Terms of Service

1. Who we are.

Hark is an AI safety and research company working to build reliable, interpretable, and steerable AI systems. We conduct frontier research, develop and apply a variety of safety techniques, and deploy the resulting systems via a set of partnerships and products.

2. Account Creation and Access.

Minimum age.

You must be at least 18 years old or the minimum age required to consent to use the Services in your location, whichever is higher.

Your Hark Account.

To access our Services, we may ask you to create an Account. You agree to provide correct, current, and complete Account information and allow us to use it to communicate with you about our Services. Our communications to you using your Account information will satisfy any requirements for legal notices.

You may not share your Account login information or Account credentials with anyone else. You also may not make your Account available to anyone else. You are responsible for all activity occurring under your Account, and you agree to notify us immediately if you become aware of any unauthorized access to your Account by sending an email to support@Hark.com. You may also close your Account at any time by contacting us at support@Hark.com.

3. Use of our Services.

You may access and use our Services only in compliance with our Terms, including our Privacy Policy, Usage Policy, Data Processing Addendum, and any documentation, guidelines, or policies we may post on the in our Privacy Center. You are responsible for all activity under the account through which you access the Services.

You may not access or use, or help another person to access or use, our Services in the following ways:

• In any manner that violates any applicable law or regulation—including, without limitation, any laws about exporting data or software to and from the United States or other countries.
• To infringe, misappropriate, or violate intellectual property or other legal rights (including the rights of publicity or privacy).
• To develop any products or services that compete with our Services, including to develop or train any artificial intelligence or machine learning algorithms or models or resell the Services.
• To decompile, reverse engineer, decompile, disassemble, or discover the source code or underlying components of our Services, including our models, algorithms, prompts, architecture, or any other component or configuration of such (except to the extent this restriction is prohibited by applicable law).
• Modify, copy, lease, sell or distribute any of our Services.
• To crawl, scrape, or otherwise harvest data or information from our Services other than as permitted under these Terms.
• To use our Services, the Content, or the Actions to obtain unauthorized access to any system or information, or to deceive any person.
• Except where we explicitly permit it, to access the Services through automated or non-human means, whether through a bot, script, or otherwise.
• To engage in any other conduct that restricts or inhibits any person from using or enjoying our Services, or that we reasonably believe exposes us—or any of our users, affiliates, or any other third party—to any liability, damages, or detriment of any type, including reputational harms.
• Represent that Output was human-generated when it was not.
• To rely upon the Services, the Content, or the Actions to buy or sell securities or to provide or receive advice about securities, commodities, derivatives, or other financial products or services, as Hark is not a broker-dealer or a registered investment adviser under the securities laws of the United States or any other jurisdiction.

You also must not abuse, harm, interfere with, or disrupt our Services, including, for example, introducing viruses or malware, spamming or DDoSing Services, or bypassing any of our systems or protective measures.

4. Inputs, Outputs, Actions, and Content.

Generally.

You may be allowed to interact with our Services in a variety of formats (we call these “Inputs”). Our Services may generate responses (we call these “Outputs”), or enable the Services to take actions on your behalf, such as software manipulation, data processing, and system interactions (we call these “Actions”), based on your Inputs. Inputs and Outputs collectively are “Content.”

Local Environment Access Features.

Certain features of the Service may require access to your local device environment, including but not limited to browser extensions, desktop applications, or other locally-installed software (“Local Access Features”). By enabling any Local Access Feature, you:

• Grant us permission to access and operate within your local environment, including utilizing your existing login sessions, authentication tokens, cookies, and network connection;
• Acknowledge that actions executed through Local Access Features may be attributed to you by third-party services and that you are solely responsible for compliance with such third parties’ terms of service;
• Accept that we are not liable for any consequences arising from third-party services detecting, restricting, or terminating your access due to automated operations conducted through Local Access Features; and
• Understand that you may disable Local Access Features at any time, but doing so may limit the functionality of the Service.

Rights and Responsibilities.

You are responsible for all Inputs you submit to our Services and all Actions. By submitting Inputs to our Services, you represent and warrant that:

• you have all rights, licenses, and permissions that are necessary for us to process the Inputs under our Terms and to provide the Services to you, including for example, to integrate with third-party services, to share Content with others at your direction, and to take Actions.
• your submission of the Inputs to us or directing Hark to take Actions will not violate our Terms, our Usage Policy, or any laws or regulations applicable to those Inputs or Actions.

As between you and Hark, and to the extent permitted by applicable law, you retain any right, title, and interest that you have in the Inputs you submit.

Subject to your compliance with our Terms, we assign to you all of our right, title, and interest—if any—in Outputs. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.

Reliance on Outputs and Actions.

Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use our Services you understand and agree:

• Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
• Our Services may provide incomplete, incorrect, or offensive Output that does not represent Hark’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Hark.

Our use of Content.

We may use Content to provide, maintain, and improve the Services and to develop other products and services, including training our models, unless you opt out of training through your account settings. Even if you opt out, we will use Content for model training when: (1) you provide Feedback to us regarding any Content, or (2) your Content are flagged for safety review to improve our ability to detect harmful content, enforce our policies, or advance our safety research.

5. Subscriptions, Fees and Payment.

Fees and billing.

You may be required to pay the fees to access or use our Services or certain features of our Services. You are responsible for paying any applicable fees listed for the Services unless otherwise communicated to you by Hark in writing.

If you purchase access to our Services or features of our Services, you must provide complete and accurate billing information (“Payment Method”). You agree that we may charge the Payment Method for any applicable fees listed on our Services and any applicable tax. If the fees for these Services or features are specified to be recurring or based on usage, you agree that we may charge these fees and applicable taxes to the Payment Method on a periodic basis.

Third-Party Processors.

We use Stripe as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (“Payment Processor”). If you make a purchase on the Services, you will be required to provide your payment details and any additional information required to complete your order directly to our Payment Processor. You agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize us and Payment Processor to share any information and payment instructions you provide with one or more Payment Processor(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Payment Processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Payment Processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Payment Processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

You agree that we will not be held liable for any errors caused by third-party payment processors used to process fees paid by you to us.

Except as expressly provided in these Terms or where required by law, all payments are non-refundable. Please check your order carefully before confirming it, and see below for additional information about recurring charges for our subscriptions.

Additional fees.

We may increase fees for our Services. If we charge additional fees in connection with our Services, we will give you an opportunity to review and accept the additional fees before you are charged. Also, additional fees may apply for additional Services or features of the Services that we may make available. If you do not accept any such additional fees, we may discontinue your access to the Services or features.

Subscriptions.

To access Hark.ai and other subscription services we may make available to individuals, you must sign up for a subscription with us (a “Subscription”), first by creating an Account, and then following the subscription procedure on our Services. When you sign up for a Subscription, you agree to these Terms.

Subscription content, features, and services.

The content, features, and other services provided as part of your Subscription, and the duration of your Subscription, will be described in the order process. We may change the content, features, and other services from time to time, and we do not guarantee that any particular piece of content, feature, or other service will always be available through the Services.

Subscription term and automatic renewal.

If you sign up for a paid Subscription, we will automatically charge your Payment Method on each agreed-upon periodic renewal date until you cancel. If your Subscription has a minimum term (the “Initial Term”), we will let you know during the order process. Your Subscription will last for the Initial Term and will automatically renew, and your Payment Method will be charged, at the end of the Initial Term for an additional term equal in duration to the Initial Term and will continue to renew and incur charges for additional terms equal in duration to the Initial Term (each such additional term, a “Renewal Term”) until you cancel.

Subscription cancellation.

If you subscribed via our website, you may cancel your Subscription for any reason by using a method we may provide to you through our products—for example, in your customer portal—or by notifying us at support@Hark.com. To avoid renewal and charges for the next Renewal Term, cancel your subscription at least 24 hours before the last day of the Initial Term or any Renewal Term. For example, if you subscribe on May 10th for a Subscription with a one-month Initial Term, you must cancel the Subscription per the instructions by June 8th (24 hours before June 9th) to avoid renewal and charges for the next Renewal Term. In the event of a cancellation, your fees will not be refunded, but your access to the Services will continue through the end of the Initial Term or any Renewal Term for which you previously paid fees.

Additional cancellation rights.

If you are a resident of Brazil, Mexico, South Korea, or Taiwan, you have a legal right to change your mind and cancel the Subscription within 7 days of entering into the Subscription without giving a reason.

To exercise the right to cancel in the 7-day cancellation period, you must inform us of your decision to cancel the Subscription by making a clear statement to us of such decision before the cancellation period has expired. The easiest way to do this is by cancelling your subscription in the customer portal, or you may contact us at support@Hark.com. For further details on how to cancel, please see support@Hark.com. We will acknowledge your cancellation, e.g., through our online customer portal or console.

If you cancel the Subscription under this section, we will reimburse you all payments received from you for the cancelled Subscription. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Subscription. We will make the reimbursement using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the reimbursement.

If you would like to use the Services during the 7-day cancellation period, you may do so. If you have used the Services during the 7-day cancellation period, and wish to cancel the Subscription, you can still do so, but we may retain an amount which is in proportion to what has been provided until you have communicated us your withdrawal from these Terms, in comparison with the full coverage of the Subscription.

The 7-day cancellation period will not reset if you change subscription tiers or cancel and then resubscribe, as you have already had an opportunity to test the Services.

Subscription fees.

You will pay the fees to us for the Initial Term and each subsequent Renewal Term up front, at the start of that Initial Term or Renewal Term, as applicable. We have the right to make changes to the fees applicable to your Subscription from time to time, although we will not make any change to the fees applicable to your Subscription during the current Initial Term or Renewal Term, as applicable. If these changes result in an increase in the fees payable by you, we will inform you at least 30 days in advance of the change. You agree to the increase in fees payable by you unless you cancel the Subscription, as described in the paragraph (Subscription cancellation) immediately above, before the Renewal Term to which the increase in fees will apply.

6. Third-party Services and Links.

Third-Party Content.

Our Services may use or be used in connection with third-party content (“Third-Party Content”), services, or integrations. We do not control or accept responsibility for any loss or damage that may arise from your use of any Third-Party Content, services, and integrations, for which we make no representations or warranties. Your use of any Third-Party Content, services, and integrations is at your own risk and subject to any terms, conditions, or policies (including privacy policies) applicable to such third-party content, services, and integrations.

Third Party Accounts.

The Services may allow you to provide content from third-party services where you maintain an account (“Third Party Account”). By allowing Company to access your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to Company and/or grant Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third-party service providers. By granting Company access to any Third-Party Account, you understand that Company may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through the Services. Unless otherwise specified in this Agreement, all Third-Party Account Content is considered to be Your Content (as defined below) for all purposes of this Agreement.

YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

Messaging Services.

Company may offer one or more mobile message programs (collectively, the “Message Service”) that allow users to receive SMS/MMS.

Third-Party Websites, Applications and Ads.

The Services may contain links to third-party websites, applications, advertisements for third parties, and may allow or require you to integrate and/or use third-party services, including but not limited to payment processors, social media login services, data analysis tools, or other third-party applications (collectively, the “Third-Party Services”).

When you click on a link to or integrate any Third-Party Service, we will not warn you that you have left the Service and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under our control. We are not responsible for any Third-Party Services and we provide these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith.

If you, as a Space Owner, choose to integrate any Third-Party Services such as Stripe for payments or Google for authentication on your Space, you are responsible for:

• creating and managing your accounts with those third parties.
• ensuring your use of Third-Party Services complies with all their applicable terms, conditions, policies, and legal requirements of such third parties;
• handling all transactions, disputes, refunds, fraud claims, and data breach incidents arising from the Third-Party Services;
• maintaining the security of your accounts and credentials with the Third-Party Services;
• verifying and managing the technical compatibility, performance, and output results of the Third-Party Services.

Under no circumstances shall Company be liable for any Third-Party Services, including without limitation:

• the availability, performance, interruption, termination, or security of any Third-Party Service;
• the accuracy, legality, or compliance of any content provided by the Third-Party Services;
• any loss or damage suffered by you or any Space End Users due to the use of or inability to use any Third-Party Service;
• data processing or practices of any Third-Party Service;
• any disputes between you and any Third-Party Service provider.

You use all Third-Party Services at your own risk and shall be solely responsible for any consequence arising from your use of Third-Party Services. By using any Third-Party Service through our Service, you expressly release and discharge Company from any and all claims, demands, or damages (whether direct, indirect, or consequential) arising out of or in any way connected with such Third-Party Services. When you leave our Service, this Agreement and our policies no longer govern. Your relationship with any third parties on such Third-Party Services is governed solely by your agreement with them. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

7. Content Moderation.

Third-Party Content is the responsibility of the person or entity that provides it to our Services. Hark is under no obligation to host or serve Third-Party Content. Third-Party Content may appear in Inputs or Outputs and become part of Content. If you see any Third-Party Content you believe does not comply with these Terms, including by violating the Usage Policy or the law, you can report it to us.

If we become aware that any Third-Party Content (1) is in breach of these Terms or our Usage Policy, or (2) may cause harm to Hark, our users, or third parties, we reserve the right to remove or take down some or all of such Third-Party Content using, where appropriate, algorithmic and human review.

If you believe that your intellectual property rights have been infringed, please contact us. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

8. Software.

We may offer manual or automatic updates to our software including our apps (“Hark Software”), without advance notice to you. Hark Software may include open source software. In the event of any conflict between these Terms and any other Hark or third-party terms applicable to any portion of Hark Software, such as open-source license terms, such other terms will control as to that portion of the Hark Software and to the extent of the conflict.

9. Ownership of the Services.

The Services are owned, operated, and provided by us and our affiliates, licensors, distributors, and service providers (collectively “Providers”). We and our Providers retain all of our respective rights, title, and interest, including intellectual property rights, in and to the Services. Other than the rights of access and use expressly granted in our Terms, our Terms do not grant you any right, title, or interest in or to our Services.

10. Changes to Service.

Changes to the Services.

Our Services are novel and will change. We may sometimes add or remove features, increase or decrease capacity limits, offer new Services, or stop offering certain Services.

Unless we specifically agree otherwise in a separate agreement with you, we reserve the right to modify, suspend, or discontinue the Services or your access to the Services, in whole or in part, at any time without notice to you. Although we will strive to provide you with reasonable advance notice if we stop offering a Service, there may be urgent situations—such as preventing abuse, responding to legal requirements, or addressing security and operability issues—where providing advance notice is not feasible. We will not be liable for any change to or any suspension or discontinuation of the Services or your access to them.

11. Termination.

You may stop accessing the Services at any time.

We may suspend or terminate your access to the Services (including any Subscriptions) at any time without notice to you if we believe that you have breached these Terms, or if we must do so in order to comply with law.

If we terminate your access to the Services due to a violation of these Terms and you have a Subscription, you will not be entitled to any refund.

In addition, if you have a Subscription, we may terminate the Subscription at any time for any other reason. If we exercise this right and you purchased the subscription via our website, we will refund you, on a pro rata basis, the fees you paid for the remaining portion of your Subscription after termination.

We may also terminate your Account if you have been inactive for over a year and you do not have a paid Account. If we terminate your Account due to inactivity, we will provide you with notice before doing so.

Upon termination of these Terms, a Subscription, or your access to the Services, we may at our option delete any Content or other data associated with your Account. Sections 5 (with respect to fees outstanding as of such expiration or termination) and 9–12 will survive any expiration or termination of our Terms or a Subscription.

12. Disclaimer of Warranties, Limitations of Liability, and Indemnity.

Our team works hard to provide great services, and we’re continuously working on improvements. However, there are certain aspects we can’t guarantee. We are using ALL CAPS to explain this, to make sure that you see it.

YOUR USE OF THE SERVICES, MATERIALS, AND ACTIONS IS SOLELY AT YOUR OWN RISK. THE SERVICES, OUTPUTS, AND ACTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR PROVIDERS, OR OUR OR THEIR RESPECTIVE AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “HARK PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE MATERIALS, THE ACTIONS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF ANY HARK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND EVEN IF THE DAMAGES ARE FORESEEABLE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE HARK PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE CONTENT, THE ACTIONS, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US FOR ACCESS TO OR USE OF THE SERVICES (IF ANY) IN THE SIX MONTHS PRECEDING THE DATE SUCH DAMAGES, LOSSES, AND CAUSES OF ACTION FIRST AROSE, AND $100. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICES TO YOU UNDER THESE TERMS WITHOUT THESE LIMITATIONS.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE HARK PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS; YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES, THE CONTENT, OR THE ACTIONS; YOUR FEEDBACK; ANY PRODUCTS OR SERVICES THAT YOU DEVELOP, OFFER, OR OTHERWISE MAKE AVAILABLE USING OR OTHERWISE IN CONNECTION WITH THE SERVICES; YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; AND ANY ACTUAL OR ALLEGED FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY YOU OR YOUR EMPLOYEES OR AGENTS. WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU HEREUNDER, IN WHICH CASE YOU AGREE TO COOPERATE WITH US AND SUCH SEPARATE COUNSEL AS WE REASONABLY REQUEST.

THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU.

OUR PROVIDERS ARE INTENDED THIRD PARTY BENEFICIARIES OF THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 12.

13. Dispute Resolution.

YOU AND HARK AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

Mandatory Arbitration.

You and Hark agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by filling out this form. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

Informal dispute resolution.

We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through our contact form. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Arbitration forum.

If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable.

Hark will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Arbitration procedures.

The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions.

This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

Class and jury trial waivers.

YOU AND HARK AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE PROHIBITED. ONLY INDIVIDUAL RELIEF IS AVAILABLE. THE PARTIES AGREE TO SEVER AND LITIGATE IN COURT ANY REQUEST FOR PUBLIC INJUNCTIVE RELIEF AFTER COMPLETING ARBITRATION FOR THE UNDERLYING CLAIM AND ALL OTHER CLAIMS. THIS DOES NOT PREVENT EITHER PARTY FROM PARTICIPATING IN A CLASS-WIDE SETTLEMENT. YOU AND HARK KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM.

Batch arbitration.

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Hark agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability.

If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

Equitable relief.

You agree that (a) no adequate remedy exists at law if you breach Section 3 (Use of Our Services); (b) it would be difficult to determine the damages resulting from such breach, and any such breach would cause irreparable harm; and (c) a grant of injunctive relief provides the best remedy for any such breach. You waive any opposition to such injunctive relief, as well as any demand that we prove actual damage or post a bond or other security in connection with such injunctive relief.

14. General Terms.

Changes to these terms.

We may revise and update these Terms at our discretion. Some examples of times we may update these Terms include (1) to reflect changes in our Services, like when we add or remove features or services, or update our pricing, (2) for security or legal reasons, or (3) to promote safety or prevent abuse. If you continue to access the Services after we post the updated Terms on Hark’s website or otherwise give you notice of Terms changes, then you agree to the updated Terms. If you do not accept the updated Terms, you must stop using our Services.

Supplemental terms.

We may offer Services or features that we believe require service-specific terms or guidelines. When using our Services, you agree to comply with any applicable guidelines, rules, or supplemental terms that may be posted on the Services from time to time (“Supplemental Terms”). If these Terms conflict with Supplemental Terms, the Supplemental Terms will govern for the applicable Service.

Entire agreement.

These Terms and any other terms expressly incorporated by reference form the entire agreement between you and us regarding the subject matter of our Terms.

Severability.

If a particular Term or portion of these Terms is not valid or enforceable, this will have no effect on any other Terms.

No waiver.

Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.

No assignment.

These Terms may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.

Use of our brand.

You may not, without our prior written permission, use our name, logos, or other trademarks in connection with products or services other than the Services, or in any other way that implies our affiliation, endorsement, or sponsorship.

Export Controls.

You may not export or provide access to the Services into any U.S. embargoed countries or to anyone on (i) the U.S. Treasury Department’s list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists. You represent and warrant that you and anyone accessing or using the Services on your behalf, or using your Account credentials, are not such persons or entities and are not located in any such country.

Legal Compliance.

We may comply with governmental, court, and law enforcement requests or requirements relating to provision or use of the Services, or to information provided to or collected under our Terms. We reserve the right, at our sole discretion, to report information from or about you, including but not limited to Inputs, Outputs, or Actions to law enforcement.