Terms of Service — Harvesty

Last updated: June 22, 2026 (the "Effective Date").

These Terms of Service (the "Terms" or this "Agreement") form a binding contract between Harvesty, a service operated by its owner (the "Company", "Harvesty", "we", "us", or "our"), and the business that registers for or uses the Services (the "Customer", "you", or "your"). Harvesty is not yet incorporated; the operator's legal entity details will be provided here once Harvesty is incorporated. You can reach us at support@harvesty.ca, and a mailing address is available on request. These Terms govern your access to and use of the Harvesty platform, websites (including harvesty.ai and harvesty.ca), applications, AI Assistant, telephony and messaging features, and related services (collectively, the "Services").

You are the caller and sender. This is the single most important principle of this Agreement, and it is repeated throughout. For every call, message, or other communication that the AI Assistant initiates, answers, or transmits on your behalf, you — not Harvesty — are the legal originator, caller, and sender. Harvesty is only a tool that acts on your instructions and configuration. You are solely responsible for having a lawful basis and any required consent to contact each person, and for compliance with all applicable telecommunications, telemarketing, anti-spam, do-not-call, consumer-protection, and privacy laws, as detailed in Sections 4 (Customer Responsibilities & Acceptable Use), 5 (Consent, Do-Not-Call & Telemarketing Compliance), and 14 (Indemnification).

AI and synthetic voice disclosure. The Services use artificial intelligence, and the AI Assistant may speak in a synthetic or AI-generated voice. You are responsible for disclosing, where required by law, that the person is interacting with an automated or AI system, and for configuring the Services to make any such disclosure.

Acceptance of these Terms. You accept this Agreement and agree to be bound by it when you do any of the following, whichever occurs first: (a) click a checkbox, button, or similar control indicating acceptance (for example, "I agree," "Accept," or "Create account") during sign-up or onboarding (a "click-through" acceptance); (b) electronically sign or otherwise indicate assent to these Terms; (c) create, register, or configure an Account; or (d) otherwise access or use any part of the Services. Acceptance through a click-through control during onboarding constitutes a valid, enforceable electronic agreement; you consent to contract by electronic means and agree that your electronic acceptance has the same legal effect as a handwritten signature. If you do not agree to this Agreement, you must not access or use the Services. Your continued use of the Services after any update to these Terms constitutes acceptance of the updated Terms, as described in Section 14 (Changes to These Terms).

The version of these Terms in force is the one published on our website on the date you access or use the Services. We may update them as described in Section 14.

Language (Bill 96). These Terms are provided in French and English. For Customers located in Quebec, the French version governs in the event of any conflict or inconsistency between the two versions.

Relationship to the Privacy Policy. Your use of the Services is also governed by our Privacy Policy, which is incorporated into and forms part of these Terms. The Privacy Policy describes how we collect, use, retain, and protect information, including call recordings, transcripts, and logs. There is no separate data processing addendum, order form, or master agreement; these Terms together with the Privacy Policy are the complete agreement between you and Harvesty for the Services.

Recordings, transcripts, and logs. Call recordings, transcripts, and logs are kept while your account is active and for 12 months after your subscription ends, after which they are deleted or anonymized, unless a longer retention period is required by law.

Dispute resolution. Harvesty does not require arbitration and does not impose a class-action waiver. Before starting any formal proceeding, you and Harvesty agree to attempt in good faith to resolve any dispute informally for a period of 30 days after written notice of the dispute is given. If the dispute is not resolved within that period, it will be brought before the courts of the judicial district of Montréal, Quebec, which the parties choose as the venue for any such dispute, subject to any non-waivable rights you may have under applicable law.

1. Definitions, Eligibility & Incorporated Documents

1.1 Eligibility; Business-to-Business Only

The Services are intended exclusively for business-to-business (B2B) use by businesses such as Quebec real-estate brokers, agencies, and small businesses, in the course of their commercial activities. They are not intended for, and may not be used as, a consumer product for personal, family, or household purposes.

By accepting these Terms, you represent and warrant that: (a) you are accepting them on behalf of a business entity, organization, sole proprietorship, or other legal person, and not as a consumer; (b) you and each Authorized User are at least the age of majority in your jurisdiction of residence and have the legal capacity and authority to enter into a binding contract; (c) you operate a lawful business and will use the Services only for legitimate business purposes; and (d) you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive sanctions, and are not a person or entity with whom dealings are prohibited under applicable sanctions or export-control laws.

Authority to bind. The individual who accepts these Terms (the "Authorized Representative") represents and warrants that they have the full legal right, power, and authority to enter into this Agreement on behalf of the Customer and to bind it. If you accept these Terms without authority to bind a business, you accept them personally and are individually bound by all obligations of the "Customer", in addition to any liability of the business on whose behalf you purported to act.

Harvesty is a software tool and does not provide legal, regulatory, real-estate brokerage, telemarketing-compliance, or other professional advice. Nothing in this Agreement limits any non-waivable statutory right that applies to you.

1.2 Incorporated Documents; Order of Precedence

This Agreement incorporates by reference our Privacy Policy and our Acceptable Use Policy (Section 4) (together with these Terms, the "Incorporated Documents"). These Terms include the substance of how we handle, secure, locate, and retain personal information on the Customer's behalf; that substance, together with the Privacy Policy, governs those matters. In the event of a conflict, the order of precedence is: (a) these Terms; and (b) the other Incorporated Documents, unless a document expressly states otherwise. For matters concerning the handling, security, location, and retention of personal information, the Privacy Policy governs in the event of a conflict.

1.3 Definitions

Capitalized terms used in this Agreement have the meanings given where they are first defined (shown in bold) or as set out below. Singular includes plural and vice versa. Words such as "including," "include," and "for example" are illustrative and not limiting (read as "including without limitation").

"Account" — the registered account through which the Customer accesses and configures the Services, including all settings, Credentials, and Account Balance associated with it.
"Account Balance" — the prepaid, stored monetary value the Customer loads to its Account and from which Usage Charges are deducted, as described in Section 9.
"AI Assistant" (also the "AI" or "virtual assistant") — the artificial-intelligence functionality (including the automated voice agent, language models, speech-synthesis and speech-recognition systems, and related machine-learning systems) that places and answers calls in a synthetic, automated voice, sends and receives SMS, qualifies leads, and books appointments, in each case acting on the Customer's Configuration and instructions. The AI Assistant identifies itself as a virtual/automated assistant and may make mistakes, as described in Section 3.
"Authorized Representative" — the individual who accepts this Agreement on behalf of, and with authority to bind, the Customer (see Section 1.1).
"Authorized User" — any individual the Customer permits to access or use the Services under its Account.
"Communications" — any inbound or outbound voice call, voicemail, or SMS/text message handled, placed, answered, generated, or received by or through the Services.
"Company" / "Harvesty" — Harvesty, a service operated by its owner, as described in the header. Harvesty is not yet incorporated; the operator's legal entity details will be provided once Harvesty is incorporated.
"Configuration" / "Customer Configuration" — the scripts, prompts, personas, opening lines, disclosures, voice settings, greetings, knowledge and data, contact lists, feature toggles, and other content and settings the Customer or its Authorized Users provide to or enable on the Services to control how the AI Assistant speaks and behaves.
"Content" / "Customer Content" — all data, text, prompts, scripts, personas, voices, greetings, contact lists, recordings, transcripts, messages, configurations, and other materials that the Customer or its Authorized Users provide to, generate through, or transmit using the Services, and any output the AI Assistant generates from them.
"Credentials" — usernames, passwords, API keys, tokens, and connected third-party authorizations used to access the Account.
"Customer" / "you" / "your" — the business on whose behalf this Agreement is accepted and that uses the Services.
"End Contact" — any natural or legal person that the Customer's use of the Services causes to be called, messaged, or otherwise contacted (whether the Customer places the communication or receives an inbound communication routed through the Services), and whose personal information may be collected, used, or processed as a result.
"Personal Information" — information about an identifiable individual, as defined under applicable privacy laws, including Law 25, the federal PIPEDA, and comparable laws.
"Services" — the Harvesty platform, websites, applications, AI Assistant, telephony and messaging features, and all related products, features, and support that Harvesty makes available, as updated from time to time.
"Subprocessor" / "Third-Party Provider" — a third party engaged to support delivery of the Services, including telephony providers (e.g., Telnyx), real-time media providers (e.g., LiveKit), AI model/voice providers (e.g., Google Gemini), database and storage providers (e.g., Supabase), and payment processors (e.g., Stripe). See Section 8 and the Privacy Policy.
"Subscription" — a recurring plan to which the Customer subscribes for access to the Services or specified features, billed periodically as described in Section 9.
"Telecommunications Laws" / "Communications Laws" — the laws, rules, and codes governing calls and messages, including (in Canada) the CRTC Unsolicited Telecommunications Rules, CASL (Canada's Anti-Spam Legislation), the National Do Not Call List (DNCL), Quebec's Consumer Protection Act, and Law 25; and (in the United States, where applicable) the TCPA, in each case as amended.
"Third-Party Services" — any product, service, integration, or infrastructure not provided by Harvesty that the Customer connects to or relies on, including Subprocessors and calendar, CRM, or messaging integrations.

2. Description of the Services & Account

2.1 Overview

Harvesty is a bilingual (English/French) software-as-a-service platform that provides an AI Assistant designed to handle voice and text Communications on behalf of the Customer. When you use the Services, you direct Harvesty to act as an automated tool operating under your instructions, settings, scripts, and Credentials. For every call placed or answered and every message sent or received through the Services, the Customer is the legal originator, caller, and sender, and Harvesty is solely the technical means by which the communication is carried out (see Sections 4 and 5).

2.2 What the Services Do

Subject to your plan, Configuration, and Account Balance, the Services may include the following. Not every feature is available on every plan or in every region; the features available to you are those enabled in your Account.

AI Inbound Calls. The AI Assistant answers incoming calls in a synthetic voice that identifies as a virtual assistant, greets callers, responds to questions, follows your scripts and persona, captures information, and routes or escalates calls per your settings.
AI Outbound Calls. Where enabled (including calling contacts from a list you provide), the AI Assistant places calls to End Contacts you supply or approve, again using a synthetic voice that identifies as a virtual assistant. You alone select, supply, and approve the End Contacts, timing, scripts, and content.
SMS / Text Messaging. Send and receive SMS, including two-way conversations, AI-assisted replies, and templates you configure. Carrier registration (such as A2P/10DLC where applicable), opt-out handling, and message content remain your responsibility (Sections 4–5).
Lead Qualification. Ask qualifying questions, collect and summarize information, score or categorize leads, and record results for your review.
Calendar Booking & Appointments. Schedule, reschedule, or cancel appointments and synchronize them with a calendar service you connect (e.g., Google or Microsoft/Outlook), subject to that third party's terms and to selecting an active calendar in your settings.
AI Coaching (optional). Simulated mock calls and automated scoring for training only. Coaching simulations are illustrative, do not involve real End Contacts, and do not constitute professional, sales, or legal advice.
Dashboards, Transcripts & Records. Access to call and message logs, transcripts, recordings (where enabled and lawful), analytics, and related records.

Recordings, transcripts, and logs generated through the Services are kept while your Account is active and for 12 months after your subscription ends, after which they are deleted or anonymized, unless a longer period is required by law. How we process this information is described in our Privacy Policy.

2.3 How the Services Operate

The Services are an orchestration layer delivered using Third-Party Providers, which may include Telnyx (telephony), LiveKit (real-time media), Google Gemini (AI voice/language models), Supabase (database/storage), and a payment processor such as Stripe. Your use of the Services depends on the availability, performance, and terms of these providers, which are outside our control (see Sections 8, 12, and 13). You acknowledge that the AI voice is synthetic, that the AI can make mistakes, and that you control the scripts and personas, as further described in Section 3.

2.4 Availability, Beta Features & Changes

The Services are provided on an "as available" basis. We do not guarantee they will be uninterrupted, error-free, timely, secure, or available at any particular time, and they may be unavailable due to maintenance, updates, capacity limits, Third-Party Provider outages, telecommunications failures, or events beyond our reasonable control.

Beta features. Features identified as "beta," "preview," "early access," or "experimental" (each a "Beta Feature") are provided for evaluation, may be incomplete or unstable, may change or be withdrawn at any time, may not carry the same support, and are provided "as is" and "as available" without warranty of any kind. Use is at your own risk.
Changes to the Services. We may at any time modify, enhance, suspend, discontinue, or limit the Services or any feature, including changing Third-Party Providers, AI models, supported integrations, or usage/rate limits. We will use commercially reasonable efforts to give notice of material adverse changes where practicable, but are not obligated to maintain backward compatibility or any particular feature.
Capacity, fair use & throttling. We may apply reasonable usage, concurrency, volume, or rate limits and may throttle, queue, or suspend activity (including high-volume calling or messaging) to protect the integrity, security, and availability of the Services, to comply with Third-Party Provider requirements, or to address suspected misuse (see Section 4).

2.5 Account Registration & Accuracy of Information

To access the Services you must register an Account. You agree to provide information that is true, accurate, current, and complete during registration and at all times, including your business name, contact details, billing information, and any business-registration, telephone-number, or carrier-registration details required to provision telephony or messaging features, and to keep this information up to date. We may rely on the information you provide and may suspend or restrict the Account if information is inaccurate, outdated, incomplete, or cannot be verified, or if required by a Third-Party Provider or by law. Inaccurate information may cause delays or failures in provisioning numbers, registering for messaging, or delivering Communications, for which we are not responsible.

2.6 Credentials & Responsibility for Account Activity

You are responsible for: (a) maintaining the confidentiality and security of all Credentials; (b) all use of the Services and all activity under or through the Account, whether or not authorized by you and whether carried out by you, your employees, contractors, agents, or any other person using your Credentials — including all calls placed and answered, all messages sent and received, all appointments booked, all charges and balance consumption incurred, and all consequences of the AI Assistant operating under your Configuration; (c) ensuring each Authorized User is authorized and complies with these Terms; and (d) promptly notifying us at support@harvesty.ca of any unauthorized access or security breach. Activity conducted through your Account is attributed to you as the Customer. You are financially responsible for all balance consumption and fees arising from such activity (Section 9) and bear sole responsibility for the lawfulness of all Communications (Sections 4–5). We are not liable for loss or damage arising from your failure to safeguard Credentials or control access, except to the extent such liability cannot be excluded under applicable law. Suspension and termination of the Account are governed by Section 13.

3. AI Disclosures, Synthetic Voice & Automated Communications

This Section describes how the AI Assistant works, its inherent limitations, and how responsibility for AI-generated Communications is allocated. By enabling, configuring, or using any AI feature, you accept the characteristics, limitations, and allocations described below. This Section works cumulatively with Sections 4, 5, 13, and 14; where more than one applies, all apply.

3.1 What the AI Does

The AI Assistant can: answer and place telephone calls in a synthetic, computer-generated voice; send and receive SMS on your behalf; conduct conversations with End Contacts (including qualifying leads and gathering information); book, reschedule, or cancel appointments in your connected calendar; and generate, summarize, transcribe, and log call and message content. The AI relies on Third-Party Providers (Section 8), and its availability, behaviour, accuracy, and continuity depend on them. We do not control, and are not responsible for, changes a third party makes to its models, voices, pricing, or availability.

3.2 Synthetic Voice and Virtual-Assistant Disclosure

You acknowledge and agree that: (a) the AI speaks in a synthetic / automated voice generated by a computer and is not a live human; (b) the AI is configured to identify itself as a virtual assistant when it places or answers calls — a safety and compliance feature you agree not to disable, circumvent, or override, and you will not configure, instruct, or prompt the AI to deny that it is automated, to impersonate a specific real individual without authorization, or to misrepresent its nature, identity, or purpose; and (c) because the AI uses a generated voice and may deliver scripted or model-generated content, calls and messages it places may be treated as "automated," "pre-recorded," "automatic dialing," "robocall," "artificial-voice," or equivalent communications under applicable Telecommunications Laws, with corresponding consent, identification, and time-of-day restrictions. You are solely responsible for determining how the law characterizes your Communications and for obtaining the consent, registrations, and disclosures that characterization requires. As the person who initiates and directs these Communications, you are the caller and the sender, and you alone are responsible for consent, do-not-call (DNC) screening, opt-out handling, and all other legal-basis requirements (Section 5 prevails on all questions of legal basis and consent).

3.3 You Configure, Review, and Are Responsible for AI Behaviour

The AI does not act on its own initiative; it acts according to your Configuration. You are the controller of, and responsible for, all Configuration, including scripts and prompts; personas (name, tone, role, self-description); voicemail and recorded-greeting content, opening disclosures, and closing lines; contact lists and call/SMS targeting (who is contacted, when, and how often); knowledge and data you supply; and feature toggles such as auto-reply, campaign dialing, after-hours behaviour, and any consent, opt-out, or disclosure language you include or omit. You agree to review and test your Configuration before deploying it and to monitor the AI's performance. You are responsible for the content and consequences of every call, message, voicemail, and booking the AI makes under your Account, whether or not you reviewed the specific output in advance, to the same extent as if a human employee of yours had said or sent it. We do not pre-approve, review, edit, or guarantee your Configuration or any individual AI output, and any examples, templates, default scripts, or suggested language we provide are offered as a convenience only, without warranty, and do not constitute legal, compliance, or professional advice.

3.4 The AI Can Make Mistakes ("Hallucinations" and Errors)

AI systems are probabilistic and imperfect by nature. Without limitation, the AI may: "hallucinate" — generate information that is inaccurate, incomplete, outdated, fabricated, or false while presenting it confidently as fact; mishear, mis-transcribe, or misunderstand an End Contact (names, numbers, addresses, dates, prices, instructions), especially with accents, background noise, poor connections, or specialized terminology; misinterpret intent, give an inappropriate, off-topic, or unintended response, or fail to follow your script; book, reschedule, or cancel appointments incorrectly, or capture lead information incorrectly; produce content in the wrong language, fail to recognize a request, or fail to honour an opt-out, do-not-call, or stop request not expressed in a way the AI recognizes; and behave inconsistently between calls or after an update to an underlying third-party model. No AI output should be relied upon as accurate, complete, or legally sufficient without independent human verification. You are responsible for verifying any information the AI collects or conveys before acting on it and for putting in place your own human review for high-stakes matters (legal commitments, financial figures, contractual representations, or anything that creates obligations to an End Contact). The Services are an automation tool and are not a substitute for professional judgment, a licensed broker's or other professional's review, or human oversight.

3.5 Recording, Transcription, and Logging

The AI may record, transcribe, store, and log Communications so the Services can function. You are responsible for the lawfulness of any recording, transcription, and storage, including providing any notice to, and obtaining any consent from, End Contacts that applicable law requires (which in some jurisdictions means all-party consent). We retain recordings, transcripts, and logs while your account is active and for 12 months after your subscription ends, after which they are deleted or anonymized unless a longer period is required by law. How we handle this data is described further in our Privacy Policy.

3.6 Acceptance of Inherent Limitations; No AI Warranty

You acknowledge and accept the characteristics and limitations described in this Section as inherent to AI-powered Communications. To the maximum extent permitted by law, and without limiting Section 12: the AI and all AI features are provided "as is" and "as available" without warranty of any kind; we do not warrant that the AI will be accurate, error-free, uninterrupted, free of hallucination, or fit for any particular purpose, or that it will comply with the laws applicable to your use; and the occurrence of an AI error, hallucination, mis-transcription, missed opt-out, failed call, or unintended message is not a defect, breach, or failure of the Services, but a known and accepted characteristic of the technology. Your remedies are limited as set out in Section 13, and you remain responsible for your indemnification obligations under Section 14.

3.7 Your Operational Safeguards

Because the AI can err, you agree to maintain reasonable safeguards within your control, including: configuring clear opt-out / "STOP" / do-not-contact handling; reviewing transcripts and call logs; not using the AI for emergency, safety-of-life, medical, legal-advice, or other communications where an error could cause serious harm; and promptly correcting or disabling any Configuration that produces non-compliant, misleading, or harmful output. Nothing in this Section requires us to monitor your Communications; our right (but not obligation) to suspend or limit AI features for misuse is governed by Sections 4 and 15.

> The provisions of this Section are a material part of the basis on which the Services are offered and survive termination to the extent necessary to give them effect.

4. Customer Responsibilities & Acceptable Use

This Section defines how you may and may not use the Services (the "Acceptable Use Policy" or "AUP"). It applies in addition to, and does not limit, Section 5 (Consent, Do-Not-Call & Telemarketing Compliance) and Section 3 (AI Disclosures). Because you are the legal caller and sender for every call, text, and message the Services place or send on your behalf, the limits below are conditions of your right to use the Services. You are responsible for all activity under your Account, including activity by your Authorized Users and all Content and Communications generated under your Account, whether authorized by you or not.

4.1 General Standard

You may use the Services only for lawful, legitimate business purposes, and only in a manner consistent with this AUP, Section 5, all applicable laws, and the acceptable-use, anti-fraud, and messaging policies of our Third-Party Providers (Telnyx, LiveKit, Google/Gemini, Supabase, and our payment processor).

4.2 Prohibited Communications

You will not use the Services, and will not permit any Authorized User to use them, to make, send, attempt, or facilitate:

Unlawful communications — any call, text, or message that violates applicable law, including the CRTC Unsolicited Telecommunications Rules, the National Do Not Call List rules, CASL, Quebec's Consumer Protection Act and Law 25, the U.S. TCPA and related state laws where applicable, or any other telemarketing, anti-spam, do-not-call, robocall, automated-dialing, caller-ID, or privacy law.
Communications without a lawful basis or required consent — contacting any End Contact for whom you lack a valid, documented lawful basis and any required consent, or who has registered on a do-not-call list, opted out, unsubscribed, or asked not to be contacted (see Section 5).
Harassment and abuse — threatening, harassing, intimidating, stalking, or repeatedly contacting any End Contact after a request to stop; or communications that are abusive, obscene, hateful, or that promote violence, discrimination, or harm.
Spam and high-volume nuisance traffic — unsolicited bulk or commercial calls or messages, "spray-and-pray" dialing, snowshoe or high-velocity blasting designed to evade filtering, and any pattern generating abnormal complaint rates, carrier blocking, or spam-labeling.
Deception, fraud, and scams — phishing, smishing, vishing, fraud, financial scams, "wangiri"/one-ring schemes, fake offers, pyramid or Ponzi schemes, prize/lottery scams, traffic-pumping, or any communication intended to deceive, defraud, or unlawfully obtain money, credentials, or personal information.
False or misleading caller identity — spoofing, falsifying, or misrepresenting the originating number, caller name, or sender ID; using numbers you are not authorized to use; or otherwise concealing or misrepresenting the origin of a communication in violation of law.
Impersonation — falsely representing yourself, the Services, or the AI Assistant as another person, business, brand, or government or public authority. The AI Assistant must be configured to identify as an automated virtual assistant where required (Section 3); you may not configure or instruct it to deny, disguise, or misrepresent its synthetic/automated nature.
Emergency and critical-service interference — any use that interferes with, imitates, or improperly routes to emergency services (e.g., 911), public-safety lines, or other critical communications.

4.3 Prohibited Content and Use Cases

You will not use the Services in connection with, or to transmit Content relating to, the following, except where you are duly licensed or authorized and the use fully complies with all applicable laws and Third-Party Provider policies:

Sensitive and high-risk sectors restricted or prohibited by carriers, messaging registries (e.g., 10DLC/SHAFT rules), or law — including cannabis, tobacco/vaping, firearms, alcohol where restricted, illegal drugs or controlled substances, gambling, adult or sexually explicit services, and high-risk financial products (e.g., payday loans, debt relief, "get-rich-quick" schemes).
Highly sensitive personal information handled outside the bounds of applicable law — including health information, financial-account or payment-card data, government identifiers, biometric data, or information about minors — and any use that would make Harvesty a custodian of regulated data we are not engaged, under these Terms and our Privacy Policy, to process.
Unlawful, dangerous, or rights-infringing material — including content that is defamatory, that infringes intellectual-property or privacy rights, that facilitates illegal activity, or that you do not have the right to use.

4.4 Prohibited Technical Conduct

You will not, and will not permit any Authorized User or third party to: (a) reverse engineer or copy — decompile, disassemble, reverse engineer, or attempt to derive the source code, models, or prompts of the Services (except to the limited extent applicable law expressly permits despite this prohibition), or copy, frame, mirror, or create derivative works; (b) scrape or harvest — use bots, crawlers, or scrapers to extract data, or harvest contact lists, telephone numbers, or personal information other than as the Services are intended to be used; (c) circumvent security or limits — probe or test the vulnerability of the Services; breach or bypass any security, authentication, rate-limiting, usage, quota, balance, or access control; or access any account, data, or area you are not authorized to access; (d) overload or disrupt — introduce malware; launch denial-of-service or flooding attacks; generate artificial, fraudulent, or automated traffic; or otherwise impose an unreasonable load on, degrade, or disrupt the Services or Third-Party Provider or carrier networks; or (e) misuse the AI — attempt to manipulate, jailbreak, or override the AI's safety, identification, or disclosure behaviours; use outputs to train a competing model or service; or generate content prohibited by this AUP.

4.5 Account, Access, and Reselling Restrictions

No unauthorized resale. You may not resell, sublicense, rent, lease, white-label, time-share, or operate the Services as a service bureau or on behalf of third parties, except under a separate written agreement with us that expressly permits it. If we authorize you to use the Services to communicate on behalf of your own clients, you remain fully responsible under this AUP and Section 5 for all such Communications and for your clients' conduct.
No sharing or misuse of credentials. You may not share login credentials beyond your Authorized Users, allow unauthorized access, or use the Services in any way that circumvents prepaid-balance or usage controls (Section 9).
Accurate registration data. You must provide accurate business and origination information for telephone-number registration, branded calling, messaging registries, and similar compliance programs, and keep it current.

4.6 Monitoring, Investigation, and Enforcement

We have no general obligation to monitor Content or Communications and do not pre-screen them. However, to protect the Services, Third-Party Providers, End Contacts, and our other customers, and to comply with law and provider policies, we reserve the right (but assume no duty) to: (a) investigate suspected violations, including by reviewing account activity, traffic patterns, complaint and spam-rate data, and Content, and by cooperating with Third-Party Providers, carriers, regulators (such as the CRTC), and law enforcement, in accordance with our Privacy Policy and applicable law; (b) take protective action, including throttling, filtering, blocking specific numbers or message traffic, requiring corrective steps, or quarantining Content; and (c) suspend or terminate access as described in Section 13.

4.7 Reporting and Updates

If you become aware of any violation of this AUP, security incident, or misuse of your Account, you must promptly notify us at support@harvesty.ca and take reasonable steps to stop and remedy it. We may update this AUP from time to time to address new risks, laws, or Third-Party Provider requirements, as described in Section 14; your continued use after an update takes effect constitutes acceptance.

5. Consent, Do-Not-Call & Telemarketing Compliance

This Section sets out your responsibilities as the legal caller and sender for every Communication the Services initiate or transmit on your behalf. It is the most important Section of these Terms with respect to liability. Please read it carefully. By using the Services, you accept the responsibilities and make the representations described below.

5.1 You Are the Caller and Sender; We Are Only a Tool

For every telephone call, voicemail, text message, or other Communication that the Services place, send, or transmit to any End Contact: (a) you are the legal caller, sender, and initiator for all purposes under applicable law, made by you and on your behalf, using Harvesty solely as the technical means of delivery; (b) we are not the caller, telemarketer, sender, or message originator, and we do not adopt, endorse, or take responsibility for the content, timing, recipients, or purpose; and (c) you alone determine who is contacted, when, what is said or written (including all scripts, prompts, personas, opening identifications, and disclosures), and why. This allocation is fundamental to these Terms, is reflected in the pricing of the Services, survives termination, and is reinforced by Sections 4, 3, 12, 13, and 14.

5.2 Lawful Basis and Consent — Your Sole Responsibility

You are solely responsible for ensuring that, before any Communication is placed or sent to an End Contact, you have a valid lawful basis and any consent required by applicable law to contact that End Contact by the relevant channel (voice call, automated/pre-recorded-equivalent call, or SMS) and for the relevant purpose (including marketing, solicitation, or commercial electronic messages). This includes, without limitation: obtaining, recording, and being able to prove the express or implied consent required for each End Contact and channel (including any express consent required for commercial electronic messages and for calls made using an automated, synthetic, or pre-recorded-equivalent voice); contacting End Contacts only within the scope, purpose, and time limits of the consent or lawful basis you hold; ensuring your scripts, personas, caller identification, and message content include all sender-identification and functional unsubscribe / opt-out information required by law; and recognizing that consent for one channel does not by itself authorize another. We do not obtain consent on your behalf, do not verify the existence, scope, or validity of any consent, and provide no warranty that any contact you load or any Communication you configure is lawful. Any consent-capture, preference, or contact-management features we may offer are conveniences only and do not transfer this responsibility to us.

5.3 Do-Not-Call, Opt-Outs and Suppression — Your Sole Responsibility

You are solely responsible for screening, suppressing, and not contacting any End Contact who must not be contacted, including: subscribing to and scrubbing your contact lists against the Canadian National Do Not Call List (and any equivalent registry in any jurisdiction you operate in, including the U.S. National Do-Not-Call Registry where applicable) at the frequency and in the manner the law requires; maintaining your own internal do-not-call list, honouring requests to be placed on it, and retaining those requests for the legally required period; promptly and reliably honouring every opt-out, unsubscribe, revocation of consent, "remove me," "stop calling," "STOP," or similar request on every channel within the timeframe required by law, applying it across channels where the law so requires; and keeping your suppression, DNC, and opt-out data accurate, complete, and up to date. Any tools we provide (for example, automated detection and logging of certain opt-out keywords in SMS, or flags for marking contacts as do-not-call) are aids only. We do not guarantee they will detect, capture, or apply every opt-out or do-not-call obligation (for example, opt-outs expressed in unusual wording, in speech, in another language, or outside the Services), and we are not responsible for any failure to suppress a contact. You remain solely responsible regardless of whether our tools function as expected (see Sections 4 and 12).

5.4 Calling Hours, Caller-ID and Identification — Your Sole Responsibility

You are solely responsible for complying with all rules governing the manner of contact, including: placing voice calls and sending messages only during permitted hours for the End Contact's location, and observing all curfews, holiday restrictions, and frequency / call-attempt limits; transmitting accurate, non-misleading, non-spoofed calling-line identification and not blocking or falsifying caller ID in violation of law; identifying yourself (and, where required, the business on whose behalf the call or message is made) and providing a number or address at which you can be reached and the disclosures required for automated or synthetic-voice calls (see Section 3); and completing any carrier or regulator registration, brand/campaign vetting, or number-provisioning steps that apply.

5.5 Applicable Laws — Your Sole Responsibility

You are solely responsible for complying with all Telecommunications Laws and all other laws, rules, regulations, codes, and industry standards applicable to your Communications, in every jurisdiction in which you, the Services, or any End Contact is located, including, where applicable to you: the CRTC Unsolicited Telecommunications Rules; CASL; the National Do Not Call List (DNCL) rules and subscription requirements; Quebec's Consumer Protection Act; Law 25; the U.S. TCPA and other U.S. federal and state telemarketing, robocall, automated-voice, and do-not-call laws where applicable (for example, where you contact persons in, or place calls or messages into, the United States); and all other applicable telemarketing, anti-spam, do-not-call, automated-calling, robocall, privacy, data-protection, consumer-protection, and telecommunications laws. You acknowledge that the AI's synthetic, automated voice may cause calls to be treated as automated, robocall, pre-recorded, or automatic dialing-announcing device (ADAD) communications, which may require a higher standard of consent, additional disclosures, or may be restricted or prohibited outright. You are responsible for keeping current with changes in these laws. We do not provide legal advice, and nothing in the Services or these Terms is legal advice.

5.6 Customer Representations and Warranties

You represent, warrant, and covenant, on a continuing basis and with respect to each Communication, that: (1) you are the legal caller, sender, and initiator of each Communication; (2) you have a valid lawful basis and all required consents to contact each End Contact by the channel used and for the purpose intended, and can produce evidence on request; (3) you have scrubbed your contact lists against the National Do Not Call List, any other applicable registry, your internal do-not-call list, and all opt-outs and revocations; (4) your Communications comply with all applicable calling-hour, frequency, caller-identification, sender-identification, disclosure, and unsubscribe requirements; (5) your scripts, personas, prompts, messages, and the purpose of your Communications are accurate, not false, misleading, deceptive, harassing, or fraudulent, and comply with all applicable laws, including the AI disclosure requirements in Section 3; (6) you have the right to upload, use, and process the contact data and Personal Information you provide, and have provided all notices and obtained all consents required (including under Law 25) for us to process that data as your service provider, as further described in our Privacy Policy; and (7) your use complies and will at all times comply with all laws referenced in this Section and with Section 4. If any of these representations ceases to be true, you must immediately stop the affected use of the Services.

5.7 No Guarantee of Compliance; Allocation of Responsibility

You acknowledge that: we do not guarantee, monitor, or ensure your compliance — we do not review, approve, or verify your contact lists, consents, scripts, personas, calling times, opt-out handling, or do-not-call screening, and have no obligation to do so; any compliance-related tools, flags, settings, defaults, templates, or informational materials are conveniences offered "as is," do not constitute legal advice, and do not guarantee that your use is lawful; compliance is your responsibility, not ours, and the presence or absence of any feature does not relieve you of, or shift to us, any legal obligation; and as between you and Harvesty, you are solely responsible and liable for any claim, investigation, penalty, fine, complaint, action, or proceeding arising out of or relating to any Communication, as reinforced by Sections 14, 12, and 13.

5.8 Our Right to Act to Protect Compliance and the Service

Without assuming any duty to do so, and without limiting your responsibility, we may (but are not obligated to) take any action we reasonably consider appropriate to protect the integrity, legality, or reputation of the Services or to address suspected non-compliance — including suspending or terminating your access, blocking or rate-limiting calls or messages, refusing to contact certain numbers, requiring evidence of consent, or removing Content — with or without notice. Any such action is in addition to your own compliance obligations, does not make us the caller or sender, creates no duty of monitoring, and does not waive any term (see Sections 15 and 4). Questions about this Section may be directed to support@harvesty.ca.

6. Recording, Transcription & Monitoring

This Section explains how the Services record, transcribe, and monitor Communications and allocates the legal duty to obtain any required consent and make any required disclosures. Read it together with Sections 5, 3, 7, 12, 13, and 14, and with the Privacy Policy. For purposes of this Section, "Recording" means any audio capture of a voice Communication, and "Transcript" means any text rendering, summary, extraction, or note derived from a Communication (including AI-generated call summaries and lead notes).

6.1 What the Services Record, Transcribe, and Monitor

To deliver and operate the Services, Harvesty and its Subprocessors may automatically: record the audio of voice Communications (including the AI voice, the End Contact's voice, hold/transfer segments, and voicemail); transcribe Communications and generate Transcripts, summaries, lead-qualification data, sentiment or intent signals, and appointment details; log and store SMS content, metadata, and delivery status; capture metadata such as date, time, duration, phone numbers, caller/called identifiers, outcome/disposition, and routing events; and monitor and process Communications in real time and after the fact to run the AI Assistant, route calls, book appointments, enforce balance and usage limits, detect fraud or abuse, debug, and improve quality. Recording and transcription are on by default for many features and may be inherent to how the Services work. Where the Services expose controls to disable, limit, or redact Recording or Transcription, those controls are in your account settings; if you do not configure them, the default behaviour applies. Some operational logging and metadata capture is necessary for the Services to function and cannot be disabled while you use them.

6.2 Consent and Disclosure Are the Customer's Responsibility

You are the legal caller and sender for every Communication. Harvesty is only a tool, and you are solely responsible for establishing a lawful basis and obtaining any and all consent required to record, transcribe, monitor, and store each Communication, and for making any disclosure required by law to each End Contact, before the Communication is recorded or transcribed. This responsibility is yours regardless of whether the Services are configured to play an automated disclosure, and includes complying with: Canadian one-party-consent and notification requirements (the recording of a private communication generally requires the consent of at least one party; the CRTC Unsolicited Telecommunications Rules and guidance, Law 25, PIPEDA, and Office of the Privacy Commissioner guidance impose notice, knowledge-and-consent, purpose-limitation, and reasonable-purpose obligations); U.S. two-party / all-party-consent states (many states require the consent of all parties before a call may be recorded — if any End Contact is or may be located in such a jurisdiction, you are responsible for obtaining all-party consent or otherwise ensuring the Communication is lawful); and the telemarketing, anti-spam, and do-not-call regimes referenced in Section 5 to the extent they bear on recording, monitoring, identification, or disclosure. You represent and warrant that, for each Communication, you have obtained or will obtain every required consent and made or will make every required disclosure. You are also responsible for honouring any request by an End Contact not to be recorded, to stop recording, or to access, correct, or delete a Recording or Transcript, and for configuring the Services accordingly.

6.3 AI Recording Disclosure

The Services can be configured to have the AI Assistant identify itself as a virtual assistant and, where you enable it, announce that a call may be recorded at or near the start of a Communication. This capability is provided to help you meet your disclosure obligations, but it does not transfer or reduce your responsibility under this Section or Section 3. You are responsible for selecting, enabling, drafting, and reviewing any recording disclosure and AI-identity disclosure in your Content, in the correct language(s) for your audience (including French where required for Quebec End Contacts); for ensuring the wording, timing, and placement satisfy the laws of every jurisdiction in which your End Contacts may be located; and for confirming that an enabled disclosure is appropriate before placing or answering Communications. Harvesty does not warrant that any default, sample, or AI-generated disclosure is sufficient, accurate, current, or compliant for your particular use, and does not undertake to determine which consent or disclosure regime applies to you. The AI may make mistakes, including in delivering or omitting a disclosure (Sections 3 and 12); Harvesty is not responsible for any such error.

6.4 Storage, Security, and Retention of Recordings and Transcripts

Recordings, Transcripts, message content, and associated metadata are stored and processed by Harvesty and its Subprocessors as part of the Services; storage location, security, sub-processing, and personal-information handling are addressed in Section 8 and the Privacy Policy, which govern to the extent of any conflict regarding personal-information handling. Retention controls. Where the Services expose retention settings (for example, a retention period or a control to disable, redact, or delete Recordings or Transcripts), you are responsible for choosing and configuring the settings appropriate to your legal obligations and risk tolerance. Default retention. Unless you configure a shorter period where the Services allow, Harvesty retains Recordings, Transcripts, logs, and associated metadata while your account is active and for twelve (12) months after your subscription ends, after which they are deleted or anonymized, unless a longer period is required by law. Harvesty may delete, redact, or rotate Recordings, Transcripts, logs, and metadata on a default schedule that may change from time to time. No archival guarantee. Harvesty does not guarantee that any particular Recording or Transcript will be created, captured in full, retained for any minimum period, or be available, accurate, complete, or recoverable. You should not rely on the Services as a system of record or as your sole means of retaining any Communication you are required to keep; export and independently retain anything you need. Deletion and end of service, export rights, and the survival of backups are governed by Section 8, Section 13, and the Privacy Policy; certain copies may persist in backups or be retained where required by law for a limited period. Access requests and legal process. You are responsible for responding to access, correction, deletion, and portability requests from End Contacts regarding their personal information, and Harvesty will support such requests as described in Section 8. Harvesty may access, preserve, or disclose Recordings, Transcripts, and metadata where it reasonably believes doing so is required by law, legal process, or to enforce these Terms.

6.5 Quality Monitoring and Service Improvement

Harvesty may monitor, review, and analyze Communications, Recordings, Transcripts, and metadata to operate, secure, troubleshoot, and improve the Services. Any use of this data to train or improve AI models, and the controls available to you, are governed by Section 8 and the Privacy Policy. Monitoring under this Section does not make Harvesty a party to your Communications or the caller/sender; you remain the caller and sender and remain solely responsible for the content and lawfulness of every Communication.

6.6 Allocation of Risk

You acknowledge that recording, transcribing, monitoring, and storing Communications carry legal risk that depends on facts within your knowledge and control, including the location, identity, and prior consent of each End Contact. As further provided in Section 14, you agree to indemnify and hold Harvesty harmless from any claim, fine, penalty, or liability arising out of or relating to the recording, transcription, monitoring, disclosure, retention, or deletion of any Communication, including any failure to obtain required consent or provide required disclosure. Harvesty's aggregate liability in connection with this Section is subject to Section 13. This Section survives termination.

7. Intellectual Property, Licence & Customer Content

In short: Harvesty owns the platform and everything that powers it; you own and remain responsible for the information you put into the platform; and each party grants the other only the limited rights described below. In this Section, "Harvesty," "we," "us," and "our" refer to Harvesty, a service operated by its owner (the operator's legal entity details will be provided once Harvesty is incorporated).

7.1 Harvesty's Ownership of the Platform and IP

As between you and Harvesty, Harvesty (and its licensors and suppliers) exclusively owns all right, title, and interest in and to the Services — the Harvesty platform, websites, applications, dashboards, calling tools, and all related technology used to answer and place calls, send and receive SMS, qualify leads, and book appointments — together with all underlying software, source and object code, APIs, models, prompts and prompt-engineering, voice and persona templates, workflows, user interfaces, designs, documentation, and all Intellectual Property Rights in them. "Intellectual Property Rights" means all copyright, patents, trade secrets, trademarks, industrial designs, database rights, moral rights (to the extent waivable), and any other intellectual or industrial property rights, whether registered or unregistered, anywhere in the world. The Services incorporate or rely on third-party components (including Telnyx, LiveKit, Google Gemini, Supabase, and our payment processor) that remain the property of their respective owners and are governed by their own terms. Except for the limited licence in Section 7.2, no right, title, or interest in the Services or any Harvesty Intellectual Property Rights is granted to you by implication, estoppel, or otherwise; all rights not expressly granted are reserved by Harvesty.

7.2 Licence Granted to You

Subject to your continued compliance with these Terms (including payment of all fees and prepaid balances, and the acceptable-use, telemarketing-compliance, and consent obligations in Sections 4 and 5), Harvesty grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence, during the term of your Subscription or Account, to access and use the Services solely (a) for your own internal business purposes, (b) in accordance with these Terms, any applicable documentation, and all applicable laws, and (c) in the manner and through the interfaces Harvesty makes available. This licence is granted to you as the named Customer (and your Authorized Users acting on your behalf) only. It is not a sale and gives you no ownership of any part of the Services.

7.3 Restrictions on Use of the Platform

Except as expressly permitted by these Terms or as applicable law requires to be permitted (and only to that minimum extent), you will not, and will not permit any user or third party to: copy, modify, translate, adapt, or create derivative works of the Services; reverse engineer, decompile, disassemble, or attempt to derive the source code, structure, models, or prompts of the Services, or circumvent any technical or usage limitation or access control; rent, lease, lend, sell, resell, sublicense, distribute, host, time-share, or otherwise make the Services available to any third party or operate them as a service bureau, except as the platform is expressly designed to allow (for example, placing calls to your own End Contacts); remove, obscure, or alter any proprietary notice, branding, watermark, or AI-disclosure element built into the Services; use the Services to build, train, or improve any competing product, model, or service, or use any automated means to extract data except through Harvesty's documented APIs; or use the Services in any way that violates Section 4 or any Telecommunications Law. We may suspend or revoke the licence in accordance with Section 13 if you breach these restrictions.

7.4 Customer Content — Definition and Your Ownership

Customer Content (as defined in Section 1.3) includes, without limitation: scripts, personas, prompts, and instructions; contacts and lead data (names, phone numbers, email addresses, property and CRM details, and any other Personal Information about your End Contacts); call audio and Recordings, Transcripts, SMS messages, voicemails, and conversation logs generated when the Services place or answer Communications on your behalf; and any other content, files, or settings you submit to or store within the Services. As between you and Harvesty, you retain all ownership of, and all Intellectual Property Rights in, your Customer Content. Harvesty claims no ownership of it; its only rights are the licence rights you grant in Section 7.5.

7.5 Your Responsibility for Customer Content and Licence to Harvesty

You are solely responsible for your Customer Content — for its accuracy, quality, and legality; for the scripts and personas you configure; for having a lawful basis and any required consent to collect, store, and use the Personal Information of your End Contacts; and for ensuring that your use of the Services with that content complies with all applicable laws. Harvesty does not author, review, or approve your scripts, personas, or contact lists, and is not the caller or sender — you are (Sections 4 and 5). You are responsible for honouring all do-not-call (DNC) obligations and for maintaining all consents required to contact your End Contacts. You represent and warrant that you have all rights, consents, and authority necessary to provide your Customer Content and to grant the licence below. You grant Harvesty a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable licence (sublicensable solely to Harvesty's affiliates, hosting and infrastructure providers, and Subprocessors acting on Harvesty's behalf) to host, store, copy, transmit, display, process, route, record, transcribe, and otherwise use your Customer Content only to: (a) provide, operate, maintain, secure, and support the Services for you; (b) comply with applicable law and respond to lawful requests; and (c) maintain, troubleshoot, secure, and improve the Services (including analytics, quality assurance, debugging, and abuse and fraud prevention), subject to the limits below. Limits on improvement use. Harvesty will use de-identified or aggregated data for analytics and Service-improvement purposes wherever reasonably practicable, will not sell your Customer Content or your End Contacts' Personal Information, and will handle Personal Information as governed by Section 8 and the Privacy Policy (which control in the event of any conflict with this Section regarding Personal Information). Recordings, Transcripts, and conversation logs are retained while your Account is active and for twelve (12) months after your Subscription ends, after which they are deleted or anonymized, unless a longer period is required by law. Whether and how AI Subprocessors (for example, Google Gemini) may use content for model training is governed by those suppliers' terms; Harvesty configures the Services to use enterprise or no-training options where reasonably available but does not warrant any particular supplier behaviour. This licence lasts only as long as needed for the purposes above; on termination, Harvesty's handling of residual Customer Content is governed by Sections 15 and 8, and the licence survives only to the extent reasonably necessary to complete those processes and meet legal-retention obligations.

7.6 Feedback

If you or your users send Harvesty any suggestions, ideas, enhancement requests, or other feedback about the Services ("Feedback"), you grant Harvesty a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable licence to use, reproduce, modify, and exploit that Feedback for any purpose, including to develop and improve the Services, without any obligation, attribution, compensation, or restriction. Feedback is provided voluntarily and is not your confidential information.

7.7 Trademarks, Branding & Required Notices

These Terms grant you no right, licence, or interest in Harvesty's trademarks, service marks, trade names, logos, domain names (including harvesty.ai and harvesty.ca), or other brand features (collectively, the "Harvesty Marks"). You will not use the Harvesty Marks without Harvesty's prior written consent, and will not register or use any name, mark, or domain confusingly similar to them. Conversely, Harvesty will not use your name, logo, or marks without your consent, except that — unless you opt out in writing — Harvesty may identify you in a factual list of customers. You will not disable, alter, remove, or obscure any AI-disclosure statement, virtual-assistant identification, recording notice, or other compliance or proprietary notice Harvesty builds into the Services or requires to be played or displayed (see Sections 3 and 6).

7.8 Third-Party and Open-Source Components

The Services may include third-party or open-source software and content licensed under separate terms, which govern your use of the applicable components and, to the extent of any conflict regarding those specific components, control. Nothing in these Terms limits any rights you may have, or restricts any obligations Harvesty may have, under such licences.

7.9 Questions

Questions about this Section, or requests relating to your Customer Content, may be directed to support@harvesty.ca. A mailing address is available on request.

8. Third-Party Services, Subprocessors & Data Processing

Harvesty does not own or operate the underlying telephone network, real-time media, artificial-intelligence, hosting, or payment infrastructure that makes the Services work. This Section explains who those third parties are, how your use of the Services necessarily involves them, and how Personal Information about End Contacts is handled. It works together with, and does not replace, our Privacy Policy, Sections 4 and 5, and Sections 13 and 14. Where this Section and the Privacy Policy differ on a matter of data handling, the Privacy Policy governs.

8.1 Reliance on Third-Party Services

To deliver the Services, Harvesty relies on Third-Party Services across these categories (the specific Subprocessors are listed in Section 8.6 and may change as described): telephony / carrier (currently Telnyx); real-time media (currently LiveKit); AI / voice model (currently Google Gemini and related Google AI services); hosting, database & storage (currently Supabase, which itself runs on cloud infrastructure such as AWS); and payment processing (currently Stripe). The Services are an orchestration layer that connects these Third-Party Services on your behalf. We do not control how they are engineered, priced, secured, or operated, and cannot guarantee their continued availability or behaviour.

8.2 Their Terms Apply To You

Your use of the Services necessarily causes traffic, content, and data to pass through the Third-Party Services. Each is governed by its own terms of service, acceptable-use policies, and privacy notices, which may impose obligations or restrictions (for example, carrier messaging rules, 10DLC/A2P registration, content and anti-fraud policies, AI usage policies, and traffic limits) that apply to your activity. You agree to comply with any such third-party terms made known to you or reasonably applicable. A Third-Party Service may suspend, throttle, deregister, or terminate traffic, numbers, or features (for example, blocking a number for suspected spam, or rejecting a message campaign); where that occurs because of your content, your traffic patterns, or a third-party decision outside our control, the resulting interruption is not a failure of the Services by us, and Section 8.4 applies.

8.3 No Control Over Third-Party Availability or Performance

The Third-Party Services are operated independently. We do not control or warrant their uptime, latency, capacity, voice quality, transcription or AI accuracy, deliverability, number reputation, or continued existence. Outages, maintenance, degradations, rate limits, model changes, price changes, policy changes, or discontinuation may interrupt or impair the Services, with or without notice. We will use commercially reasonable efforts to maintain the Services and, where practical, to mitigate the effect of a disruption (for example, by failing over to an alternative supplier where reasonably available). We do not guarantee uninterrupted or error-free operation. Absent any availability commitment that we expressly state in writing, the Services are provided on an "as available" basis (see Section 12).

8.4 No Liability for Third-Party Acts or Outages

To the maximum extent permitted by applicable law, and subject to Section 13: we are not liable for any loss, damage, delay, missed call or message, lost lead, lost appointment, regulatory consequence, or other harm arising from (a) any act, omission, error, outage, security incident, suspension, throttling, deregistration, billing, or discontinuation by a Third-Party Service or Subprocessor; (b) the accuracy, completeness, or behaviour of any AI output, synthetic voice, transcript, or summary produced through a Third-Party Service; or (c) any change to a Third-Party Service's terms, pricing, capabilities, or availability. Charges already incurred with a Third-Party Service through your use (for example, per-minute or per-message carrier and AI usage charges drawn from your prepaid balance) are generally non-refundable, even where a downstream third-party problem affected the outcome, except as required by applicable law or as expressly stated in Section 9. Nothing in this Section limits any rights you may have directly against a Third-Party Service under its own terms, nor any liability that cannot be excluded under Quebec or other applicable mandatory law.

8.5 Data Processing: Roles, Instructions & Applicable Law

a. Roles. With respect to Personal Information about End Contacts that you collect, upload, generate, or cause to be processed through the Services ("End-Contact Personal Information"), you are the controller — under Law 25 and PIPEDA, the person carrying on the enterprise that determines the purposes and means of the processing. Harvesty acts as a processor (a service provider acting on your behalf and on your instructions). You are responsible for the lawfulness of the purposes for which you direct us to process End-Contact Personal Information, including establishing any consent or other lawful basis required to contact each End Contact. You acknowledge and agree that, as between you and us, you are the caller and the sender for every call, message, and contact initiated through the Services, and you are solely responsible for obtaining and honouring all required consents and for complying with do-not-call (DNC) and opt-out obligations.

b. Processing on your instructions. We will process End-Contact Personal Information only (i) to provide, maintain, secure, and support the Services; (ii) in accordance with your documented instructions (which include your Configuration); (iii) as described in the Privacy Policy; and (iv) as required by applicable law (in which case, where lawful, we will inform you). You are solely responsible for your Configuration and for what the AI Assistant is instructed to say or collect (Sections 4, 5, and 3). You further acknowledge that the Services use artificial intelligence and a synthetic (AI-generated) voice, and you are responsible for any disclosure of that fact to End Contacts that applicable law requires of you.

c. Your obligations as controller. You represent and warrant that you have the authority and any necessary consents, notices, and lawful basis to provide End-Contact Personal Information to us and to have it processed; that you will respond to and honour End-Contact privacy requests (access, rectification, withdrawal of consent, de-indexing, opt-out, and do-not-call requests) as required by law; and that you will not direct us to process data in a way that would cause us or you to violate applicable law. We will provide reasonable assistance, taking into account the nature of the processing and the information available to us, to help you respond to such requests and meet your privacy obligations.

d. Confidentiality and use limits. We will treat End-Contact Personal Information as confidential, will not use it for our own commercial purposes unrelated to providing the Services, and will not sell it. We may use aggregated and de-identified data to operate, secure, analyze, and improve the Services, as further described in the Privacy Policy.

e. AI providers and your content. Audio, text, and related content necessarily pass to our AI Subprocessor to generate responses, voice, and transcripts. We will use commercially reasonable efforts to engage AI Subprocessors on terms intended to prevent them from using your content to train their general models beyond what is needed to provide the service to us; however, the AI Subprocessor's own terms ultimately govern its handling of that data, and Section 3 applies.

f. Recordings, transcripts & logs. Call recordings, transcripts, message logs, and related records generated through the Services are kept while your Account is active and for twelve (12) months after your subscription ends, after which they are deleted or anonymized, unless a longer retention period is required by applicable law. You remain responsible for any disclosure to, or consent of, End Contacts that the recording or processing of these records requires of you under applicable law.

8.6 Subprocessors

You authorize Harvesty to engage the Third-Party Services described above as Subprocessors to process End-Contact Personal Information for the purpose of providing the Services. As of the Effective Date, the principal Subprocessors are:

| Subprocessor | Function | Primary processing region(s) | |---|---|---| | Telnyx | Telephony, phone numbers, SMS, call/message routing | United States / global carrier network | | LiveKit | Real-time call media (audio streaming/mixing) | United States / global | | Google (Gemini & related AI) | AI voice, speech understanding, responses, transcripts | United States / global | | Supabase (on underlying cloud, e.g. AWS) | Database, storage, hosting of account and call/message data | Configured project region (may be outside Quebec/Canada) | | Stripe | Payment, subscription, and prepaid-balance processing | United States / global |

We may also use ancillary providers for email/notifications, error monitoring, and analytics, as described in the Privacy Policy. We may add, replace, or remove Subprocessors as the Services evolve, imposing on each data-protection obligations substantially consistent with those in this Section and the Privacy Policy, and will maintain a current list of principal Subprocessors and update it through the Services or the Privacy Policy where we make material changes. Your continued use after such an update constitutes acceptance of the updated list.

8.7 Data Location & Cross-Border Transfer

The Services are delivered using infrastructure that may be located outside the Province of Quebec and outside Canada, including in the United States and other countries where our Subprocessors operate. By using the Services, you acknowledge and instruct that End-Contact Personal Information and your account data may be stored, accessed, and processed outside Quebec and Canada, and that, once transferred, it may be subject to the laws of the jurisdictions where it is processed, including lawful access by foreign authorities. As required by Law 25, this Section serves as disclosure that such cross-border processing occurs. You remain responsible, as controller, for conducting any privacy impact assessment and for providing any disclosures to End Contacts that the law requires of you. We will provide reasonable information about our Subprocessors' locations to assist your assessment.

8.8 Security — Reasonable, Not Absolute

We maintain reasonable administrative, technical, and physical safeguards designed to protect End-Contact Personal Information and your account data against unauthorized access, use, disclosure, alteration, and loss, appropriate to the sensitivity of the information and consistent with the security obligations of Law 25 and PIPEDA (including, where appropriate, access controls, encryption in transit, role-based permissions, and reliance on Subprocessors that maintain recognized security practices). No method of transmission or storage is perfectly secure. We do not warrant absolute security, and a substantial part of the security posture depends on the Third-Party Services and on factors within your control (safeguarding Credentials, configuring access, and the content you choose to process). You are responsible for the security of your own systems, Credentials, and integrations.

8.9 Breach Notification & Cooperation

If we become aware of a confidentiality incident (within the meaning of Law 25) or other security breach affecting End-Contact Personal Information processed on your behalf, we will: notify you without undue delay after confirming the incident, using the contact information on your Account; provide the information reasonably available to us to help you assess the incident and meet your own notification and record-keeping obligations to regulators (such as the Commission d'accès à l'information du Québec and/or the Office of the Privacy Commissioner of Canada) and to affected individuals; and take reasonable steps to investigate, contain, and mitigate the incident. As controller, you are responsible for determining whether the incident creates a risk of serious injury and for making any legally required notifications, except where the law places that obligation directly on us; we will cooperate reasonably but do not assume your controller obligations. You may contact us about any suspected incident at support@harvesty.ca.

8.10 Return or Deletion of Data

On termination of your Account, or on your written request, we will delete or return End-Contact Personal Information and your account data in accordance with the retention and deletion practices described in the Privacy Policy and Section 13, subject to (a) data we are required to retain by law (for example, billing, tax, or anti-fraud records) and (b) aggregated or de-identified data that no longer identifies any individual. Where you request an export of your data, we will make it available for thirty (30) days following termination, after which it may be deleted. We are not responsible for data retained independently by a Subprocessor under its own terms and retention schedule.

9. Fees, Account Balance, Subscriptions & Billing

This Section explains how much you pay, how usage is measured, how taxes apply, and what happens when payments fail or you cancel. All Fees are stated and payable in the currency shown at checkout (the "Billing Currency"). Unless we expressly state otherwise in writing, all amounts exclude Taxes.

9.1 Components of What You Pay

The amounts you owe are made up of one or more of: a Subscription Fee (a recurring fee for access to a plan and its included features/allotments); a Prepaid Balance (Account Balance — funds you load in advance, drawn down as you use metered features; a credit toward future use, not a deposit, not a stored-value or money instrument, and not redeemable for cash except as expressly required by law); Usage Charges (per-unit charges for Metered Usage that exceed any plan allotment or are billed pay-as-you-go); and Taxes (Section 9.7). Together, these and any other amounts payable under these Terms are the "Fees."

9.2 How Subscriptions Work

Subscription Fees are billed in advance for each billing period (the "Billing Cycle"). On a plan change, upgrades may take effect immediately (and we may charge a prorated amount for the remainder of the current Billing Cycle) and downgrades generally take effect at the start of the next Billing Cycle. Included allotments do not carry over between Billing Cycles unless we expressly state otherwise and have no cash value. Any free trial, promotional credit, or discount applies only as described when offered; unless we say otherwise, your Subscription converts to paid at the end of any trial and your payment method (or Prepaid Balance) will be charged the then-current Subscription Fee.

9.3 Metered Usage — How We Measure It

"Metered Usage" means features billed based on consumption, which may include voice call minutes (inbound and outbound), telephone numbers provisioned or rented, SMS messages sent and received, AI processing (model, transcription, or generation usage), and other consumption-based features identified on our pricing page. We measure Metered Usage using our own systems and the records of our infrastructure providers (including Telnyx, LiveKit, and Google Gemini); our records and theirs are the authoritative basis for calculating Usage Charges, absent manifest error. Call minutes and other units may be rounded up to the nearest billing increment, and minimum charges, connection fees, or per-number monthly fees may apply, as described on our pricing page. You are responsible for all Metered Usage generated through your Account, including usage that is unsuccessful, unanswered, unwanted, erroneous, the result of misconfiguration, or generated by anyone you allow to access your Account or by automated behaviour you configure (for example, a follow-up calling campaign or an auto-reply rule). Carrier and connection charges may accrue even when a call is not answered, is answered by voicemail, is blocked or filtered, or a message is not delivered. The Services use a synthetic, automated AI voice and automated logic that can make mistakes; usage generated by the AI — including calls it places, messages it sends, retries, and conversation length — counts as Metered Usage and is billed accordingly, even where the output is inaccurate, incomplete, or undesired (your responsibilities for scripts, personas, contact lists, lawful basis, and consent are addressed in Sections 3, 4, and 5).

9.4 Prepaid Balance, Drawdown & Low-Balance Behaviour

As you incur Usage Charges, we deduct them from your Prepaid Balance in approximately real time or shortly after the usage occurs; because some provider records arrive with a delay, your displayed balance may be adjusted retroactively. The Services may require a minimum available balance before initiating a call or sending a message and may decline, pause, or stop Metered Usage if your Prepaid Balance is insufficient. This is a safeguard, not a guarantee: due to timing, concurrency, rounding, and provider reporting delays, your balance may go negative; you agree to pay any negative balance, and we may charge your payment method or net it against your next top-up. If you enable auto-reload, you authorize us (through our payment processor) to charge your payment method the amount and at the threshold you select whenever your Prepaid Balance falls below it; you can disable auto-reload at any time, which may cause the Services to pause when your balance runs out. Your Prepaid Balance does not earn interest, and we do not hold it in trust or as a fiduciary unless required by law.

9.5 Payment Processing & Authorization

Payments are processed by a third-party payment processor (currently Stripe). We do not store your full card or banking credentials; those are handled by the processor under its own terms and privacy policy, which you also agree to when you provide payment information. The processor may act as merchant of record for certain transactions, in which case its terms govern the payment transaction and applicable Taxes may be collected and remitted by it. By providing a payment method and/or loading a Prepaid Balance, you authorize us and our processor to charge that payment method for all Fees as they become due, including recurring Subscription Fees, auto-reload top-ups, Usage Charges (where billed to your method), negative balances, applicable Taxes, and any amounts you owe. You must keep your billing and payment information current, complete, and accurate; if a payment method expires or is declined, you remain responsible for all Fees incurred.

9.6 Auto-Renewal & Cancellation

Your Subscription renews automatically at the end of each Billing Cycle for another period of the same length, at the then-current Subscription Fee, until you cancel; by subscribing, you authorize these recurring charges. You may cancel auto-renewal at any time through your account settings or by contacting us at support@harvesty.ca. Cancellation stops future renewals; it does not retroactively cancel the current Billing Cycle. Unless applicable law or these Terms require otherwise, cancellation takes effect at the end of the then-current Billing Cycle; you keep access until that date and remain responsible for all Usage Charges and other Fees incurred up to the effective date, including usage still being reconciled. You may also terminate for convenience on thirty (30) days' notice, with the same effect (cancellation takes effect at the end of the then-current Billing Cycle and previously incurred Fees remain payable). Certain cancellation, renewal-notice, and other rights under Quebec's Consumer Protection Act apply only to consumer contracts; these Terms are a business-to-business agreement and you represent that you are entering it for business purposes, so those consumer-specific rules are generally not intended to apply. Nothing in these Terms waives any right that applies and cannot be waived by law.

9.7 Taxes (GST/QST and Others)

Unless we expressly state that a price is tax-inclusive, all Fees are exclusive of Taxes. "Taxes" means all sales, use, value-added, goods-and-services, and similar taxes and levies, including Canadian federal GST and Quebec QST, and any equivalent or successor taxes in your jurisdiction, but excluding taxes on our net income. You are responsible for paying all Taxes associated with your purchase and use of the Services; we or our payment processor will charge applicable Taxes in addition to the Fees and remit them as required, based on the billing and location information you provide. If you are tax-exempt or wish to provide a registration/exemption number, you must give us valid supporting documentation in advance; otherwise we will charge applicable Taxes. If law requires you to withhold any amount from a payment to us, you must gross up the payment so we receive the full amount we would have received without the withholding.

9.8 Failed or Late Payment; Suspension; Balance Forfeiture

If any charge fails or any Fee is not paid when due, we may retry the charge, and the unpaid amount becomes immediately payable. We may charge interest on overdue amounts at the lesser of 1.5% per month (approximately 19.56% per year) or the maximum rate permitted by law, plus reasonable costs of collection (including reasonable legal and processor fees), to the extent permitted by law. We may suspend, pause, throttle, or limit your access (including outbound calling and SMS) if your Prepaid Balance is insufficient; a payment fails or is overdue; a chargeback or dispute is filed; or we reasonably suspect fraud, abuse, or a violation of these Terms (including Sections 4 and 5). Suspension does not relieve you of your obligation to pay Fees already incurred. If you initiate a chargeback or payment dispute for a charge that is valid under these Terms, we may suspend your Account and charge you for the disputed amount plus related processor fees (please contact us first at support@harvesty.ca — see Section 9.9). Dormancy and balance forfeiture. Subject to applicable law, upon termination for your breach or non-payment, or where your Account has been dormant for twelve (12) consecutive months (no logins and no Metered Usage), any remaining Prepaid Balance may be forfeited and is non-refundable. Where applicable law requires us to treat unused prepaid amounts differently (for example, as unclaimed property or a refundable balance), we will comply with that law, and this forfeiture provision applies only to the extent permitted.

9.9 Refunds

Except as expressly stated in these Terms or as required by applicable law, all Fees are non-refundable, and there are no refunds or credits for partial Billing Cycles, unused Subscription allotments, unused Prepaid Balance, or Usage Charges already incurred (including AI-generated, unanswered, undelivered, or unwanted calls and messages — see Section 9.3). Billing errors. If you believe you were charged in error, contact us at support@harvesty.ca within sixty (60) days of the charge with reasonable detail; if we confirm an error on our side, we will, at our discretion, issue a refund or a credit to your Prepaid Balance for the affected amount. This is your exclusive remedy for a billing error, absent a contrary requirement of law. Any goodwill credit or refund we choose to provide does not waive this policy or obligate us to provide the same in future. Service credits, where offered (for example, under a service-level commitment, if any), are your sole and exclusive remedy for the issue they address.

9.10 Price Changes

We may change Subscription Fees, Usage rates, plan inclusions, and other pricing. For changes that increase the recurring Subscription Fee or the rates applicable to your plan, we will give you at least thirty (30) days' advance notice (for example, by email or in-app notice). Price changes to Subscription Fees take effect at the start of your next Billing Cycle after the notice period. Changes to Usage rates and to third-party pass-through charges (such as carrier, telephony, messaging, or AI-provider costs imposed by Telnyx, LiveKit, or Google Gemini) may take effect on the date stated in the notice and apply to usage on or after that date, and we will endeavour to give reasonable notice. If you do not agree to an increase, your remedy is to cancel before the change takes effect (Section 9.6). Continuing to use the Services, renewing, or loading additional Prepaid Balance after a price change takes effect constitutes acceptance of the new pricing.

9.11 Records & Invoices

We make billing statements, usage records, and/or invoices available through your Account. You agree to receive these and related billing notices electronically. Any dispute relating to Fees, billing, or this Section is governed by Section 14 (Governing Law, Language & Dispute Resolution).

10. Disclaimers of Warranties

Please read this Section carefully. It works together with Sections 13, 14, 4, 5, and 3.

10.1 "AS IS" and "AS AVAILABLE"

To the fullest extent permitted by applicable law, the Services — including the AI Assistant, the platform (websites, dashboards, APIs, and software), and all related software, data, content, outputs, and documentation — are provided "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS," without warranties, representations, conditions, or guarantees of any kind, whether express, implied, statutory, or otherwise. Your access to and use of the Services is at your own risk, and you alone assume the entire risk as to their quality, performance, accuracy, and results.

10.2 No Implied or Statutory Warranties

To the fullest extent permitted by applicable law, Harvesty and its affiliates, suppliers, licensors, and service providers expressly disclaim all warranties and conditions of any kind, whether express or implied, including any implied warranties or conditions of merchantability and fitness for a particular purpose; quality, durability, and absence of latent defects; title and non-infringement; accuracy, completeness, reliability, timeliness, and currency of any output, transcript, summary, lead qualification, or data; and warranties arising from a course of dealing, course of performance, usage of trade, or representations made in any marketing material, demonstration, or communication. No advice, information, or statement — oral or written — that you obtain from Harvesty, the platform, the AI Assistant, or our personnel creates any warranty or obligation not expressly stated in these Terms.

10.3 No Warranty as to Performance, Availability, or Uptime

We do not warrant that the Services will be uninterrupted, secure, timely, error-free, or free of viruses, malware, or other harmful components, or that defects will be corrected. The Services depend on Third-Party Providers (including Telnyx, LiveKit, Google Gemini, Supabase, and our payment processor) over which we have limited or no control. Accordingly, we do not warrant or guarantee: any minimum level of availability, uptime, throughput, latency, or service level; that any call will be successfully connected, completed, or recorded, or that audio quality will be acceptable; that any SMS, voice message, notification, appointment, calendar event, or other communication will be delivered, delivered on time, delivered to the intended recipient, or not be blocked, filtered, throttled, mislabeled (for example, flagged as spam or fraud), or rejected by carriers, handset operating systems, messaging platforms, or recipients; or that telephone numbers, caller-ID, sender identifiers, or message routing will function in any particular manner, remain assigned to you, or avoid carrier-level filtering, registration requirements, or reputation effects.

10.4 No Warranty of Results, Leads, or Business Outcomes

The Services are tools. We do not warrant or promise any particular result or outcome, including any number or quality of leads, contacts, conversations, callbacks, appointments, or bookings; any rate of lead conversion, answer, engagement, retention, sales, revenue, or return on investment; the accuracy of any lead qualification, scoring, classification, sentiment analysis, or routing decision; or the suitability of the Services for your specific business, industry, market, or use case. Any examples, projections, benchmarks, or performance figures are illustrative only, are not commitments, and your actual results may differ materially.

10.5 AI Output May Be Inaccurate — You Assume the Risk

The AI Assistant relies on machine-learning and generative-AI systems that are probabilistic, non-deterministic, and inherently imperfect. You expressly acknowledge and agree that AI output can be wrong, incomplete, misleading, outdated, biased, or fabricated (including "hallucinations") and may misunderstand speech, accents, languages, context, intent, or instructions; that the AI may mishear, mistranscribe, mistranslate, misroute, or misbook, may say things you did not intend, may fail to capture or relay information, and may schedule, reschedule, or cancel appointments incorrectly; that the AI uses a synthetic / automated voice and may cause calls and messages to be treated as automated, prerecorded, autodialed, or artificial-voice communications under applicable laws (Sections 3 and 5); and that you configure, control, and are responsible for the scripts, prompts, personas, voices, greetings, disclosures, calling lists, schedules, and other settings, and for reviewing, verifying, and supervising the AI's outputs before relying on them. You assume all risk arising from your reliance on AI output. Do not rely on the AI Assistant for advice or decisions that require professional judgment (legal, financial, tax, real-estate brokerage, medical, or other regulated advice), and independently verify any information before acting on it or passing it to an End Contact or third party.

10.6 No Warranty of Legal or Regulatory Compliance

The Services are general-purpose tools and are not a compliance solution. We do not warrant or guarantee that your use of the Services — or any call, message, script, persona, disclosure, recording, calling time, frequency, or calling list — complies with any law applicable to you or any End Contact. As stated in Sections 4 and 5, you are the legal caller and sender and are solely responsible for having a lawful basis and any required consent and for compliance with all applicable Telecommunications Laws and recording and privacy laws. Any feature, default setting, disclosure prompt, opt-out handling, do-not-call suppression, or template we make available is provided as a convenience only, may be incomplete or inaccurate, does not constitute legal advice, and does not relieve you of your compliance obligations.

10.7 Third-Party Services and Content

The Services interoperate with and depend on the Third-Party Providers and may include or link to third-party services, content, networks, calendars, or integrations. We do not control and are not responsible for, and we disclaim all warranties regarding, the availability, performance, accuracy, security, legality, or content of any third party, and your use of any third-party service is governed by that third party's own terms and policies.

10.8 Quebec Legal Warranties Preserved Only as Required by Law

Some jurisdictions, including the Province of Quebec, Canada, do not allow the exclusion of certain warranties, guarantees, or legal rights, or limit the extent to which they may be excluded. Nothing in these Terms excludes, restricts, or modifies any warranty, guarantee, condition, or right that cannot lawfully be excluded, restricted, or modified under applicable law, including any non-excludable legal warranty under the Civil Code of Québec or any non-waivable protection under Quebec's Consumer Protection Act to the extent it applies. Where applicable law does not permit the disclaimer of an implied or statutory warranty in full, such warranty is limited in duration and scope to the minimum permitted by that law, and all other disclaimers continue to apply to the fullest extent permitted. Because these Terms govern a business-to-business relationship between Harvesty and a business Customer acting in the course of an enterprise, certain consumer-protection warranties may not apply; this Section disclaims warranties only to the extent the law allows and preserves all warranties the law requires to be preserved.

10.9 Allocation of Risk

The disclaimers in this Section, together with Sections 13 and 14, reflect a reasonable allocation of risk between you and Harvesty, form an essential basis of the bargain, were the basis on which the Fees were set, and survive any termination or expiration of these Terms.

11. Limitation of Liability

11.1 Allocation of Risk

The Services are a software tool. As described in Sections 2, 3, and 10, Harvesty provides an automated assistant that answers and places calls in a synthetic AI voice, sends and receives SMS, qualifies leads, and books appointments — but the Customer remains the legal caller and sender, controls the scripts, personas, contact lists, and lawful basis for every Communication, and depends on Third-Party Providers (Telnyx, LiveKit, Google Gemini, Supabase, and our payment processor) that we do not control. The Fees reflect this allocation of risk and would be substantially higher if we assumed liability for the matters excluded below. The limitations and exclusions in this Section are a fundamental basis of the bargain, are reasonable given the nature and price of the Services, and apply even if any limited remedy fails of its essential purpose. They apply to the maximum extent permitted by applicable law and survive termination.

11.2 Exclusion of Indirect and Other Damages

To the maximum extent permitted by applicable law, neither party — and in particular Harvesty, its affiliates, and its and their directors, officers, employees, agents, suppliers, and licensors (the "Company Parties") — shall be liable to the other for any indirect, incidental, consequential, special, exemplary, or punitive damages; loss of profits or anticipated savings, loss of revenue, or loss of business opportunity; loss, corruption, or inaccuracy of data, records, or content; loss of goodwill or reputational harm; cost of procuring substitute goods or services; or business interruption or downtime — however caused and under any theory of liability (whether in contract, extra-contractual liability or tort including negligence, strict liability, statute, or otherwise), and even if the party has been advised of, knew of, or should have known of the possibility of such damages. For greater certainty, and without limiting Sections 10 and 3, the Company Parties are not liable for damages arising out of: outbound or inbound calls or messages sent, missed, mis-routed, delayed, or not delivered; errors, "hallucinations," misstatements, omissions, mispronunciations, or inappropriate responses produced by the AI; appointments booked, mis-booked, or missed; leads lost, misqualified, or not captured; actions taken by End Contacts in response to Communications; or any claim, complaint, penalty, fine, or regulatory action arising from your use of the Services to contact any person (including under the matters described in Sections 4 and 5, such as the CRTC Unsolicited Telecommunications Rules, CASL, the National Do Not Call List, Quebec's Consumer Protection Act and Law 25, and the U.S. TCPA).

11.3 Aggregate Liability Cap

To the maximum extent permitted by applicable law, the total aggregate liability of the Company Parties for all claims arising out of or relating to this Agreement or the Services, in the aggregate and across all such claims, shall not exceed the greater of: (a) the total amount of Fees actually paid by you to Harvesty for the Services during the three (3) months immediately preceding the event first giving rise to the liability; or (b) one hundred Canadian dollars (CAD $100). The following clarifications apply: amounts you prepay into your Account Balance count toward the cap only once consumed as Fees for Services actually rendered (unused Prepaid Balance is addressed under Section 9, not this cap); the existence of more than one claim, or of claims by more than one of your affiliates or users, does not enlarge the cap (it is a single, combined limit); and the cap is not increased by amounts you owe or pay to Telnyx, LiveKit, Google, Supabase, the payment processor, or any other third party.

11.4 Carve-Outs — Liability That Cannot Be Excluded

Nothing in this Agreement excludes, restricts, or limits any liability that cannot lawfully be excluded or limited under applicable Quebec or Canadian law. In particular, the exclusions and the cap in this Section do not apply to liability for: bodily or moral injury (préjudice corporel ou moral) caused to a person, to the extent such liability cannot be limited under the Civil Code of Québec; Harvesty's own intentional fault (faute intentionnelle) or gross fault (faute lourde); and any other liability that, under applicable law, cannot be excluded or limited by contract. Where applicable law permits exclusion or limitation only in part, the exclusions and cap apply to the maximum extent so permitted, and the carve-outs above are construed no more broadly than required by that law.

11.5 Customer Obligations Unaffected

This Section limits Harvesty's liability to you. It does not limit, reduce, or affect your payment obligations under Section 9 or your indemnification obligations under Section 14, including your obligation to defend, indemnify, and hold the Company Parties harmless against third-party and regulatory claims arising from your use of the Services and your Communications with End Contacts.

11.6 Basis and Interpretation

Each provision of this Section that provides for a limitation of liability, exclusion of damages, or allocation of risk operates separately and independently. If any such provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision is to be modified only to the minimum extent necessary to make it enforceable, consistent with Sections 18.9 (Severability) and 18 (Governing Law and Language).

12. Indemnification

12.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Harvesty and its owner, and their respective personnel, agents, contractors, suppliers, licensors, and service providers (including our infrastructure providers such as Telnyx, LiveKit, Google, Supabase, and our payment processor) (collectively, the "Indemnified Parties") from and against any and all third-party claims, demands, actions, investigations, proceedings, regulatory inquiries, audits, complaints, charges, and notices of violation (each, a "Claim"), and any and all resulting or related losses, damages, liabilities, settlements, judgments, awards, fines, penalties, administrative monetary penalties, sanctions, costs, and expenses (including reasonable legal fees, expert fees, disbursements, and the costs of responding to regulators or subpoenas) (collectively, "Losses") that arise out of, result from, or relate to:

your use of the Services, the Account, the API, or any output of the Services, including any call placed or answered and any SMS or other message sent or received through the Services on your behalf;
your Content, including any script, persona, prompt, knowledge base, voicemail, recording, calendar entry, contact list, lead data, or other material you upload, configure, generate, or transmit, and the AI's use of that Content (Sections 7 and 3);
your calling and messaging practices, including any failure to have a lawful basis, valid consent, or required disclosure to contact an End Contact, and any breach of telemarketing, anti-spam, do-not-call, automated/pre-recorded-voice, autodialer, calling-hours, caller-identification, or privacy requirements — including the CRTC Unsolicited Telecommunications Rules, the National Do Not Call List (DNCL), CASL, Quebec's Consumer Protection Act, Law 25, and, where applicable, the U.S. TCPA (the Telecommunications Laws) (Sections 4 and 5);
your collection, use, disclosure, retention, or transfer of Personal Information of any End Contact or other individual, including any obligation as the controller or person responsible for such Personal Information;
any allegation that your Content or your use of the Services infringes, misappropriates, or violates any intellectual property right, privacy right, publicity right, or other right of any person;
your breach or alleged breach of these Terms, of any representation, warranty, or covenant you make, or of any applicable law, rule, regulation, or order; and
your fraud, gross negligence, wilful misconduct, or unauthorized access to or use of the Services through your Account or Credentials.

This indemnity applies regardless of whether the Claim alleges that an Indemnified Party was also at fault, except to the extent a final, non-appealable judgment of a court of competent jurisdiction determines that the Losses were caused directly by the Indemnified Party's own gross negligence or wilful misconduct.

12.2 Allocation of Caller Responsibility

You acknowledge and agree that, for every call placed or answered and every message sent through the Services, you are the caller, sender, and initiator, and Harvesty acts only as a tool and technical intermediary acting on your instructions. As between you and Harvesty, you bear sole responsibility for the lawfulness of each Communication, including for having a lawful basis, valid consent, and any required disclosure (including disclosure that an artificial or synthetic voice is being used) and for honouring do-not-call and opt-out requests, and this indemnity reflects that allocation. This Section survives any termination or expiry of these Terms and is in addition to, and does not limit, any other remedy available to Harvesty at law or in equity.

12.3 Indemnification Procedure

Notice. Harvesty will use commercially reasonable efforts to notify you in writing of the Claim within a reasonable time after becoming aware of it. A delay in, or failure to provide, such notice will not relieve you of your obligations except to the extent you are materially prejudiced by the delay.
Control of defence. Harvesty may, at its option, (i) permit you to assume control of the defence and settlement of the Claim with counsel reasonably acceptable to Harvesty, or (ii) elect to control its own defence. If you assume the defence, you may not, without Harvesty's prior written consent, enter into any settlement or consent to any judgment, order, or relief that (a) imposes any liability, payment, restriction, or obligation on any Indemnified Party, (b) includes any admission of fault, wrongdoing, or violation of law by any Indemnified Party, or (c) does not include a full and unconditional release of the Indemnified Parties.
Right to participate / assume control. Harvesty may, at its own expense, participate in the defence with counsel of its choosing, and may assume or re-assume sole control of the defence and settlement at any time, including where the Claim (i) involves a regulator, criminal allegation, or potential injunctive or non-monetary relief, (ii) involves Harvesty's intellectual property, brand, or infrastructure providers, or (iii) is not, in Harvesty's reasonable judgment, being diligently or competently defended. Your obligations (including for fees and Losses) continue in full despite any such assumption of control.
Cooperation. You will provide reasonable cooperation, information, records, and assistance, at your expense, in connection with the investigation, defence, and settlement of any Claim.
Payment. You will pay all indemnified Losses as they are incurred, and Harvesty may apply or set off any prepaid Account Balance or amounts otherwise owed to you against such Losses, without limiting its other rights.

12.4 Relationship to Other Sections

This Section operates together with and does not limit Sections 10, 13, 5, 4, and 7. Section 13 (Limitation of Liability) limits Harvesty's liability to you; it does not cap, reduce, or otherwise apply to your indemnification obligations under this Section. Any dispute under this Section is governed by Section 14, including the good-faith resolution period and the exclusive jurisdiction of the courts of the judicial district of Montréal, Quebec (laws of the Province of Quebec and the federal laws of Canada applicable therein).

13. Term, Suspension, Termination & Effect

13.1 Term and Renewal

This Agreement takes effect on the earliest of the date you accept these Terms, create an Account, or first access or use the Services, and continues for as long as you maintain an Account (the "Term"). If you purchase a recurring Subscription, it runs for the billing cycle you selected (the "Subscription Period" — for example, monthly or annual) and automatically renews for successive Subscription Periods of the same length, at the then-current rate, unless cancelled before the end of the current Subscription Period (Section 13.2). Renewal charges are billed in accordance with Section 9. Use of the Services is also funded by a prepaid Account Balance you load in advance; maintaining an Account Balance does not, by itself, constitute a Subscription, and an active Subscription does not relieve you of the obligation to maintain a sufficient Account Balance to cover usage-based charges. Any free trial, credit, or promotional offer applies only for the period and on the conditions we specify and may be modified or withdrawn at any time; unless we state otherwise, a trial converts to a paid Subscription at the end of the trial period unless you cancel beforehand.

13.2 Termination by You

You may terminate this Agreement at any time by cancelling your Subscription and/or closing your Account through the in-product controls or by contacting us at support@harvesty.ca. Cancellation of a Subscription takes effect at the end of the then-current Subscription Period; you retain access until that date, and the Subscription will not renew thereafter. Cancellation does not retroactively cancel a Subscription Period already in progress. Except where a non-waivable refund right is granted to you by applicable law (including Quebec's Consumer Protection Act to the extent it applies), cancellation does not entitle you to a refund of prepaid Subscription Fees for the current Subscription Period or of any unused Account Balance, except as expressly provided in Section 9. You remain responsible for all calls, messages, and other activity initiated through your Account up to the moment termination takes effect, including any charges incurred and any End Contact Communications sent on your behalf.

13.3 Termination by Us for Convenience

We may terminate this Agreement, or discontinue the Services (in whole or in part), for any reason or no reason by giving you at least thirty (30) days' prior written notice (which may be by email to the address associated with your Account). If we terminate for convenience under this paragraph (and not for a reason under Section 13.4), we will, as your sole remedy, refund the pro-rated portion of any prepaid Subscription Fee covering the period after the termination date and return your unused, non-promotional Account Balance, in each case net of amounts you owe us.

13.4 Suspension and Termination for Cause

We may suspend (temporarily disable or throttle) or terminate (permanently end) your access to the Services, your Account, or this Agreement — in whole or in part, immediately and without prior notice or liability — if: (a) Breach — you breach, or we reasonably believe you have breached, any term of this Agreement (including Sections 4, 5, and 3) or violate any applicable law referenced in those Sections (including the CRTC Unsolicited Telecommunications Rules, CASL, the National Do Not Call List (DNCL), the Consumer Protection Act, Law 25, or, where applicable, the U.S. TCPA); (b) Non-payment — a charge is declined or reversed, a chargeback is initiated, your payment method fails, or your Account Balance is insufficient (we may suspend usage-based features immediately when your balance is exhausted and may terminate the Account if amounts remain unpaid after we provide notice and a reasonable opportunity to cure where required by law); (c) Legal, safety, or risk reasons — we are required to do so by law, court order, or a request from a regulator, telecommunications carrier, or one of our infrastructure providers (including Telnyx, LiveKit, Google Gemini, Supabase, or our payment processor), or we reasonably believe your use creates a legal, security, fraud, reputational, deliverability, or operational risk to us, our providers, an End Contact, or any third party (including suspected spam, scam, spoofing, complaint spikes, abnormal traffic patterns, or carrier blocking); (d) Provider action — an upstream provider suspends, restricts, deprovisions, or terminates a service, number, or capability the Services depend on (in which event our corresponding suspension or termination is not a breach by us); or (e) Prolonged inactivity or insolvency — your Account remains inactive for an extended period as described in our policies, or you become insolvent, make an assignment for the benefit of creditors, or become subject to bankruptcy or similar proceedings. Where practical and lawful, we will tailor a suspension to the offending activity (for example, pausing outbound dialing or a specific number) rather than disabling the entire Account, and will lift a suspension once the underlying cause is resolved to our reasonable satisfaction. A suspension does not extend your Subscription Period or pause Subscription Fees, and we may convert a suspension to a termination if the cause is not cured. We are not liable to you or any third party for any suspension or termination undertaken in accordance with this Section.

13.5 Effect of Termination

On expiry or termination of this Agreement, or on closure of your Account: Access ends — your right to access and use the Services ends immediately, all active and scheduled calls, campaigns, messages, and automations are stopped or disabled, and any licences granted under Section 7 terminate; we may deactivate or release telephone numbers, integrations, and webhooks associated with your Account, which may not be recoverable. Outstanding amounts — all Fees and charges accrued or payable up to the effective date become immediately due; termination does not relieve you of the obligation to pay amounts already owed, including usage incurred before access was disabled. Remaining Account Balance — subject to applicable law and to deduction of any amounts you owe us (including unpaid usage, fees, chargeback and reversal costs, and losses arising from your breach): if we terminate for convenience (Section 13.3) or you terminate because of our uncured material breach, we will return your unused, non-promotional Account Balance; if we terminate for cause or you terminate voluntarily, your unused Account Balance is treated as set out in Section 9 (and promotional credits, bonus amounts, and trial credits are not cash, are non-refundable, and are forfeited on termination). Data export window — for a period of thirty (30) days following termination (the "Export Window"), and provided your Account is not under a legal hold and you are not in material unpaid default, we will make available, or provide on request, a reasonable export of Your Data (such as contacts, call and message records, transcripts, and appointment data) in a commonly used machine-readable format; it is your responsibility to retrieve Your Data during the Export Window, and we may require overdue amounts to be paid before facilitating an export beyond standard self-service tools. Recordings, transcripts, and logs — call recordings, transcripts, and related logs are kept while your Account is active and for twelve (12) months after your Subscription ends, after which they are deleted or anonymized unless a longer period is required by law. Data deletion (Law 25) — after the Export Window, we will delete or anonymize Your Data from active production systems within a commercially reasonable period, consistent with our obligations under Law 25, the Privacy Policy, and Section 8, except that we may retain data: (i) as required to comply with legal, tax, accounting, audit, or regulatory obligations; (ii) where necessary to establish, exercise, or defend legal claims, or to resolve disputes and enforce our agreements; (iii) in routine encrypted backups, which are overwritten on our normal backup cycle; and (iv) in de-identified or aggregated form that does not reasonably identify you or any individual. Data held by our infrastructure providers is deleted in accordance with their respective retention and deletion practices. End Contact records you uploaded or generated remain your responsibility as the controller/business under applicable privacy law, including any obligation to notify or honour requests from those individuals after termination. Return or destruction of materials — each party will, on the other's reasonable request, return or destroy the other's confidential information in its possession, subject to the retention exceptions above and to legal record-keeping requirements.

13.6 Survival

Termination or expiry does not affect any right, obligation, or liability that has accrued before that date. Any provision that by its nature is intended to survive will survive, including, without limitation: Section 9 (as to amounts owed and balance treatment), Sections 4 and 5, Section 7, Section 8 (including post-termination deletion obligations), Section 6, Section 10, Section 11, Section 12, this Section, and Section 14 (including the Quebec governing-law, Montréal forum, and French-and-English language clauses), together with any definitions needed to interpret them.

14. Governing Law, Language, Disputes, Changes & Miscellaneous

This Section sets out the legal framework that governs these Terms, how disputes are handled, how we may change the Terms, and the standard "fine print." Throughout these Terms, "Harvesty", "the Company", "we", "us", and "our" mean Harvesty, a service operated by its owner. Harvesty is not yet incorporated; once it is, the operator's legal entity details will be provided here and on request. These Terms are effective as of, and were last updated on, June 22, 2026.

14.1 Governing Law

These Terms, and any contract, dispute, claim, or matter arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by and construed in accordance with the laws in force in the Province of Quebec, Canada, and the federal laws of Canada applicable in that province, without regard to conflict-of-laws principles that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this Section limits or overrides any mandatory legal protection that applies to you and cannot be waived or contracted out of — including, where applicable, Quebec's Consumer Protection Act, the Civil Code of Québec, and Law 25. Where a mandatory rule conflicts with a provision of these Terms, that mandatory rule prevails to the extent of the conflict, and the rest of the Terms remain in effect (Section 14.9).

14.2 Language (Charter of the French Language / Bill 96)

The Company carries on business in Quebec, and these Terms are subject to the Charter of the French Language, as amended (including by Bill 96). These Terms are provided in both French and English (Conditions d'utilisation), and the French version is available at the same location as, or on request alongside, this English version. By accepting these Terms, you confirm that you have been given the opportunity to review the French version and that you are bound by both language versions, which are intended to have the same meaning and legal effect. Les parties reconnaissent avoir exigé que la présente entente et tous les documents qui s'y rapportent soient rédigés en français et en anglais. The parties have expressly required that this Agreement and all related documents (including notices, invoices, and other communications) be drawn up in French and in English. Conflict between versions: in the event of any inconsistency, ambiguity, or discrepancy between the French and English versions, for Customers in Quebec the French version governs and prevails to the extent required by applicable Quebec law. This language clause does not reduce any right you have under the Charter of the French Language to receive documents in French.

14.3 Informal Dispute Resolution (Required First Step)

Before starting any court proceeding, each party agrees to first try to resolve the dispute informally. The party raising the dispute will send the other a written "Notice of Dispute" — to the Company at support@harvesty.ca (or the mailing address available on request under Section 14.16), or to the Customer at the email or account on file — describing the nature and basis of the claim and the relief sought. For thirty (30) days after a Notice of Dispute is received, the parties will negotiate in good faith — by email, phone, or video, escalating to a senior contact on each side if helpful — to try to reach a resolution. If the dispute is not resolved within that period, either party may bring the matter before the courts (Section 14.4). Completing (or attempting in good faith) this step is a precondition to litigation, except that either party may at any time seek urgent injunctive or other equitable/conservatory relief (for example, to stop misuse of the Services, protect confidential information, or protect intellectual property) without first completing it. Engaging in informal resolution does not waive, suspend, or extend any limitation or prescription period unless the parties agree in writing or applicable law provides otherwise.

14.4 Forum & Jurisdiction

Subject to Section 14.3 and to any mandatory legal protection that applies to you, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec sitting in the judicial district of Montréal, and to the appellate courts having jurisdiction over them, for any dispute arising out of or relating to these Terms or the Services. Each party waives any objection to that venue on the basis of inconvenient forum (forum non conveniens) or improper venue, to the fullest extent permitted by law. Where a mandatory rule of Quebec consumer or other law would give you the right to bring proceedings in a different venue (or would prohibit a venue restriction), that mandatory rule prevails for those proceedings.

14.5 No Mandatory Arbitration or Class-Action Waiver

Harvesty does not require you to submit to mandatory binding arbitration and does not ask you to waive your right to participate in a class action. This is a deliberate choice: rather than impose such terms, Harvesty has chosen to keep disputes in the courts. Disputes proceed through the informal good-faith step above (Section 14.3) and then, if needed, before the courts of the judicial district of Montréal, Quebec (Section 14.4). The parties may mutually and voluntarily agree in writing, after a dispute has arisen, to submit that specific dispute to mediation or arbitration; absent such a separate written agreement, no arbitration is required. Nothing in these Terms shall be read as waiving, on your behalf, any right to a class action or to a judicial forum that applicable law preserves for you.

14.6 Changes to These Terms

The Company may amend, update, or replace these Terms from time to time, including to reflect changes in the Services, our Third-Party Providers (such as Telnyx, LiveKit, Google Gemini, Supabase, and our payment processor Stripe), pricing or plan structures, or applicable law. We will provide at least thirty (30) days' advance notice of any material change — including any price change — by a method we consider appropriate, for example by email to the address on your Account, by an in-product notice or banner, and/or by posting the updated Terms with a new "Last updated" date. For non-material changes (clarifications, formatting, or contact-detail updates), posting the revised Terms is sufficient. Unless a change states a different effective date, an amendment takes effect on the date stated in the notice (and not less than the minimum notice period required by applicable law for the type of change). If you continue to access or use the Services after the effective date of a change, you are deemed to accept the amended Terms. If you do not agree to a change, your remedy is to stop using the Services before the change takes effect and, if applicable, to cancel your Subscription and request a refund of any unused prepaid Account Balance in accordance with Section 9. No amendment will retroactively reduce a right that applicable mandatory law guarantees you for transactions already completed.

14.7 Assignment

You may not assign, transfer, delegate, sublicense, or otherwise dispose of these Terms or any of your rights or obligations under them, in whole or in part, without the Company's prior written consent; any purported assignment in breach of this clause is void. The Company may assign, transfer, or novate these Terms (and any rights or obligations), in whole or in part, without your consent: (a) to an affiliate; (b) in connection with a merger, acquisition, corporate reorganization, financing, incorporation of the business, or sale of all or substantially all of its assets or the business line to which the Services relate; or (c) to a successor service provider. We will give you notice of any such assignment that materially affects you. These Terms bind and benefit the parties and their permitted successors and assigns.

14.8 Force Majeure

The Company is not liable for any failure or delay in performing its obligations to the extent caused by an event beyond its reasonable control (a "Force Majeure Event"), including: acts of God; natural disasters; fire, flood, or extreme weather; epidemic or pandemic; war, terrorism, civil unrest, or government action, order, embargo, or change in law; labour disputes or strikes; power, internet, or telecommunications failures; failures, outages, suspensions, throttling, rate-limiting, or changes by third-party suppliers, carriers, or platforms (including Telnyx, LiveKit, Google Gemini, Supabase, the payment processor, upstream telecom carriers, and DNS/hosting providers); denial-of-service or other malicious attacks; and number-blocking, call-labelling, or spam-filtering decisions made by carriers or downstream providers. During a Force Majeure Event, the affected obligations are suspended for its duration, the Company will use commercially reasonable efforts to resume performance, and time for performance is extended accordingly. This clause does not excuse the Customer's obligation to pay amounts already due for the Services properly provided.

14.9 Severability

If any provision of these Terms (or part of a provision) is held by a court or other competent authority to be invalid, illegal, unenforceable, or void, that provision (or part) is, to the extent of the invalidity, severed, and the remaining provisions continue in full force. The parties will, in good faith, treat the severed provision as replaced by a valid and enforceable provision that comes as close as legally possible to the original commercial and legal intent. This is particularly intended to preserve Sections 10, 11, and 12 to the maximum extent permitted by law even if part of them is found unenforceable.

14.10 Entire Agreement

These Terms — together with any documents expressly incorporated by reference (including the Privacy Policy, your applicable plan or subscription details, and the Acceptable Use terms) — constitute the entire agreement between you and the Company with respect to the Services, and supersede and replace all prior or contemporaneous agreements, proposals, representations, understandings, and communications, whether oral or written. The handling of personal information and of call recordings, transcripts, and logs is governed by these Terms together with the Privacy Policy; there is no separate data processing addendum, order form, or master agreement, and you should not rely on any such separate document unless and until the Company expressly provides one in writing. Except for statements expressly set out in these Terms and the Privacy Policy, you confirm that you have not relied on any representation, warranty, or statement (including marketing materials or statements about deliverability, answer rates, lead quality, or AI accuracy). This clause does not exclude liability for fraud or fraudulent misrepresentation, or any liability that cannot be excluded by law. If there is a conflict between these Terms and an incorporated document, these Terms prevail unless the other document expressly states, in a writing provided by the Company, that it overrides these Terms for the specified subject matter.

14.11 No Waiver

No failure or delay by either party in exercising any right, power, or remedy operates as a waiver of it, nor does any single or partial exercise preclude any further exercise. A waiver is effective only if it is in writing and signed by (or on behalf of) the party granting it, and applies only to the specific instance and purpose for which it is given. The Company's failure to enforce a usage, payment, compliance, or Acceptable Use obligation on one occasion is not a waiver of its right to enforce it on any other occasion.

14.12 Notices

To the Customer: we may give notices by email to the address associated with your Account, by posting in the Services (in-product notice, banner, or dashboard message), or by any other contact method you have provided. You are responsible for keeping your contact information current; notices we send to the address on file are deemed received when sent (email) or posted (in-product). Operational, billing, security, and legal notices may be sent this way even if you have opted out of marketing communications. To the Company: formal legal notices (including a Notice of Dispute) must be sent in writing to support@harvesty.ca (or to the mailing address available on request under Section 14.16), and are deemed received on the earlier of actual receipt or the third (3rd) business day after sending by email, or the fifth (5th) business day after sending by recognized courier or registered mail. Notices may be given in French or English, consistent with Section 14.2.

14.13 Relationship of the Parties

The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship. As stated throughout (including Sections 4 and 5), the Customer — not the Company — is the legal caller and sender for every call placed and every message sent through the Services, and is solely responsible for having a lawful basis and any required consent to contact each End Contact, for honouring all do-not-call (DNC) and opt-out requests, and for compliance with all applicable Telecommunications Laws. The Customer further acknowledges that the Services use artificial intelligence and synthetic (AI-generated) voice, and the Customer is responsible for making any disclosure of that fact required by applicable law. The Company provides the Services only as a tool; it does not direct, control, or independently originate the Customer's outreach campaigns, scripts, or personas.

14.14 Survival

Any provision that by its nature is intended to survive termination or expiry will survive — including, without limitation, Section 9 (for amounts accrued), Section 7, Section 8, Section 6, Section 10, Section 11, Section 12, Section 13, this Section, and any definitions needed to interpret them.

14.15 Headings & Interpretation

Headings and subheadings are for convenience only and do not affect interpretation. "Including," "include," and "for example" are illustrative and not limiting. References to "in writing" include email and electronic records. Singular includes plural and vice versa. The Terms will not be construed against the drafting party.

14.16 Contact

For questions about these Terms, to send a legal notice, or to raise a Notice of Dispute, contact: Harvesty, a service operated by its owner; Attention: Customer Support / Legal; Email: support@harvesty.ca; Mailing address: available on request; Jurisdiction served: Province of Quebec, Canada. Once Harvesty is incorporated, its legal entity name and registered address will be added here and provided on request.