Terms of Service

0. Definitions

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.

"Agreement" means the Order Form, these Terms, and the DPA (plus referenced documents), as described in Section 1.

"Harmony AI" means AI-enabled features of the Service that generate Output based on Input.

"Customer," "you," or "your" means the company or legal entity entering into the Order Form and its Users.

"DPA" means the data processing agreement incorporated into this Agreement covering Personal Data processing.

"Input" means the prompts, text, documents, and other materials you submit to Harmony AI.

"Output" means content generated by Harmony AI in response to Input.

"Order Form" means an ordering document (including online checkout) that specifies subscription plan, term, fees, seats, and any special terms.

"Personal Data" has the meaning given under applicable law (including KVKK and, where applicable, GDPR).

"Service" means the Harmonity software, Harmony AI features, APIs (if any), and related documentation we provide.

"Trust Center" means our website page(s) describing security, privacy, and sub-processors (once available).

"Users" means employees, contractors, and agents authorized by you to use the Service under your account.

"Your Data" (or "Customer Data") means content, documents, contracts, and data submitted to or processed through the Service by you or your Users, including Personal Data.

1. Structure of the Agreement

1.1 Agreement Components. This Agreement consists of: (i) the Order Form (and referenced addenda); (ii) these Terms; (iii) the DPA; and (iv) applicable service descriptions, policies, and documentation made available within the Service or on our website (including the Trust Center, once available).

1.2 Order of Precedence. If there is a conflict, the documents control in this order: Order Form → Terms → DPA → other referenced materials. However, the DPA prevails only to the extent the conflict relates to Personal Data processing.

1.3 The Service. The Service includes Harmonity applications/features, Harmony AI, any related APIs, and documentation.

1.4 Acceptance. By signing an Order Form, registering, or using the Service, you accept this legally binding Agreement.

2. Eligibility and Accounts

2.1 Minimum Age. Users must be at least 18 years old.

2.2 Account Security. You are responsible for credential confidentiality and all activities under your accounts, including by Users. You must promptly notify us of unauthorized access.

2.3 Admin Controls. We may rely on your admins' instructions regarding access, permissions, and administration.

3. Seats, Authorized Users, and Customer Responsibilities

3.1 Authorized Users. Only Users may access the Service for your internal business purposes.

3.2 Seat Limits. You may not exceed purchased seats. Seats may be reassigned as long as active Users do not exceed the purchased limit.

3.3 Customer Responsibilities. You are responsible for your IT environment, network, security controls, and ensuring you have all rights/consents needed to submit and process Your Data in the Service.

4. Usage Restrictions (Prohibited Conduct)

4.1 General Restrictions. You will not (and will not allow any third party to): (i) sell, resell, rent, lease, sublicense, or provide the Service on a service bureau basis; (ii) reverse engineer, decompile, disassemble, or attempt to discover source code or underlying components (except where prohibited by law); (iii) copy, modify, or create derivative works except as expressly permitted; (iv) interfere with integrity, performance, or security; (v) remove proprietary notices/trademarks; or (vi) access the Service to build, benchmark, or develop a competing product or service.

4.2 Data Extraction / Scraping / Abuse. You will not: (i) scrape, crawl, spider, or harvest content, metadata, Output, or other information from the Service except through permitted methods; (ii) circumvent rate limits, access controls, seat limits, usage caps, or security measures; (iii) probe, scan, or test vulnerabilities without written authorization; (iv) use the Service to send spam or deceptive communications; or (v) interfere with other customers' use.

4.3 AI / Model Misuse (Expanded). You will not: (i) use the Service, Harmony AI, or any Output to train, fine-tune, benchmark, or improve any competing model/product; (ii) attempt model extraction, prompt harvesting, or systematic efforts to reproduce our models, prompts, scoring, evaluation logic, or safety systems; (iii) use Harmony AI to generate malware, exploit code, phishing content, credential theft, or other malicious instructions; (iv) use Harmony AI to produce content that violates applicable law or third-party rights; or (v) represent Output as a human-authored legal opinion or advice.

4.4 High-Risk Decisions. You will not rely on the Service or Output as the sole basis for decisions that may cause significant harm (e.g., medical, criminal justice, critical infrastructure, safety systems, or eligibility decisions such as employment/housing/credit/insurance) without independent qualified human review and accountability.

4.5 Compliance with Law. You will not use the Service in violation of applicable laws (including privacy, IP, unfair competition, and export controls).

4.6 Acceptable Content. You will not upload or process content that: (i) you do not have rights to use; (ii) is unlawful, defamatory, or infringes IP; (iii) contains malicious code; or (iv) is designed to exploit or degrade the Service.

5. Service Availability, Support, and Updates

5.1 Availability. We will use commercially reasonable efforts to make the Service available, except for: (i) planned maintenance; (ii) emergency maintenance; (iii) circumstances beyond our reasonable control; or (iv) suspension permitted under this Agreement. Unless expressly stated in an Order Form, we do not provide a specific uptime SLA.

5.2 Support. We will provide standard support as described in the Service documentation and/or Order Form. Support requests should be sent to support@harmonity.ai.

5.3 Changes and Updates. We may modify, update, or discontinue parts of the Service (including features and UI) to improve quality, security, or compliance. We will not materially reduce core functionality you purchased during an active term without reasonable notice, except for security, legal, or safety reasons.

5.4 Beta Features. Some features may be labeled beta/preview and provided "as is," may change, and may not be supported.

6. Security and Customer Safeguards

6.1 Security Measures. We will maintain administrative, technical, and physical safeguards designed to protect the Service and Your Data against unauthorized access, disclosure, alteration, and destruction.

6.2 Customer Security Responsibilities. You are responsible for: (i) selecting and managing User access; (ii) maintaining strong authentication practices; (iii) promptly removing access when Users leave; and (iv) securing your endpoints and networks.

6.3 Security Incidents. We will notify you without undue delay after becoming aware of a confirmed unauthorized access to Your Data within the Service, consistent with our obligations under applicable law and the DPA.

6.4 No Customer Pen Testing Without Permission. You may not perform penetration testing or vulnerability scanning without our prior written consent.

7. Audit and Compliance

7.1 Information Requests. Upon reasonable request, we may provide security and compliance information we make generally available to customers (e.g., policies, summaries, or questionnaires), subject to confidentiality.

7.2 Customer Audits. Any audit rights (if any) must be expressly set out in the Order Form or DPA.

7.3 Compliance with Policies. You agree to comply with reasonable policies and instructions we provide to protect the Service (e.g., security requirements communicated to admins).

8. Prices, Payment, and Taxes

8.1 Fees; Non-Refundable. Fees are non-refundable and non-cancellable, except as required by applicable law or expressly stated in the Order Form. Payment obligations start on the date stated in the Order Form.

8.2 Payment Terms. Invoices are due within thirty (30) days unless otherwise stated. For card/automatic payments, you authorize us to charge applicable fees.

8.3 Price Changes. We may update fees for renewals or new subscriptions by providing prior written notice (email or in-product). Updated pricing applies no earlier than the next renewal term unless otherwise agreed in an Order Form.

8.4 Taxes (Türkiye). Fees are exclusive of Turkish VAT (KDV) and other applicable taxes/duties. You are responsible for such taxes, except taxes based on our net income.

8.5 Late Payments. Overdue amounts may accrue interest at the statutory rate permitted by Turkish law, and we may suspend the Service for non-payment after notice.

9. Term, Auto-Renewal, Cancellation, and Suspension

9.1 Term. The Agreement continues for the subscription term in the Order Form.

9.2 Auto-Renewal. Subscriptions automatically renew for successive terms unless non-renewal is properly noticed.

9.3 Cancellation / Non-Renewal Notice (30 days). You may cancel / non-renew by emailing support@harmonity.ai at least 30 days before the end of the then-current term (unless the Order Form specifies another method).

9.4 Termination for Cause. Either party may terminate for material breach not cured within fifteen (15) days of written notice, or for insolvency events, to the extent permitted by law.

9.5 Suspension. We may suspend access for overdue fees or if your use violates these Terms or poses a security risk.

10. Customer Data, License, and No Training on Customer Data

10.1 Your Data Ownership. You retain all rights in Your Data.

10.2 Limited License to Operate. You grant us a limited license to host, process, and display Your Data solely to provide, secure, and maintain the Service and to generate Output at your request.

10.3 No Training on Customer Data. We will not use Your Data to train or fine-tune general-purpose AI models for the benefit of other customers.

10.4 Data Retrieval & Deletion. After termination, you may request export of Your Data within 30 days. After that, we may delete it per retention policies and law unless otherwise agreed.

11. Harmony AI — Disclaimers and Responsibilities

11.1 AI Features; Non-Unique Output. Output may not be unique and may be similar to outputs generated for others.

11.2 Not Legal Advice. Output is not legal advice, opinion, or recommendation, and you are solely responsible for review, approval, and use.

11.3 Input/Output as Your Data. Input and Output are treated as Your Data.

11.4 Hallucinations; "As Is." AI may generate incorrect or misleading Output. We disclaim warranties regarding Output accuracy or fitness.

12. Intellectual Property Rights (Platform)

12.1 Our IP. We retain all rights in the Service, including software, models, UI, documentation, and trademarks.

12.2 License to You. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during the term, subject to payment and compliance.

12.3 Feedback. If you provide feedback, you grant us a royalty-free right to use it to improve the Service, without obligation to you.

13. Confidentiality

13.1 Confidential Information. Non-public information disclosed by a party, including Your Data, is Confidential Information.

13.2 Protection. The receiving party will protect it with reasonable care and not disclose it except as permitted or required by law.

13.3 Exclusions. Standard exclusions apply (public, independently developed, rightfully received).

13.4 Return/Destruction. On request, return/destroy Confidential Information subject to backups and legal retention.

14. Export Controls

14.1 Trade Compliance. You represent that you and your Users are not subject to sanctions or export restrictions that would prohibit access to the Service. You will not use, export, re-export, or transfer the Service in violation of applicable export control or sanctions laws.

14.2 Restricted Destinations/End Use. You will not use the Service for prohibited end uses or with prohibited parties under applicable laws.

15. Warranty Disclaimer

15.1 "As Is." The Service is provided "as is" and "as available." We disclaim all warranties to the maximum extent permitted by law.

15.2 No Guaranteed Results. We do not warrant that the Service or any Output will produce any particular outcome.

16. Limitation of Liability

16.1 Exclusion of Indirect Damages. To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of goodwill, or business interruption.

16.2 Liability Cap. Our total aggregate liability will not exceed fees paid (or payable) in the twelve (12) months preceding the event giving rise to liability.

16.3 Claim Notice (60 days). A party must provide written notice of any claim within sixty (60) days after it becomes aware (or should reasonably have become aware) of the event giving rise to the claim, to the extent permitted by law.

17. Indemnification (Third-Party IP Infringement)

17.1 Our IP Indemnity. We will defend you against third-party claims alleging the Service infringes IP rights and pay damages awarded/settled, if you promptly notify us, allow us control, and cooperate.

17.2 Exclusions. No obligation for claims arising from Your Data, unauthorized modifications, misuse, or combining with third-party products not provided by us.

17.3 Mitigation. We may procure rights, modify, or terminate affected parts and refund prepaid unused fees for the affected portion if required by law or stated in the Order Form.

18. Data Processing and Sub-Processors (Trust Center)

18.1 DPA Incorporated. The DPA is incorporated and applies to Personal Data processing under KVKK and, where applicable, GDPR.

18.2 Roles. Unless otherwise specified, you are Controller and we are Processor.

18.3 Sub-Processors. You authorize sub-processors used to provide the Service. A current list will be available in the Trust Center (once available) or upon request.

19. Governing Law and Dispute Resolution (ISTAC Arbitration)

19.1 Governing Law. Laws of the Republic of Türkiye govern this Agreement.

19.2 ISTAC Arbitration (Istanbul; Turkish). Any dispute shall be finally settled by arbitration under the ISTAC Arbitration Rules. Seat: Istanbul, Türkiye. Language: Turkish. Tribunal: one (1) arbitrator unless ISTAC rules require otherwise.

19.3 Interim Relief. Either party may seek interim injunctive relief from competent courts to protect rights pending arbitration (e.g., IP/confidentiality).

20. Miscellaneous

20.1 Notices. Notices must be in writing. Notices to us go to support@harmonity.ai, unless the Order Form specifies otherwise.

20.2 Assignment. You may not assign without our consent, except to an Affiliate or in a merger/sale of substantially all assets.

20.3 Force Majeure. Neither party is liable for delays/failures due to events beyond reasonable control.

20.4 Severability. If a provision is unenforceable, the rest remains effective.

20.5 Entire Agreement. This Agreement is the entire agreement regarding the Service, superseding prior discussions, except Order Forms and the DPA.

20.6 Changes to Terms. We may update these Terms with prior notice. Updates take effect on the stated date and apply to renewals or continued use, unless prohibited by law or inconsistent with an Order Form.