Terms of Service

1. Who we are and what these terms cover

Hartwork is run by Marija Ilievska, doing business as Hartwork ("Hartwork", "we", "us"). These terms cover your use of our website at https://hartworkai.com and the Hartwork client dashboard. By using either, you agree to them.

If you are a Hartwork client, your signed Client Service Agreement governs the services we provide you. It sits alongside these terms, and where the two disagree, the Client Service Agreement wins.

2. What Hartwork is

Hartwork provides AI phone answering, callbacks to new leads, text messages, a website chat widget, and a dashboard showing the results, for businesses in the United States and Canada. The services are for businesses, not for personal or household use. To become a client you must be at least 18 and able to enter a contract on your business's behalf.

3. Plans, prices and billing

• Prices and what each plan includes are shown at https://hartworkai.com/pricing and confirmed in your Client Service Agreement.
• All plans are month to month. Growth and Pro have a one-time setup fee, paid with your first month before we start work.
• Optional annual billing: pay for 12 months up front at a discounted monthly rate, and the setup fee is waived.
• We bill by invoice, sent on the same date each month. Each invoice is due within 5 days.
• Minutes used beyond your plan's allowance are added to your next invoice at your plan's overage rate.
• Late payment carries the fees and service pause set out in the Client Service Agreement.
• We can change prices for new clients at any time. Existing clients get at least 60 days' notice, annual clients keep their price for the prepaid term, and we will not raise an existing client's price by more than 20% in any 12-month period.

4. Cancelling, refunds and pausing

• Month-to-month clients: give us 30 days' written notice by emailing marie@hartworkai.com. There is no penalty.
• Annual clients: you prepay 12 months at a discount. You can cancel at any time, but the months remaining are not refunded, and your service runs to the end of the year you paid for.
• Your service keeps running until the notice period ends. There is no refund for unused days in your final month.
• You can pause your service once a year for up to 90 days, with 14 days' written notice, as described in the Client Service Agreement.

5. Dashboard accounts

Dashboard access is by invitation. You sign in with a one-time link sent to your email, so keep your email account secure and do not forward sign-in links. You are responsible for activity under your account. When your service ends, your dashboard access ends too.

6. Your responsibilities as a client

• Give us accurate information during onboarding. If the AI tells your callers something wrong because the information you gave us was wrong, that is your responsibility.
• Tell your callers that calls may be recorded wherever the law requires it, including in states that require every party's consent to recording.
• Only have Hartwork call or text people who have agreed to be contacted, as telemarketing and anti-spam laws require (such as the TCPA in the United States and CASL in Canada).
• If you work in a regulated field (for example healthcare, finance or law) or are subject to specific data laws, confirm that Hartwork is appropriate for your use before relying on it.

7. Acceptable use

You agree not to:

• use Hartwork for anything unlawful, deceptive or harassing, or to send spam;
• copy, resell, reverse engineer or try to extract the system, its scripts or its workflows;
• probe, scan or interfere with the security of the website, the dashboard or any other client's data;
• scrape or harvest information from the website or dashboard by automated means.

We may suspend or end access for anyone who breaks these rules.

8. Who owns what

We are not selling you the system; we are letting you use it. The Hartwork system, the AI configuration, scripts, workflows, website and everything behind them belong to us. Clients get a license to use Hartwork while they are clients in good standing. You own your business's data and your clients' data.

9. Your data and privacy

Our Privacy Policy at https://hartworkai.com/privacy explains how we handle personal information. In short: we do not sell your data, share it for advertising, or use it to train AI models. Call recordings are deleted 90 days after the call. Transcripts and the rest of your call history stay in your dashboard for as long as you are a client. When your service ends, or has been paused for more than 30 days, your dashboard is archived: nothing is deleted, and everything comes back if you return. Ask us any time and we will delete your archived data within 30 days, except where the law requires us to keep it.

10. AI can make mistakes

The AI is built and tested carefully, but it can misunderstand callers or say something wrong. The website and dashboard are provided "as is" and "as available". Downtime of the third-party platforms Hartwork runs on is outside our control. If you report an error to us in writing, we will investigate and respond within 24 hours.

11. Limits on our liability

For clients, we are not responsible for mistakes the AI makes in a call or chat, leads or calls missed because of an AI error, downtime caused by third-party platforms, or lost revenue connected to service issues. If something is genuinely our fault, the most we will owe is one month's retainer (the last payment you made). This limit does not apply to gross negligence or willful misconduct on our part.

For anyone else using the website, to the extent the law allows, we are not liable for indirect or consequential losses arising from using it.

12. Text messages (SMS)

When a Hartwork agent texts you on behalf of one of our clients, it is because you gave that business your number, for example by calling it or filling in its form. Messages may include booking links, appointment reminders and confirmations, and replies to your enquiry.

• Message frequency varies with your enquiry.
• Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
• Reply STOP at any time to stop receiving texts. You may receive one message confirming this.
• Reply HELP for help, or email marie@hartworkai.com.

13. Disputes

Step 1: talk it out

Before anything formal, we both agree to try to resolve a dispute directly and in good faith, within 14 days of one of us notifying the other in writing.

Step 2: online arbitration

If that does not resolve it, the dispute goes to binding online arbitration through New Era ADR (https://www.neweraadr.com), conducted in English with a neutral arbitrator. The arbitrator's decision is final. Costs are split equally unless the arbitrator decides otherwise.

Governing law

These terms are interpreted under the principles of commercial contract law common to the United States.

What you are giving up

You waive the right to bring disputes in court, except to enforce an arbitration award, and the right to take part in a class action or class-wide arbitration.

14. Changes to these terms

We may update these terms. The date at the top shows the latest version. Clients get 30 days' written notice of changes, as the Client Service Agreement provides. Continuing to use Hartwork after a change takes effect means accepting it.

15. General

• If any part of these terms cannot be enforced, the rest still applies.
• Neither of us may transfer these terms to someone else without the other's written consent.
• Notices must be in writing, by email to the addresses on file. Ours is marie@hartworkai.com.

16. California users

If a complaint is not resolved to your satisfaction, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

17. Contact

Marija Ilievska, doing business as Hartwork. Email: marie@hartworkai.com.