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Terms of Service

Last updated: May 10, 2026

AGREEMENT TO THESE TERMS

We are Hartwork ("Hartwork," "we," "us," "our"). We operate the website http://www.hartworkai.com (the "Site"), as well as any other related products and services that refer or link to these Terms (collectively, the "Services").

Hartwork provides AI voice agent services for small businesses in the United States and Canada. Our system handles inbound calls, calls leads back automatically within 60 seconds of inquiry, sends SMS follow-up messages and booking links, and engages website visitors through a chat widget and lead magnet popup. All activity is tracked in a real-time dashboard. Hartwork builds, configures, and manages the entire system for you — including the voice agent, follow-up sequences, and booking integration. No technical setup is required on your end. Plans are available on a monthly or annual basis, with options ranging from a templated setup to a fully custom-built system tailored to your business.

You can contact us by email at marie@hartworkai.com.

These Terms constitute a legally binding agreement between you — whether personally or on behalf of a business entity — and Hartwork, concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

We will provide prior notice of any scheduled changes to the Services. Modified Terms become effective upon posting or notification by email. Continued use after the effective date constitutes acceptance.

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.

TABLE OF CONTENTS

1. OUR SERVICES

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations such as HIPAA or FISMA. If your use of the Services would be subject to such laws, you may not use the Services. You may not use the Services in a way that violates the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

Hartwork owns or is the licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, "Content"), as well as all trademarks, service marks, and logos ("Marks").

Our Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States and around the world. The Content and Marks are provided through the Services on an "AS IS" basis for your personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purposes.

No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

For permissions requests, contact marie@hartworkai.com. Any breach of these intellectual property rights will constitute a material breach of these Terms and your right to use the Services will terminate immediately.

Your submissions

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to Hartwork all intellectual property rights in such Submission. We shall own the Submission and be entitled to its unrestricted use for any lawful purpose without acknowledgment or compensation to you.

You are responsible for your Submissions. By submitting content, you confirm that it is original or that you have the rights to submit it, that it does not constitute confidential information, and that it does not violate any third-party rights or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity to agree to these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

4. PURCHASES AND PAYMENT

We accept the following forms of payment: Visa, Mastercard, American Express, Discover, and PayPal.

You agree to provide current, complete, and accurate purchase and account information for all purchases. You further agree to promptly update account and payment information so that we can complete your transactions and contact you as needed. All payments shall be in US dollars. We may change prices at any time.

You authorize Hartwork to charge your chosen payment method for all amounts due. We reserve the right to correct any errors in pricing, even if we have already requested or received payment. We reserve the right to refuse any order at our sole discretion.

5. SUBSCRIPTIONS

Billing and Renewal

At the end of each billing cycle, Hartwork sends an invoice to the email address on file. Your subscription renews upon receipt of payment. If payment is not received, access to the Service will be suspended until the outstanding invoice is settled.

Cancellation

You can cancel your subscription at any time by contacting us at marie@hartworkai.com. Your cancellation will take effect at the end of the current paid term.

Fee Changes

We may make changes to subscription fees from time to time and will communicate any price changes in accordance with applicable law with at least 30 days' notice.

6. REFUND POLICY

All sales are final. No refund will be issued for any reason, including unused subscription time, partial months, or included minutes not used. Setup fees are non-refundable once work has begun.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:

8. USER GENERATED CONTRIBUTIONS

The Services do not generally offer users the ability to submit or post content publicly. Where we do provide such opportunity, any content you create, submit, post, display, or transmit ("Contributions") may be viewable by other users. When you make available any Contributions, you represent and warrant that:

9. CONTRIBUTION LICENSE

You and Hartwork agree that we may access, store, process, and use any information and personal data that you provide, in accordance with our Privacy Policy and your account settings.

By submitting suggestions or other feedback regarding the Services, you agree that Hartwork can use and share such feedback for any purpose without compensation to you.

We do not assert ownership over your Contributions. You retain full ownership of all your Contributions and any associated intellectual property rights. You are solely responsible for your Contributions and agree to hold Hartwork harmless from any liability arising from them.

10. SERVICES MANAGEMENT

Hartwork reserves the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates these Terms or applicable law; (3) restrict, limit, or disable any of your Contributions or account access at our sole discretion; (4) remove files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property and ensure proper functioning.

11. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, available at hartworkai.com, which is incorporated into these Terms. The Services are hosted in the United States. If you access the Services from any other region with laws governing personal data collection that differ from US law, your continued use constitutes consent to have your data transferred to and processed in the United States.

12. TERM AND TERMINATION

These Terms remain in full force and effect while you use the Services. Hartwork reserves the right to deny access to the Services to any person at any time, without notice or liability, including for breach of any representation, warranty, or provision of these Terms or applicable law. We may terminate your account or delete any content you have posted at any time, at our sole discretion.

If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake name, or the name of any third party. We reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time and for any reason without notice. We are not obligated to update any information on the Services and will not be liable for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or maintenance issues resulting in interruptions, delays, or errors. We have no liability for any loss, damage, or inconvenience caused by your inability to access the Services during any downtime or discontinuance.

14. GOVERNING LAW

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

15. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute"), the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one party to the other.

Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), available at www.adr.org. If arbitration costs are determined by the arbitrator to be excessive, Hartwork will pay all arbitration fees and expenses.

Arbitration may be conducted in person, by document submission, by phone, or online. The arbitrator will make a decision in writing and must follow applicable law. The arbitration will take place in New Castle, Delaware. The parties may litigate in court solely to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator's award.

If a Dispute proceeds in court rather than arbitration, it will be commenced and prosecuted in the state and federal courts located in New Castle, Delaware. The parties consent to personal jurisdiction in such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens. Application of the United Nations Convention on Contracts for the International Sale of Goods and UCITA are excluded from these Terms.

In no event shall any Dispute be commenced more than one (1) year after the cause of action arose.

Restrictions

All arbitration shall be limited to the Dispute between the parties individually. No arbitration may be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis or in a representative capacity on behalf of the general public or any other persons.

Exceptions

The following Disputes are not subject to informal negotiations or binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. Hartwork reserves the right to correct any errors and to change or update the information on the Services at any time without prior notice.

17. DISCLAIMER

The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, Hartwork disclaims all warranties, express or implied, in connection with the services and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Hartwork makes no warranties or representations about the accuracy or completeness of the services' content and assumes no liability for any errors, personal injury, property damage, unauthorized access to or use of our servers, interruption of transmission, bugs or viruses, or any loss or damage of any kind incurred as a result of using the services.

18. LIMITATIONS OF LIABILITY

In no event will Hartwork or its agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if Hartwork has been advised of the possibility of such damages.

Notwithstanding anything to the contrary, Hartwork's liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid by you to Hartwork during the three (3) month period prior to any cause of action arising.

Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Hartwork and its agents, partners, and employees from and against any loss, damage, liability, claim, or demand — including reasonable legal fees — made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party, including intellectual property rights; (5) any violation of applicable telemarketing, anti-spam, or privacy law, including TCPA and CASL; or (6) your submission of lead data without proper consent.

Hartwork reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims.

20. USER DATA

Hartwork will maintain certain data that you transmit to the Services for the purpose of managing performance and your use of the Services. Although we perform regular backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. Hartwork has no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from any such loss or corruption.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communication be in writing.

You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and transaction records. You waive any rights or requirements under any laws that require an original signature or delivery or retention of non-electronic records.

22. SMS TEXT MESSAGING

Program Description

By opting into any Hartwork text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Hartwork text messages may include: account alerts, appointment reminders, marketing communications, order updates, responses to inquiries, and special offers.

Message Frequency

Message frequency varies based on your lead activity and account settings.

Opting Out

If at any time you wish to stop receiving SMS messages from Hartwork, simply reply to the text with "STOP." You may receive a confirmation message. After that, you will no longer receive SMS messages from us. To re-enroll, sign up again as you did originally.

Message and Data Rates

Message and data rates may apply to any SMS messages sent or received. Rates are determined by your carrier and mobile plan. Carriers are not liable for delayed or undelivered messages. Contact your wireless provider with questions about your plan.

Support

For questions or assistance regarding SMS communications, reply with the keyword HELP or email marie@hartworkai.com.

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with Hartwork is not satisfactorily resolved, 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.

24. MISCELLANEOUS

These Terms, together with the Privacy Policy and any order confirmation, constitute the entire agreement between you and Hartwork with respect to the Services and supersede all prior agreements. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver.

These Terms operate to the fullest extent permissible by law. Hartwork may assign any or all of its rights and obligations to others at any time. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity or enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and Hartwork as a result of these Terms or your use of the Services. You agree that these Terms will not be construed against Hartwork by virtue of having drafted them.

25. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information, please contact us at: