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Plain-English summary
Using this service comes with several significant risks. You are bound by mandatory individual arbitration, meaning you cannot pursue class action lawsuits or jury trials for disputes (risk_flags-1). The company can change, suspend, or discontinue the service without notice or liability (risk_flags-2). There are explicit disclaimers for AI services, stating that outputs may be inaccurate or offensive, and the company is not liable for any related damages. You are solely responsible for account security, including losses from stolen passwords (risk_flags-4). The company controls the defense and settlement of any claims for which you must indemnify them (risk_flags-5). Additionally, you have a shortened one-year window to file any claims against the company, after which they are permanently barred. The service also automatically renews (cancellation_renewal-1), and downgrades or non-renewals do not result in refunds (cancellation_renewal-2, cancellation_renewal-4), with potential loss of data or features upon downgrade (cancellation_renewal-3).
90% confidence
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Risks of Using This Service
5 findings
Critical issues that users should be aware of before engaging with the service, including potential for significant loss, privacy breaches, or limitations on legal recourse.
high95% confidence
Mandatory Individual Arbitration
These terms require the use of arbitration to resolve disputes, rather than jury trials or class actions, and specifically state that arbitration will be solely on an individual basis.
Why it matters: You waive your right to a jury trial and participation in class action lawsuits, meaning disputes must be resolved through individual arbitration, which can limit your legal recourse.
THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND WE AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL (SEE SECTION 14 BELOW).
Title: Terms of Service - Harvest, paragraph 9 · Citation strength: strong
high95% confidence
Service Changes Without Notice or Liability
The service provider may update, change, suspend, or discontinue the Service or any Subscription Plan at any time, without notice and without liability to the user or anyone else.
Why it matters: The service features or availability may change or be discontinued at any time without prior notice, and the company will not be held responsible for any losses this may cause.
We may update, change, suspend, or discontinue the Service (or any part, content, or feature) or Subscription Plan at any time, without notice and without liability to you or anyone else (for example, to offer or test new or different features, technologies, or services, to repair, improve, or further develop the Service, to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances).
Changes to the Terms and the Service, paragraph 2 · Citation strength: strong
high95% confidence
Liability for Unauthorized Account Use
You are responsible for keeping your account name and password confidential and for any unauthorized use of your account, and the service provider is not responsible for losses due to stolen or hacked passwords.
Why it matters: You are fully liable for all activities on your account, even if unauthorized or due to stolen passwords, placing the burden of security entirely on you.
You agree that on behalf of your End Users, you are responsible for keeping your account name and password confidential and for providing us with current and accurate information. You’re also responsible for any account that you have access to, and for ensuring that the team permissions are appropriately assigned according to the available permissions mentioned in the Harvest Help Center . You agree to notify us immediately of any unauthorized use of your account. We’re not responsible for any losses due to stolen or hacked passwords.
Title: Terms of Service - Harvest, paragraph 40 · Citation strength: strong
high95% confidence
Unilateral Control Over Indemnification Claims
The service provider has the right to control the defense, negotiation, and settlement of any claim subject to indemnification by you, including selecting counsel, and you must cooperate.
Why it matters: If you are required to indemnify the company, they retain full control over how the claim is handled, including legal strategy and settlement, potentially against your preferences.
You agree that we will have the right to control the defense, negotiation, and settlement of any claim subject to indemnification by you and that you will cooperate with us in the defense, negotiation, or settlement of any such claim, and that we will have the right to select counsel handling such defense, negotiation, or settlement.
The service is provided "as is" without warranty or condition of any kind, and the service provider disclaims all warranties, including those of merchantability, fitness for a particular purpose, title, and non-infringement.
Why it matters: You receive the service without any guarantees regarding its quality, reliability, or suitability for your specific needs, and the company is not responsible for any issues that may arise.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY WARRANTY THAT USE OF THE SOFTWARE WILL BE ERROR-FREE, BUG-FREE OR UNINTERRUPTED.
How the service collects, uses, shares, and protects your personal and usage data, including policies on third-party data sharing and advertising.
medium95% confidence
Broad License to Use Customer Data for Service Provision and Compliance
You grant the service provider a non-exclusive, worldwide, royalty-free license to use, host, reproduce, display, perform, modify, and make derivative works of Customer Data to provide the Service, determine billing, measure usage, and monitor/enforce compliance with the terms.
Why it matters: The company has a broad right to use your data for various operational and compliance purposes, including potential modifications and creation of derivative works, which could impact how your data is presented or processed.
You hereby grant us a non-exclusive, worldwide, and royalty-free right and license to use, host, reproduce, display, perform, modify, and make derivative works of Customer Data as necessary to: (a) provide the Service to you; (b) determine billing, measure your usage of the Service, and track entitlement consumption; and (c) monitor and enforce compliance with these Terms, including detecting and addressing unauthorized, abusive, or otherwise non-compliant use of the Service by you or any End User, all in accordance with the Harvest Privacy Policy .
Use of Feedback for Product Development with Assignment of Rights
If you provide Feedback, you acknowledge that the service provider may already have similar ideas, and you assign your entire right, title, and interest (including intellectual property rights) in and to Feedback to the service provider.
Why it matters: Any feedback, comments, or suggestions you provide become the property of the company, and they can use it without compensation, potentially leveraging your ideas for their products without crediting or paying you.
If you provide Feedback, you represent and warrant that you (i) have the right to disclose the Feedback, (ii) the Feedback does not violate third-party rights, and (iii) the Feedback does not contain the confidential or proprietary information of any third party. You (a) acknowledge that we may have something similar to the Feedback already under consideration or in development; and (b) assign to us your entire right, title, and interest (including any intellectual property rights) in and to Feedback.
Conditions and procedures for subscription renewal, cancellation, and refund eligibility.
medium95% confidence
Automatic Subscription Renewal
Your Subscription Plan will automatically renew at the then-current Subscription Fee for recurring terms of the same duration upon expiration, unless canceled.
Why it matters: Your subscription will automatically renew and you will be charged for the next term unless you proactively cancel it before the current term ends.
Upon expiration of the Subscription Term, your Subscription Plan will automatically renew at the then-current Subscription Fee (except as provided below) for recurring Subscription Terms of the same duration, unless: (i) we elect to renew the Subscription Plan for a shorter Subscription Term; or (ii) the Subscription Plan is canceled or not renewed in accordance with these Terms.
Subscription Plan and Fees, paragraph 1 · Citation strength: strong
medium95% confidence
No Refunds for Non-Renewal or Downgrades
If you elect not to renew your Subscription Plan, you will not receive a refund or credit for any Fees already paid, and unused add-ons, features, or other items will not be reimbursed or rolled over. Downgrading also does not result in refunds or credits.
Why it matters: If you decide not to renew or if you downgrade your subscription, you will not get any money back for the current term or for any unused features.
If you elect not to renew your Subscription Plan, you will not receive a refund or credit for any Fees you already paid, and you will promptly pay all unpaid Fees due through the end of the current Subscription Term, and you will continue to be able to use the Service for which you subscribed until the end of such Subscription Term. The expiration of the Subscription Plan due to any non-renewal will be effective as of the end of the then-current Subscription Term. Unused add-ons, features, or any other items of your Subscription Plan will not be reimbursed and do not rollover to any subsequent Subscription Term.
Subscription Plan and Fees, paragraph 2 · Citation strength: strong
medium95% confidence
Potential Loss of Data/Features on Downgrade
Downgrading your Subscription Plan may cause loss of features, data, or functionality of the Service, and the service provider will not be responsible for any such loss.
Why it matters: Downgrading your subscription might lead to losing access to features, data, or functionality, and the company will not be held responsible for these losses.
Downgrading your Subscription Plan may cause loss of features, data, or functionality of the Service available to you, and we will not be responsible for any such loss.
Subscription Plan and Fees, paragraph 2 · Citation strength: strong
medium95% confidence
Non-Refundable Fees Upon Termination by Service Provider
If the service provider terminates the terms for cause, you will promptly pay all unpaid Fees due. Fees are otherwise non-refundable, except if you terminate for cause or the service provider terminates with 30 days' notice, in which case prepaid but unused fees are refunded.
Why it matters: If the company terminates your service for cause, you are still liable for all outstanding fees, and generally, fees are non-refundable, potentially resulting in financial loss if service is interrupted.
If we terminate these Terms for cause, you will promptly pay all unpaid Fees due. If you terminate these Terms for cause or we terminate these Terms with notice according to section 6.3(i), we will promptly refund any prepaid but unused fees covering use of the Service after termination. Fees are otherwise non-refundable.
Suspension and Termination, paragraph 4 · Citation strength: strong
Other Gotchas
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User Protections
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