Terms of Use & Legal Policies

1. Agreement, authority, and eligibility

These Terms of Use (the “Terms”) are a binding agreement between Harbourside Communications, Inc. (“Harbourside,” “we,” “us,” or “our”) and the person or entity accessing a Harbourside website, requesting information, purchasing services, or using the Services (“you,” “your,” or “Client”).

By accessing or using the Services, you accept these Terms and our Privacy Policy. If you use the Services for a company or another entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Services.

You must be at least 18 years old and legally capable of entering into this agreement. The Services are offered for legitimate business use and are not directed to children.

Definitions

Authorized User

A person the Client permits to access or use the Services on its behalf.

Client Data

Data, content, instructions, records, contacts, prompts, or other material submitted to or processed through the Services by or for the Client.

Harbourside Materials

Harbourside software, workflows, templates, methods, designs, documentation, configurations, and other pre-existing or independently developed materials.

Order

A written order form, statement of work, subscription agreement, proposal, or similar service document accepted by Harbourside and the Client.

Services

Harbourside websites, communications tools, human services, managed workflows, marketing services, Arcella AI-assisted systems, and related support made available under these Terms or an Order.

Third-Party Service

A carrier, platform, model provider, hosting provider, software application, integration, payment processor, or similar service not controlled by Harbourside.

2. Services, Orders, and third parties

2.1 Scope

Harbourside provides business communication and operational support that may include answering services, virtual assistants, digital marketing, workflow configuration, and Arcella AI-assisted systems across approved channels. The exact scope, channels, deliverables, coverage, dependencies, fees, and term are stated in the applicable Order.

2.2 Service configuration and changes

Services are configured using the information, access, approvals, and instructions available to Harbourside. We may update the Services to improve performance, security, legal compliance, or functionality. If a change materially reduces a paid service, the applicable Order and law will govern any notice or remedy. We may discontinue a feature that creates legal, security, provider, or operational risk.

2.3 Third-Party Services

Some Services depend on Third-Party Services, including telecommunications carriers, messaging platforms, domain and hosting providers, payment processors, calendars, CRM systems, analytics tools, and AI model providers. Their availability, features, security practices, policies, and fees may change outside Harbourside’s control. Your use of a Third-Party Service may also be subject to its own terms. Harbourside is not responsible for a third party’s acts, omissions, outages, or changes, except to the extent required by law or expressly stated in an Order.

2.4 No guaranteed business result

Harbourside does not guarantee leads, sales, appointments, rankings, revenue, cost savings, uninterrupted communications, or another business outcome unless a specific written guarantee appears in an Order. Results depend on factors that include the Client’s offer, audience, systems, approvals, staffing, responsiveness, data quality, market conditions, and third-party platforms.

3. Client responsibilities

You are responsible for:

• providing accurate, current, and lawful business information, instructions, content, contact data, and approval criteria;
• obtaining and maintaining all rights, permissions, notices, licenses, and consents needed for Client Data and Client-directed communications;
• reviewing and approving scripts, claims, offers, audiences, routing rules, automated actions, and production outputs before use;
• maintaining the security of accounts, credentials, devices, phone numbers, domains, and systems under your control;
• limiting access to Authorized Users and promptly notifying Harbourside of suspected unauthorized access;
• providing timely decisions, access, content, and cooperation reasonably needed to configure or deliver the Services; and
• using the Services in accordance with these Terms, the applicable Order, carrier and platform rules, and applicable law.

Delays, errors, or additional costs caused by incomplete, inaccurate, late, or changed Client materials or instructions may affect scope, timing, and fees.

3.1 Communications compliance

When you select an audience, provide contact data, approve a campaign, direct a call or message, or use Harbourside to communicate for your business, you remain responsible for the lawfulness of that communication. This includes consent, identification, content, calling-time, do-not-call, suppression, opt-out, recordkeeping, registration, and disclosure requirements under laws and rules that apply to the communication.

Commercial email must comply with applicable anti-spam law, including accurate sender information, non-deceptive subject lines, required identification and mailing information, and a functioning unsubscribe process. Additional requirements for calls and texts appear in the Messaging & Voice Policy.

3.2 Recordings and transcriptions

If a workflow records or transcribes calls, meetings, or other communications, you are responsible for determining where the participants are located and providing or obtaining all notices and consents required in each applicable jurisdiction. Do not enable recording or transcription where it is prohibited.

3.3 Regulated and sensitive information

Unless an Order expressly states that a Service is configured and approved for a particular category of regulated or sensitive information, do not submit health information, payment-card data, government identifiers, account credentials, precise location, biometric data, children’s data, or other information requiring heightened protection. Harbourside does not represent that a Service is compliant with HIPAA, PCI DSS, or another specialized regime unless the required written agreement and configuration are in place.

4. Fees, payment, term, and suspension

4.1 Fees and taxes

Fees, billing frequency, usage allowances, setup charges, and payment dates are stated in the applicable Order. You authorize Harbourside and its payment processor to charge an approved payment method for amounts due under that Order. You are responsible for applicable sales, use, communications, or similar taxes, excluding taxes based on Harbourside’s net income.

4.2 Pass-through and incurred costs

Carrier, registration, domain, hosting, advertising, software, model, API, setup, configuration, usage, and other third-party or already-performed costs are non-refundable once incurred unless the Order or law states otherwise. Other fees are non-refundable except as expressly stated in an Order or required by law.

4.3 Billing questions and charge disputes

Review invoices promptly and contact [email protected] with a good-faith billing question. A payment dispute or chargeback does not eliminate valid payment obligations. Harbourside may provide transaction, authorization, usage, and delivery records to the payment provider as permitted by law.

4.4 Term and renewal

The service term, renewal method, and cancellation process are stated in the Order. If an Order does not address termination, either party may terminate an ongoing paid Service on written notice, effective at the end of the then-current paid billing period. Amounts already due remain payable.

4.5 Suspension or termination for cause

Harbourside may limit, suspend, or terminate access when reasonably necessary to address nonpayment, unlawful or abusive use, a security threat, material breach, carrier or provider demand, or risk to Harbourside, a client, a user, or a third party. Where practical and lawful, we will provide notice and a reasonable opportunity to cure. Immediate action may be taken when delay could increase harm or legal exposure.

5. Client Data, intellectual property, and confidentiality

5.1 Client Data

As between Harbourside and the Client, the Client retains its rights in Client Data. You grant Harbourside and its subcontractors a limited right to host, copy, transmit, modify, display, and otherwise process Client Data as reasonably needed to provide, maintain, secure, and support the Services, follow your documented instructions, and comply with law.

You represent that you have the rights and lawful basis needed for that processing. Our collection and handling of personal information are described in the Privacy Policy. Any service-specific export, return, deletion, or retention commitment must be stated in the Order or a separate written data agreement.

5.2 Harbourside Materials

Harbourside and its licensors retain all rights in the Services and Harbourside Materials. Subject to these Terms and the applicable Order, Harbourside grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to use the Services for your internal business purposes during the service term. No rights are granted by implication.

5.3 Feedback

If you voluntarily provide suggestions about the Services, you permit Harbourside to use them without restriction or compensation, provided we do not identify you publicly without permission.

5.4 Confidentiality

Each party may receive non-public information that should reasonably be understood as confidential. The receiving party will use reasonable care to protect that information and use it only to perform or receive the Services. These obligations do not apply to information that is publicly available without breach, already lawfully known, independently developed, or lawfully received without a confidentiality duty.

A receiving party may disclose confidential information when legally required if, where lawful, it provides prompt notice and reasonable assistance. Confidentiality obligations survive termination; trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

6. Disclaimers, liability, indemnity, and disputes

6.1 Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available.” Harbourside disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or suitable for every legal or business requirement. Some jurisdictions do not allow certain disclaimers, so portions of this section may not apply to you.

6.2 Limitation of liability

To the maximum extent permitted by law, neither party will be liable under these Terms for lost profits, lost revenue, lost data, business interruption, or indirect, incidental, special, consequential, exemplary, or punitive damages, even if advised that such damages were possible.

Except for payment obligations, misuse of the other party’s intellectual property, breach of confidentiality, indemnity obligations, fraud, willful misconduct, or liability that law does not permit a party to limit, each party’s aggregate liability arising from the applicable Service will not exceed the fees paid or payable to Harbourside for that Service during the 12 months before the event giving rise to the claim.

6.3 Client indemnity

You will defend, indemnify, and hold harmless Harbourside and its officers, directors, employees, and contractors from third-party claims, damages, penalties, and reasonable costs arising from Client Data, Client-directed communications, your violation of these Terms or law, or your gross negligence or willful misconduct. Harbourside will promptly notify you of a covered claim and provide reasonable cooperation. You may not settle a claim in a way that admits fault by or imposes a non-monetary obligation on Harbourside without our written consent.

6.4 Informal resolution and binding arbitration

Before filing a claim, the complaining party must send written notice describing the dispute and requested relief. The parties will attempt in good faith to resolve it for 30 days. Notices to Harbourside must be sent to the contact information in the Contact section.

Except for an eligible small-claims action or a request for temporary or injunctive relief to protect intellectual property, confidential information, security, or prevent unlawful use, any dispute arising from these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules. The arbitration will take place in Mecklenburg County, North Carolina, unless the parties agree to a remote proceeding or another location.

To the maximum extent permitted by law, disputes must be brought individually, not as a class, consolidated, collective, or representative action. Each party waives a jury trial for claims subject to arbitration.

These Terms are governed by North Carolina law, without regard to conflict-of-law rules. Courts located in Mecklenburg County, North Carolina have exclusive jurisdiction over claims not subject to arbitration.

6.5 Miscellaneous

These Terms, the policies incorporated here, and any applicable Order are the entire agreement concerning the Services and replace prior discussions on that subject. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified only as much as necessary and the remainder will continue in effect.

Neither party is liable for delay caused by events beyond its reasonable control, including natural disasters, labor or internet disruptions, government action, cyberattacks, widespread carrier or platform failures, or utility outages. You may not assign these Terms without Harbourside’s written consent; Harbourside may assign them in connection with a reorganization, financing, merger, acquisition, or sale of substantially all relevant assets.

You may not use the Services in violation of export controls, sanctions, or trade restrictions. Provisions that by their nature should survive termination—including payment, intellectual property, confidentiality, disclaimers, liability, indemnity, and dispute provisions—will survive.

6.6 Changes to these Terms

We may update these Terms to reflect service, legal, security, or operational changes. We will post the revised Terms and update the “Last Updated” date. If a change materially affects an ongoing paid Service, we may provide additional notice as required by the Order or applicable law. Changes do not retroactively alter an already-accrued dispute.

1. Harbourside communications

When you provide your phone number and give the consent requested at the point of collection, Harbourside may call or text you about your inquiry, requested service, appointment, account, support matter, or another purpose disclosed when you consent. Where the disclosure expressly permits it and law allows, calls or texts may use an automatic telephone dialing system, prerecorded message, artificial voice, or AI-assisted voice. Consent to marketing calls or texts is not a condition of purchase.

• Message frequency varies.
• Message and data rates may apply.
• Reply STOP to an SMS to opt out and HELP for help. We also honor other clear, reasonable revocation requests as required by law.
• A non-marketing confirmation may be sent after an opt-out request where permitted.
• Carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed.

2. Client-directed calls and texts

If you use the Services to place or facilitate calls or texts, you must:

• use contact data obtained lawfully and maintain evidence of the consent or other lawful basis that applies to each use;
• accurately identify the business responsible for the communication and use only registered or authorized numbers, brands, campaigns, and use cases;
• comply with federal and state calling-time, do-not-call, reassigned-number, disclosure, and suppression requirements;
• honor STOP and every other legally valid revocation request within the time required by law and prevent future communications covered by the request;
• treat a publicly available phone number or email address as contact information—not, by itself, as consent—and do not use purchased, rented, transferred, or shared messaging opt-in lists; and
• avoid misleading caller identification, spoofing, impersonation, harassment, or attempts to evade carrier or platform controls.

Carrier approval, A2P registration, number validation, or platform acceptance does not establish legal consent and does not shift compliance responsibility from you.

3. AI-generated or artificial voice

AI-generated, cloned, synthesized, prerecorded, and other artificial voices may be regulated as artificial or prerecorded voice calls. Use them only where the required consent, purpose, disclosures, identification, and opt-out mechanism are in place. Do not imitate a real person without lawful authority or use synthetic media to deceive, defraud, suppress participation, or misrepresent the source of a communication. Do not remove or bypass an AI, recording, or transcription disclosure configured by Harbourside.

4. Recordings and transcripts

A workflow may record or transcribe communications only when it has been configured to do so and the responsible party has provided or obtained all legally required notices and consents. Recording and transcription laws vary by jurisdiction and may depend on the location of every participant.

5. No emergency use

Unless an Order expressly establishes an approved emergency workflow, the Services are not an emergency dispatch service and should not be used as a substitute for 911, emergency medical, law-enforcement, fire, crisis, or other time-critical services.

1. Permitted use

Use the Services only for legitimate, authorized business purposes consistent with these Terms, the applicable Order, provider rules, and law. You may not use, direct, assist, or enable the Services to:

• violate law, another person’s rights, or a court, regulatory, carrier, or platform requirement;
• send spam, unlawful telemarketing, phishing, fraudulent, deceptive, harassing, threatening, hateful, or abusive communications;
• distribute malware, exploit vulnerabilities, interfere with systems, evade security controls, or gain unauthorized access;
• collect, disclose, sell, or process personal information without required authority, notice, consent, or safeguards;
• infringe intellectual property, publicity, privacy, or other rights;
• impersonate a person or organization, falsify caller or sender identity, create deceptive synthetic media, or conceal who is responsible for a communication;
• reverse engineer, scrape outside an approved interface, circumvent usage limits, resell access, share credentials, or probe the Services without written authorization;
• make a legal, credit, employment, housing, education, insurance, healthcare, or other high-impact decision about a person solely through an automated output without appropriate human review and legal authority;
• provide professional legal, medical, financial, or emergency advice as though an automated output were a qualified professional; or
• create a material risk of physical, financial, reputational, privacy, or security harm.

2. Investigation and enforcement

Harbourside may investigate suspected misuse and preserve relevant records as permitted by law. We may remove content, limit a workflow, suspend a campaign or account, notify an affected provider, or terminate Services when reasonably necessary to stop or prevent harm. We may disclose information to authorities or affected parties where legally required or permitted to address fraud, abuse, security, or safety.

Report suspected misuse to [email protected].

1. Commitments are defined by the Order

Harbourside configures each paid Service around an agreed scope. Coverage hours, staffing model, channels, volumes, response handling, escalation paths, deliverables, implementation steps, and support arrangements apply only if they are stated in the relevant Order or written service documentation.

2. Availability and maintenance

We use commercially reasonable efforts to operate and support the Services. Planned maintenance, emergency maintenance, third-party failures, internet and carrier conditions, Client systems, unauthorized changes, usage outside documented limits, and force-majeure events may affect availability or performance.

3. Client dependencies

Timelines and performance depend on timely access, accurate content, functioning Client and third-party systems, approvals, lawful data, testing participation, and identified decision owners. Harbourside is not responsible for delay or degradation caused by a missing dependency or a change made outside our control.

4. Support and incident handling

Support is provided through the channels and hours stated in the Order or current service instructions. We prioritize confirmed security, availability, and production-impact issues based on severity, scope, available information, and the systems involved. Acknowledgment, investigation, mitigation, and full resolution are different stages and may require action by a Client or third party.

5. Service-specific remedies

Any uptime commitment, service credit, re-performance right, refund, or other service-level remedy must be expressly stated in the Order. If stated, that remedy is governed by its defined measurement method, exclusions, request process, and limits.

1. AI-assisted Services

Certain Services use machine learning, generative AI, synthetic voice, transcription, classification, retrieval, or other automated tools. Depending on the configured workflow, these tools may help answer questions, summarize information, collect details, draft content, route work, or complete an approved routine action.

2. Limitations

AI output is probabilistic and may be inaccurate, incomplete, biased, offensive, duplicated, or outdated. It may misunderstand a speaker, prompt, source, or context. Output may not be unique, protectable, or free of third-party rights. Output is not legal, medical, financial, employment, safety, or other professional advice, and it should not be treated as an independently verified fact.

3. Human review and accountability

Clients must determine where human review, approval, authentication, or escalation is appropriate. Material claims, commitments, decisions, customer-facing content, and actions should be checked before reliance. Automated output must not be the sole basis for a high-impact decision about a person where law or sound risk management calls for meaningful human involvement.

4. Transparency and identity

Harbourside and Clients must provide AI, automation, recording, or synthetic-media disclosures when required by law or the context. An AI-assisted system may speak in the Client’s approved brand voice, but it may not deceptively impersonate a real individual or misrepresent its authority.

5. Data and third-party models

Do not enter regulated, confidential, or sensitive information into an AI-assisted feature unless the Order and configuration expressly support it. AI features may rely on Third-Party Services with separate data, usage, output, and availability terms. Personal information processing is described in the Privacy Policy.

6. Responsible AI principles

Harbourside’s operating principles are practical:

• Human accountability: identify an owner for important decisions, exceptions, and escalations.
• Defined purpose: configure a workflow around an approved job, audience, information source, and boundary.
• Proportionate review: apply stronger testing and oversight when the possible harm is higher.
• Privacy and security: minimize data, limit access, and avoid unsupported sensitive uses.
• Transparency: make required disclosures and avoid deceptive identity or capability claims.
• Correction: provide a practical path for clarification, human handoff, and remediation.

1. Technologies we may use

Harbourside websites may use cookies, pixels, tags, local storage, and similar technologies. Depending on the page and configuration, these technologies may be:

• Essential — needed for security, forms, sessions, load balancing, and core site functions;
• Functional — used to remember preferences or support embedded features;
• Analytics — used to understand traffic, performance, and how visitors use the site; or
• Advertising or marketing — used, where enabled and permitted, to measure campaigns or support audience-based advertising.

2. Third-party technologies

Providers of analytics, forms, scheduling, communications, embedded media, and advertising tools may place or read their own technologies when those features are present. Their practices are governed by their own policies. The tools active on a page may change as Harbourside updates the website.

3. Your choices

You can manage cookies through available site controls and your browser or device settings. Blocking some technologies may prevent a page or embedded feature from working correctly. Where applicable law treats certain analytics or advertising activity as a sale, sharing, or targeted advertising, you may exercise the related right as described in the Privacy Policy.

Questions and legal notices

Contact Harbourside about these Terms, a billing question, an opt-out request, or suspected misuse: