Effective date: 29.10.2024

The following Terms apply to you if you access, use, or interact in any manner with our website, services, and content.

By accessing and using our website, services, and content, you agree to be bound by the following terms. 

• Definitions

“User”/”You” means the individual that accesses, uses, and interacts with our Website, content, and services. 

“We” / “Us” / “Website Owner” means the organisation listed in section 2. 

“Website” means the website at www.heyharper.ai. For the purposes of this Terms of Use, Website shall cover any content, information, functionality, services included in the Website.

• Who We Are

Registered business name: Harper AI Ltd

Email: [email protected]

• Intellectual property rights 

We (and our licensors, as applicable) remain the sole owner of all rights, title, and interest in the Website, any content therein, Services, and Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Website, content, Services, or Software. This means you may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours or in any manner that is likely to cause confusion. 

We reserve all rights not granted under the Terms.  

Except as permitted under this Agreement or as required by law, You will not, and will not permit or encourage anyone else, to:

license, sublicense, sell, resell, transfer, assign, distribute, use as a service bureau or timeshare, or otherwise commercially exploit or make the Services available to any third party in any way;

modify, disassemble, or make derivative works based upon the Services or otherwise attempt to derive source code or other trade secrets from the Services;

reverse engineer or access the Services to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Services, or (c) copy any ideas, features, functions, or graphics of the Services;

modify, remove, or obstruct any proprietary rights statement or notice contained in the Services;

send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third-party privacy rights; or material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;

attempt to gain unauthorized access to the Services or its related systems or networks;

access the Services if you are a direct competitor of Us;

provide false identity information to access or use the Services.

• User obligations

When you visit our website and use our services, you agree that you will not:

Use our website, content, or services for any unlawful purpose,

Solicit others to involve in any unlawful acts,

Infringe upon any Intellectual Property Rights, whether our IP rights or that of others,

Submit false, inaccurate, or misleading information,

Harass, intimidate, abuse, or insult anyone,

Interfere with or circumvent the security features we put in place.

You also agree and warrant that you will:

Comply with all applicable laws and regulations,

Provide accurate, and up-to-date information when signing up for our services and you will not provide misleading information,

Not infringe any third-party rights.

You warrant that you will not use the Website, Platform, and/or Services or any part of it to build a product or service that competes with Us and our services.

• Indemnification

User shall indemnify, defend, and hold harmless Us (including its managing directors, board, employees, agents, contractors, and other personnel), from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by third parties against Us arising out of or related in any way to any breach by the User of any of the warranties and/or obligations arising out of, or related to: 

(A) your Content; 

(B) your use of the Website, Content, Services, and Software (as applicable); 

(C) your interactions with any other users; or 

(D) your violation of the Terms. 

• Limitation of Liability

IN NO EVENT WILL THE WEBSITE OWNER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WEBSITE OWNER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL WEBSITE OWNER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED TWO TIMES THE TOTAL AMOUNTS PAID [AND AMOUNTS ACCRUED BUT NOT YET PAID] TO WEBSITE OWNER UNDER THIS AGREEMENT IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR £ 500, WHICHEVER IS LESS.

• Disclaimer of Warranties

THE SERVICES, CONTENT, AND DOCUMENTATION ARE PROVIDED “AS IS” AND THE WEBSITE OWNER  HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WEBSITE OWNER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WEBSITE OWNER MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, CONTENT, AND DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET THE USER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.

• Third-party websites

We disclaim all liability for third-party websites and content. 

• Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties agree that any dispute relating to its terms or subject matter shall be subject to the exclusive jurisdiction of the English courts