Terms, Policies & Service Commitments

HARBOURSIDE COMMUNICATIONS, INC. — TERMS OF SERVICE

Effective Date: October 19, 2025  |  Last Updated: February 2, 2026

1. Introduction

This Terms of Service Agreement (“Agreement”) is a legally binding contract between Harbourside Communications, Inc. (“Harbourside,” “we,” “us,” or “our”) and the entity or person accessing, purchasing, subscribing to, or using any of our Services (“you” or “your”).

By accessing or using our Services, you agree to this Agreement and our Privacy Policy. If you do not agree, discontinue use immediately.

We may modify these Terms from time to time. Updates will be posted within this Legal Center and may be provided by email or in-app notice. Continued use after an update constitutes acceptance.

2. Definitions

Client Data: Any data, content, or records uploaded, provided, transmitted, or processed by you (or on your behalf) through the Services.

Confidential Information: Non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood to be confidential.

Services: The software, platforms, websites, communication tools, managed service solutions, and related support provided by Harbourside.

Verified Results: Leads, calls, appointments, messages, or other deliverables confirmed by timestamped records or delivery documentation meeting agreed qualification criteria.

Internal Business Purposes: Use solely for legitimate internal business operations, excluding resale, redistribution, sublicensing, or third-party access except as expressly authorized.

3. Description of Services

• BPO and human services (e.g., live answering, appointment setting, administrative support).
• AI-assisted systems for chat, voice, SMS, and content generation.
• Marketing, sales enablement, technical and integration services.
• Branding, reseller, and partnership programs (separate agreements may apply).

Services are provided “as-is” and “as-available.” We may update, modify, or discontinue features at our discretion.

4. Messaging, Voice, and Consent Requirements

4.1 SMS & Voice Use Cases

Harbourside may send or facilitate messages and calls related to inquiries, service updates, appointment coordination, account notifications, support, and other communications reasonably related to the Services. Promotional messaging, if used, will be sent only where permitted and will include opt-out instructions.

4.2 Consent (TCPA / A2P Compliance)

You agree that Harbourside may contact you at the phone number(s) you provide, including via SMS and voice calls, using automated technology (including AI-assisted systems) where permitted by law and where appropriate consent has been obtained. Consent is not a condition of purchase.

You are responsible for ensuring that you have lawful permission and required consent to submit any third-party phone numbers into the Services and to send any messages or calls to those numbers.

4.3 Opt-Out Instructions

SMS Opt-Out: Reply STOP to opt out of SMS messages. Help: Reply HELP for help or contact us using the details in Section 16.

Opt-out requests are applied as reasonably practicable. You acknowledge that certain service-related messages may be required for account, security, or billing purposes where permitted by law.

4.4 Message Frequency & Carrier Rates

Message frequency varies. Message and data rates may apply depending on your carrier and mobile plan.

4.5 Carrier Liability Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

4.6 Mobile Information Sharing Statement

We do not sell, rent, or share mobile phone numbers or SMS consent data with third parties for marketing or promotional purposes. Mobile information is shared only with service providers necessary to deliver messaging services, under confidentiality and security obligations.

5. License and Access Rights

5.1 License: Harbourside grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for internal business purposes, subject to this Agreement.

5.2 Restrictions: You may not reverse-engineer, resell, sublicense, distribute, or misuse the Services. We may suspend or terminate access for violations.

6. Service Levels and Availability

Target uptime: 99.95% (excluding planned maintenance, third-party outages, and force majeure). Support is generally available Mon–Fri, 9:00 AM–6:00 PM ET, with after-hours best-efforts where offered.

7. Performance, QA, and Client Cooperation

We may log, monitor, and review managed communications for quality assurance, compliance, and auditing. You agree to provide accurate information, timely responses, and cooperation necessary to meet project goals and qualification criteria.

Deliverables are billable unless disputed within 48 hours, and we may provide logs, timestamps, and supporting documentation as needed.

8. Data Retention and Export

9. Payment Terms

9.1 Fees/Billing: Fees are billed in USD and may be charged monthly in advance unless otherwise agreed.

9.2 Methods: Maintain one recurring and one backup payment method where applicable.

9.3 Models: Services may be billed post-pay, pre-pay, per-deliverable, usage-based, or by subscription per your schedule.

9.4 Refund Requests and Chargebacks

• Refund Requests: Email [email protected] within 5 business days with details; we respond within 5 business days.
• Non-Refundable: Compliance registrations, carrier verifications, domains, third-party/government fees, setup, labor, and usage-based costs.
• Chargebacks: Skipping our refund process may trigger suspension/termination and a USD $2,500 recovery fee plus costs.

9.5 Non-Payment and Suspension

Accounts under 90 days old may be accelerated (pause day 5; suspend day 10).

10. Compliance and Acceptable Use

You agree to comply with applicable laws and regulations, including TCPA, A2P/10DLC requirements, CAN-SPAM, GDPR/UK-GDPR, CCPA, and HIPAA where applicable. Prohibited conduct includes spam, phishing, unlawful activity, fraud, and deceptive practices. We may suspend or terminate access to investigate suspected misuse.

11. Confidentiality and Intellectual Property

Our systems, code, models, workflows, and proprietary methods are owned by Harbourside. You own your Client Data and grant us a limited license to process Client Data solely to provide and improve the Services.

Both parties agree to protect Confidential Information. These obligations survive termination (3 years, or indefinitely for trade secrets).

12. Artificial Intelligence and Automation

Some Services may be AI-assisted or automated. AI outputs may be inaccurate or incomplete and are provided for informational purposes only. You are responsible for reviewing outputs before use and ensuring compliance with applicable laws and policies. Third-party AI terms may apply where used.

13. Security and Incidents

We implement reasonable safeguards including encryption, access controls, and monitoring. No system is impenetrable. If we confirm a security incident affecting personal information, we will provide notices as required by law.

14. Indemnification

You agree to indemnify and hold Harbourside harmless from claims arising from your misuse of the Services, your Client Data, or your violation of law. Harbourside will indemnify you for claims arising solely from our gross negligence or willful misconduct.

15. Limitation of Liability

To the maximum extent permitted by law, Harbourside is not liable for indirect, incidental, special, consequential, or punitive damages. Our aggregate liability is capped at fees paid in the prior 12 months, except where prohibited by law or in cases of gross negligence or willful misconduct.

16. Termination

You may terminate by written notice; termination is effective at the end of the billing cycle unless otherwise agreed. We may terminate immediately for cause. Certain sections survive termination, including payment, confidentiality, limitations of liability, and dispute resolution.

17. Age Restriction (18+)

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18.

18. Governing Law & Disputes

This Agreement is governed by North Carolina law. Disputes will be resolved by arbitration in Mecklenburg County under AAA rules after 30 days of good-faith negotiation. You and Harbourside waive jury trials and class actions to the maximum extent permitted by law.

19. Entire Agreement • Severability • Force Majeure

This Agreement, together with the policies linked in this Legal Center, constitutes the entire agreement between you and Harbourside regarding the Services. If any provision is unenforceable, the remainder remains in effect. Neither party is liable for delays due to force majeure events.

20. Customer Support Contact

Support & Legal Contact: [email protected]  |  Phone: +1 (302)205 4697

21. Link to Privacy Policy

Privacy Policy: https://harboursideco.com/privacy-policy

Privacy Policy

Effective: Nov 2, 2025  |  Updated: Feb 2, 2026

For the full Privacy Policy, visit: https://harboursideco.com/privacy-policy

Cookie Policy

Effective: Nov 2, 2025  |  Updated: Feb 2, 2026

1–2. What & Types

3–5. Use • Third Parties • Controls

• Service delivery, analytics, personalization, advertising, and consent tracking.
• Some partners may set their own cookies.
• Manage cookies via consent banner (if available), browser settings, and opt-out tools.

Inventory requests: [email protected]

6–8. Children • Transfers • Contact

Questions: [email protected] • +1 (302)205 4697

Acceptable Use Policy (AUP)

Effective: Nov 2, 2025  |  Updated: Feb 2, 2026

1–2. Purpose & Permitted Use

Use the Services safely and legally for legitimate business purposes, consistent with these Terms and all applicable laws.

3. Prohibited Activities

• Illegal use (including TCPA/10DLC/CAN-SPAM/GDPR/CCPA/HIPAA violations), fraud, or unauthorized access.
• Spam, harassment, malware, IP infringement, or privacy violations.
• DoS attacks, reverse-engineering, scraping beyond approved APIs, or account evasion.
• Deceptive content, impersonation, or attempts to bypass safety controls.

4–6. Client Responsibilities • Reporting • Enforcement

You are responsible for ensuring consent, training users, and verifying outputs. Report suspected abuse to [email protected]. We may suspend or terminate access for violations.

7–8. Law & Contact

North Carolina law. Contact: [email protected] • +1 (302)205 4697

Service Level Agreement (SLA)

Effective: Nov 2, 2025  |  Updated: Feb 2, 2026

1–2. Definitions & Availability

3. Support

5. Remedies

Claims must be submitted within 30 days of month end. Credits are the sole remedy and do not exceed 100% of monthly fees.

6–9. Exclusions • Monitoring • Law • Contact

Support: [email protected]

Notice Regarding Artificial Intelligence

Effective/Updated: Feb 2, 2026

1. Nature of AI

Our Services may include AI-assisted features such as content generation, automation, analytics, and workflow support.

2. Limitations

• AI outputs may contain errors, omissions, or bias and may be outdated.
• AI is not a substitute for professional advice (legal, medical, financial, or otherwise).

3. Your Responsibilities

• Review and verify outputs before use.
• Use AI features in compliance with the AUP and applicable laws.
• Do not input sensitive data unless a feature explicitly supports it.

7–8. Law • Contact

North Carolina law; arbitration as per ToS. Contact: [email protected] • +1 (302)205 4697

AI Ethics Policy

Effective/Updated: Feb 2, 2026

1. Commitment

We aim to deploy AI responsibly, with practical guardrails around safety, privacy, transparency, and accountability.

2. Principles

3–6. Governance • Client Duties • Enforcement • Review

Report ethics concerns: [email protected]. North Carolina law; arbitration per ToS.