider returned are not refunded.

Credit packs and auto top-up. An admin can buy credit packs at any time:

• Hark credits: 5,000 credits for $150;
• data credits: the price is shown in the workspace before you buy.

An admin can turn on auto top-up and set a monthly spending cap. With it on, Hark buys a pack and charges your payment method each time the balance reaches zero, until the cap for that month is reached. After that, features pause as above. An admin can turn auto top-up off at any time. Packs are charged when bought and are not refunded. Pack credits unused 12 months after purchase expire.

Price changes. We give you 30 days' notice of a price change. It applies from your next renewal.

Late payment. If a payment fails and is not fixed within 15 days of our written notice, we may suspend paid features until it is paid.

Free plan. We may change or end the Free plan with 30 days' notice.

Enterprise. Prices, allowances and terms are set in an order form.

11 Confidentiality

Each of us may receive the other's non-public information ("Confidential Information"). Customer Data is your Confidential Information. Each of us will use the other's Confidential Information only to perform this agreement, protect it with at least reasonable care, and share it only with staff, contractors and service providers who need it and are bound to protect it. These duties do not cover information that is public through no fault of the receiver, was already known to it, was independently developed, or was lawfully received from someone else. Either of us may disclose Confidential Information if the law requires, after giving the other notice where allowed.

12 Intellectual property

We own Hark, including its software, design and documentation. Apart from the right to use Hark under these terms, you get no rights in it. If you send us feedback or ideas, we may use them without any duty to you.

13 Security

We use reasonable technical and organisational measures to protect Customer Data, as described in our Privacy Policy and the DPA. Hark holds no SOC 2, ISO 27001, HITRUST or HIPAA certification or attestation. If we confirm a breach affecting Customer Data, we will tell you without undue delay, and within 72 hours of confirming it, and help you meet your own obligations.

14 Warranties and disclaimers

We will provide Hark with reasonable skill and care, and will not materially reduce its overall security during your subscription.

Apart from that, Hark is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that Hark will be uninterrupted or error-free, that Output will be accurate, or that any message will be delivered, opened or answered, or will achieve any result.

15 Indemnity

You will defend us against any third-party claim arising from your Customer Data, the messages, calls and posts you send through Hark, your website tracker, your breach of section 6 or 7, or your use of a Third-Party Service, and pay the resulting costs and damages a court awards or that you agree in a settlement.

We will defend you against any third-party claim that Hark, as we provide it, infringes that party's intellectual property rights, and pay the resulting costs and damages. This does not cover claims arising from Customer Data, Output, Third-Party Services, or a combination of Hark with something we did not provide.

The party seeking protection must tell the other promptly, give it control of the defence, and cooperate.

16 Limitation of liability

To the extent the law allows:

• neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if told they were possible;
• each party's total liability under this agreement is limited to the greater of the fees you paid us for Hark in the 12 months before the event giving rise to the claim, or $100.

These limits do not apply to your payment obligations, either party's indemnity obligations, your breach of section 6 or 7, or liability for fraud, gross negligence or wilful misconduct.

17 Term, suspension and termination

• This agreement lasts as long as you have a workspace or subscription.
• You may stop using Hark at any time. A workspace owner can ask us at support@harkcrm.ai to delete the workspace. We confirm the request comes from an owner and delete it within 30 days. Deletion cannot be undone, so export first.

• Either party may end the agreement if the other materially breaches it and does not fix the breach within 30 days of notice.
• We may suspend access straight away if needed to stop a serious breach of section 6 or a security risk, and as section 10 describes for late payment.
• After a paid subscription ends, you have 30 days of read-only access to export Customer Data. We then delete it within the following 30 days, and backups expire within 35 days after that, as our Privacy Policy describes. Copies already held by Third-Party Services you used are governed by their terms.
• Sections 5 (your responsibilities), 7, 8 (disclaimers), 11, 12, 14, 15, 16, 19 and 20 survive termination.

18 Changes

We may change Hark. If a change materially reduces a core feature you pay for, we will tell you in advance.

We may change these terms. For a material change we will email workspace owners 30 days before it takes effect. A change the law requires may take effect sooner. If you do not agree, you may cancel before the change takes effect and receive a pro-rata refund of prepaid fees for the rest of your term. If you keep using Hark after the change takes effect, the new terms apply.

19 Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Disputes will be resolved exclusively in the state or federal courts located in Delaware, and each party submits to their jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20 General

• Entire agreement. These terms, any order form and the DPA are the whole agreement on this subject.
• Assignment. Neither party may assign this agreement without the other's consent, except to a successor in a merger or sale of substantially all of its business or assets.
• Force majeure. Neither party is liable for delay caused by events beyond its reasonable control.
• Independent parties. Nothing here creates a partnership, agency or employment relationship.
• Severability and waiver. If a term is unenforceable, the rest stands. Not enforcing a term is not a waiver.
• Notices. We send notices to the workspace owner's email. You send notices to legal@harkcrm.ai.
• Publicity. We will not name you as a customer without your permission.

21 Contact

Twentysix Labs LLC 8 The Green #7811, Dover, DE 19901, United States support@harkcrm.ai