Terms of Service

1. Acceptance of Terms

By accessing the website at harbeni.com or utilizing the services, software, or AI agents provided by Harbeni ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions, you must not use our services.

2. Description of Services

Harbeni provides custom artificial intelligence agents, Retrieval-Augmented Generation (RAG) architectures, high-performance web development, and operational workflow automation (collectively, the "Services").

3. Artificial Intelligence Disclaimer & Acknowledgment

You expressly acknowledge and agree that:

• Probabilistic Nature: The AI agents, Large Language Models (LLMs), and automated workflows deployed by Harbeni operate on probabilistic algorithms. While engineered for elite precision, they are not infallible.
• Human Oversight Requirement: The outputs generated by our AI systems (including text, data retrieval, and automated actions) may occasionally contain errors, omissions, or "hallucinations." You are solely responsible for implementing adequate human oversight and review protocols before relying on or publishing AI-generated output.
• No Absolute Guarantees: Any performance metrics, efficiency gains, or error rates listed in marketing materials are illustrative estimates. Harbeni makes no absolute guarantees regarding continuous uptime, total elimination of errors, or specific financial outcomes.

4. No-Code & Third-Party Platform Reliance

The Services, including web hosting and AI integrations, rely on third-party infrastructure (e.g., Vercel, Supabase, Google Gemini). Harbeni is not liable for any downtime, data loss, API deprecations, or service interruptions caused by these third-party providers. Any advertised uptime metrics refer exclusively to Harbeni's internal system architecture and are subject to the uptime of our foundational platform partners.

5. Autonomous Actions and Client Indemnification

Harbeni develops AI agents capable of autonomous communication and workflow execution. You, the Client, are solely responsible for reviewing the boundaries, prompts, and permissions of these agents before deployment. Harbeni assumes no liability for any financial loss, reputational damage, or loss of business resulting from autonomous actions, logic failures, or unauthorized promises made by the AI agents. The Client agrees to indemnify and hold Harbeni harmless against any claims arising from the AI agent's interactions with the Client's end-users.

6. AI Security and Prompt Injection

While Harbeni utilizes secure API architectures, AI models are inherently susceptible to adversarial attacks, including "prompt injection" or "jailbreaking." Harbeni is not liable for any unauthorized data disclosure, system manipulation, or service disruption resulting from malicious exploitation of the AI agents by third parties or end-users.

7. Compliance with Communications Laws

If the Client utilizes Harbeni's workflow automation or AI agents for outbound marketing, cold calling, or SMS messaging, the Client is strictly and solely responsible for ensuring compliance with all applicable anti-spam and telemarketing laws, including but not limited to Canada's Anti-Spam Legislation (CASL) and the Telephone Consumer Protection Act (TCPA). Harbeni provides the technical infrastructure only and disclaims any liability for the Client's failure to obtain necessary user consent.

8. Intellectual Property

Unless otherwise agreed in a separate Master Services Agreement, Harbeni retains all rights, title, and interest in the underlying proprietary software, AI architectures, and neural logic developed by us. Clients are granted a limited, non-exclusive license to use the deployed systems for their internal business operations.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Harbeni shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. In no event shall Harbeni's total liability exceed the amount you paid to us for the specific Service in the three (3) months preceding the claim.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Ontario.