Harmonic Website and SaaS Platform Terms of Service
Update Date: Oct 31, 2025
1. Acceptance of Terms
Welcome to Harmonic, a property management software platform. These Terms of Service (“Terms”) are a binding agreement between you (referred to as “you” or “User”) and Harmonic (referred to as “Harmonic,” “Company,” “we,” or “us”). By accessing or using the Harmonic website or any of our services, applications, or software (collectively, the “Services”), you accept and agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Services.
Please also review our Privacy Policy, which explains how we collect and handle your data. The Privacy Policy is incorporated by reference into these Terms. By using our Services, you acknowledge that you have read and agree to the Privacy Policy as well.
2. Eligibility and Registration
Eligibility: You may use the Services only if you are legally able to form a binding contract. This generally means you must be an adult (18 years or older, or the age of majority in your jurisdiction). The Services are not intended for children under 13, and we do not knowingly allow such individuals to use the platform. If you are under 18, you may use the Services only with the involvement and consent of a parent or legal guardian.
Business Use: If you are using Harmonic on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, “you” refers to both you as an individual and the entity you represent.
Account Registration: To access many features of our Services, you will need to create an account. You agree to provide accurate, current, and complete information during sign-up and to keep that information up-to-date. You must not misrepresent your identity or create an account for someone else without their permission. We reserve the right to refuse registration or cancel accounts that violate these Terms or are suspected of being inauthentic or unauthorized.
3. Account Security and Responsibilities
When you register for an account, you will choose (or be provided with) a username and password. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Keep Your Account Secure: Do not share your password or give others access to your account. You must notify us immediately at support@harmonic.com (example) if you suspect any unauthorized use of your account or other security breach. We are not liable for any loss or damage arising from your failure to safeguard your account.
Account Use: You agree not to use anyone else’s account at any time without permission. Similarly, you must not allow others to use your account. Harmonic may consider any action taken through your account as being done by you.
Accuracy of Information: You are responsible for the accuracy of any information you provide or content you upload to the Services. Keep your contact information and payment details (if applicable) current so we can reach you if needed (for example, for billing issues or important updates).
Responsibility for Actions: You are liable for all actions taken under your account. If you have team members or other authorized users under your account (such as sub-users in a business account), you are responsible for ensuring they comply with these Terms. Any violation by your users may be deemed a violation by you.
4. Description of Services
Harmonic is an all-in-one, cloud-based property management system focused on small and medium-sized businesses (SMBs). Our platform offers a suite of AI-powered tools and features to help property owners, managers, and their teams manage various aspects of real estate operations, including but not limited to:
Maintenance Management: Report, track, and resolve maintenance requests with AI-assisted scheduling and predictive maintenance insights.
Sales and Rentals: Tools to manage property listings, lead tracking, tenant applications, and lease agreements for property sales and rentals.
Tenant Communication: Integrated communication channels (email, chat, notifications) for engaging with tenants/residents, including automated reminders and announcements.
Finance: Financial management features such as rent collection, expense tracking, invoicing, and integration with accounting systems (e.g., QuickBooks) for bookkeeping and reporting.
Marketing: Marketing and CRM tools (including possible integration with services like HubSpot) to help fill vacancies, manage leads, and analyze market data.
The Services may be accessed via our website and/or through any Harmonic mobile or desktop applications (if provided). We continually improve and update the platform, so specific features and functionalities may change over time. All new features that enhance or modify the current Services (including the release of new tools and resources) will be subject to these Terms unless otherwise stated.
Please note that while Harmonic provides tools to assist with property management tasks, you are ultimately responsible for complying with all applicable laws (for example, landlord-tenant laws, housing regulations, privacy laws) in your use of these tools. Our platform may offer suggestions (through AI or otherwise), but you should use your own judgment and, if necessary, consult professionals when making important decisions.
5. Subscription Plans, Billing, and Payment
Subscription Plans: Harmonic is offered as a subscription-based service. We may provide various plans (for example, based on number of units/properties, user seats, or feature tiers). When you register or upgrade, you will select a plan and agree to the associated fees and billing cycle (e.g., monthly or annual billing). Details of current plans and pricing are provided on our website or during the sign-up process.
Billing and Payment: By subscribing to a paid plan, you agree to pay all applicable subscription fees and any other charges (such as taxes or transaction fees) incurred in connection with your account, at the prices in effect when the charges were incurred.
Payment Method: You must provide a valid payment method (such as a credit card or other accepted payment method) and authorize us or our payment processor to charge it for the recurring subscription fees. Payment processing is handled by a third-party payment processor, so we do not directly store your full credit card information. You may be required to agree to the payment processor’s terms and conditions when adding a payment method.
Recurring Billing: Subscriptions automatically renew at the end of each billing cycle (monthly, yearly, or as per your plan) unless you cancel your subscription before the next renewal date. By providing your payment information, you authorize Harmonic to charge the subscription fee to your payment method on each renewal. We will email you in advance if there are any changes to the subscription price or terms.
Failed Payments: If we cannot charge your payment method (due to expiration, insufficient funds, or otherwise), we will notify you, and we may attempt to charge again. If payment remains unsuccessful, we may suspend or downgrade your account for non-payment. You are responsible for any fees or penalties imposed by your payment provider for failed charges.
Changes to Plans: You may be able to upgrade or downgrade your subscription plan. Upgrades may take effect immediately (with any additional fees prorated or charged immediately), while downgrades or cancellations typically apply from the next billing cycle. We will inform you of how any plan change affects your billing.
Cancellation: You can cancel your subscription at any time through your account settings or by contacting our support. If you cancel, you will continue to have access to the paid features until the end of your current billing period. Prepaid fees are generally non-refundable (unless required by law or explicitly stated otherwise). For example, if you cancel in the middle of a month or year for which you’ve already paid, you typically will not receive a refund for the remaining period. We do not offer refunds for partial use or unused Services, except at our discretion or where legally required.
Taxes: All fees are exclusive of taxes (such as sales, use, value-added tax (VAT), or GST). You are responsible for any taxes or duties payable in connection with your subscription or use of Services, other than taxes on our income. If we are required to collect taxes from you, we will add those to the fees and charge your payment method accordingly.
By subscribing, you acknowledge that your subscription has recurring payment features and you accept responsibility for all ongoing charges until you cancel. If you have any billing questions or disputes, please contact us at our support email so we can assist.
6. Use Restrictions and Acceptable Use Policy
We strive to foster a professional, secure, and lawful environment on Harmonic. By using our Services, you agree to adhere to the following acceptable use guidelines and not misuse the platform. In particular, you agree that you will not:
Illegal Activities: Use the Services for any unlawful purpose or in violation of any local, state, national, or international laws or regulations. This includes (but is not limited to) using the platform to engage in fraud, money laundering, stalking, harassment, or disseminating any illegal content.
Abusive Behavior: Upload, post, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, pornographic, or otherwise objectionable. You must not use Harmonic to threaten, harass, or harm others, or to send spam or unwanted communications (for example, unsolicited bulk emails or SMS) to tenants, users, or anyone else.
Infringe Rights: Upload or share content that you do not have the right to use, or that infringes upon the intellectual property rights, privacy rights, or any other rights of any person or entity. This includes pirated materials, unauthorized use of images, or personal data without consent.
Security Violations: Attempt to probe, scan, or test the vulnerability of the Services or any system or network associated with Harmonic. You must not attempt to gain unauthorized access to the Services or related systems or networks, or circumvent any access controls or security measures. Similarly, do not misuse the Services by knowingly introducing viruses, worms, malware, Trojan horses, or any other harmful or destructive code.
Interfere with Service: Interfere with or disrupt the integrity or performance of the Services or the data contained within them. This includes not performing any action that imposes an unreasonable or disproportionately large load on our infrastructure (e.g., no excessive automated scraping or bulk downloading of data without permission).
Misrepresentation: Impersonate any person or entity, or falsely state or misrepresent yourself (for example, falsely implying you are affiliated with Harmonic or another company).
Reselling or Unauthorized Use: Resell, rent, lease, or provide the Services in a commercial time-share or service bureau arrangement to any third party without our prior written consent. Also, you may not reverse engineer, decompile, or attempt to extract the source code of our software, except to the extent that such activity is expressly permitted by applicable law.
Data Misuse: Use the platform in a manner that violates the privacy of others. For example, do not use personal data obtained through the Services for purposes unrelated to the Service (such as harvesting information to build your own marketing list without consent). If our Services allow you to collect or message personal data (like tenant contact information), you must comply with privacy laws (like GDPR or other data protection laws) regarding how you handle that data.
We reserve the right to investigate and take appropriate action (including suspension or termination of accounts and legal action) against anyone who, in our reasonable judgment, violates these guidelines or any other provision of these Terms. In many cases, we will attempt to warn or notify you of violations and allow you to correct them, but we are not required to provide notice before taking action for serious or repeat violations.
7. Data Privacy and Security
Privacy Compliance: Harmonic is designed with data privacy in mind and is GDPR-compliant. We are committed to protecting your personal information and that of your end-users (such as tenants or customers whose data you manage in our system). Any personal data you provide to us will be handled in accordance with our Privacy Policy and applicable data protection laws. By using the Services, you agree that we can collect, use, and process your data as described in our Privacy Policy.
Your Responsibilities for Personal Data: If you input personal data of third parties into the platform (for example, tenant names, contact details, or other personal information), you represent and warrant that you have a legal basis to do so. This means you have obtained any necessary consents or permissions from those individuals, or you otherwise have the right under applicable law to input their data into Harmonic. You remain the controller of any personal data you collect and manage using Harmonic, and we act as a data processor on your behalf. You are responsible for complying with all data protection laws that apply to the data you collect (such as obtaining consent for communications, honoring deletion requests, etc.).
Data Security: We employ industry-standard security measures to protect your data. This includes using encryption (for example, encryption of data in transit via HTTPS, and encryption of sensitive data at rest where applicable), access controls, and regular security assessments. However, no system can be guaranteed 100% secure. You acknowledge that you provide data at your own risk. We cannot warrant that the Service is immune from every breach or hacker, but we pledge to take appropriate measures and to comply with any legal requirements in the event of a data breach. If we become aware of a security breach that affects your personal data, we will notify you in accordance with applicable laws.
Data Backups and Retention: Your data on Harmonic is regularly backed up to help prevent loss of information. However, we encourage you to maintain your own backups of important data as well. We are not responsible for data loss that results from your own actions (e.g., if you delete something by accident) or from issues outside our control. We will retain your content and data for as long as necessary to provide the Services to you and as outlined in our Privacy Policy. If you terminate your account, we will handle your data as described in the Termination section of these Terms.
Confidentiality: We consider your data and the content you store on Harmonic to be your confidential information. We will not view, access, or use your data except as needed to provide the Services, assist you with support, comply with law, or improve our Services (for example, using aggregated, anonymized data to analyze usage patterns). Our employees and contractors will only access user data on a need-to-know basis and are bound by confidentiality obligations.
If you have specific data privacy questions or need a Data Processing Addendum (DPA) for GDPR compliance, please contact us. We are committed to assisting our customers in meeting their own compliance obligations.
8. Intellectual Property
Harmonic’s Intellectual Property: All content and materials available on the Services, including but not limited to software, algorithms, design elements, logos, trademarks, graphics, text, and the overall look and feel of the platform, are the intellectual property of Harmonic or its licensors. These are protected by copyright, trademark, trade secret, and other intellectual property laws. By agreeing to these Terms, Harmonic grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes, in accordance with these Terms. This license does not sell or transfer any ownership of our intellectual property to you. You must not remove or obscure any copyright, trademark, or other proprietary notices on the platform or in any content obtained from it.
Your Content: You retain all rights to the content, data, and materials that you upload or submit to the Services (“User Content” or “Customer Data”). We do not claim ownership of your proprietary content. However, by using the Services and uploading content, you grant Harmonic a permission (license) to use your content solely for the purpose of operating and improving the Services. This means, for example, we may copy, store, display, and format your content as needed to provide the functionality of the platform (including making backup copies and displaying it to you and any users you authorize). If you choose to share or make any of your content public through our features, then you give us permission to display and distribute that content as necessary.
We will not use your content for marketing or share it with third parties for their own purposes without your consent, except as allowed in these Terms, our Privacy Policy, or as required by law. You represent and warrant that you have the rights to upload the content you put on Harmonic and that our use of your content in providing the Service will not infringe any third-party rights. If you don’t have the right to upload something (for example, a document you don’t own or personal data you’re not authorized to share), do not upload it.
Feedback: We welcome feedback, ideas, or suggestions (“Feedback”) about how to improve Harmonic. If you provide Feedback, you agree that we are free to use it (or not use it) however we see fit, without any restriction or compensation to you. We appreciate any insights, but please understand we may already be working on similar ideas or improvements.
Third-Party IP: If we use third-party software libraries or APIs in our Service, those may be subject to their own license terms (for example, open source licenses or third-party service terms). Using our Service means you agree to comply with relevant third-party license terms if they are applicable. We will provide attribution or notices for any third-party code as required by those licenses, typically in our documentation or on our website.
All rights not expressly granted to you in these Terms are reserved by Harmonic and its licensors. Unauthorized use of any Harmonic intellectual property is a breach of these Terms and may also violate applicable law.
9. Integrations and Third-Party Services
Harmonic may integrate with or provide links to third-party services and tools to enhance the functionality of our platform. For example, we may offer integrations with Google (e.g., Google Calendar or Google Workspace), HubSpot, QuickBooks, or other software to sync data or streamline your workflows. Additionally, Harmonic may facilitate transactions or communications with third-party services (such as payment processors or advertising platforms). It’s important to understand:
Third-Party Terms: Your use of third-party services through our platform is subject to those third parties’ terms and conditions and privacy policies. For example, if you integrate Google Calendar, Google’s terms will govern your use of that integration; if you connect your account to QuickBooks, you must comply with Intuit’s terms, and so on. We are not responsible for third-party terms, and your interactions with those services are solely between you and the third party.
No Control or Endorsement: Harmonic does not control these third-party services, and we do not endorse or assume any responsibility for them. We provide these integrations for your convenience, but we make no guarantees about their ongoing availability or their performance. Third-party services may change, suspend, or terminate their offerings at any time, and such actions are outside of our control. If a third-party integration stops working or is discontinued, Harmonic will not be liable for any impacts on your operations. We will try to give notice of major integration changes when possible.
Data Sharing with Integrations: If you choose to use an integration, you may be asked to grant Harmonic permission to share or retrieve relevant data with the third-party service. For instance, if you connect Harmonic to your Google account, we might request access to your calendar or contacts as needed for the integration’s functionality. By enabling an integration, you authorize us to share your data with the third party as needed to operate that integration. We will only share the data necessary and as described when you enable the connection. We encourage you to review the data access screens and the third party’s privacy practices.
Third-Party Payments and Transactions: Harmonic’s platform may allow you to process payments (for example, collecting rent or fees from your tenants or customers) through integrated payment processors or services. These payment services (e.g., Stripe, PayPal, or others if offered) are third-party services. While our platform may facilitate the transaction, Harmonic is not the merchant of record for those transactions between you and your tenants/customers. Any payment disputes, chargebacks, or issues arising from those transactions are typically between you and the other party (with involvement of the payment processor under their terms). We do not control funds movement or hold your money; funds flow through the third-party payment provider. You are responsible for complying with any legal requirements related to payments you collect (such as providing receipts, handling refunds, or complying with tax laws) and for following the payment processor’s rules (for example, acceptable use policies, dispute resolution procedures, etc.).
Third-Party Links: Our website or Services may include links to third-party websites or resources that are not owned or controlled by Harmonic. For example, we might link to a partner’s site or a relevant article. Harmonic is not responsible for the content, policies, or practices of any third-party websites. Accessing those links is at your own risk, and you should review their terms and privacy policies.
In summary, when you use third-party integrations or links via Harmonic, keep in mind that you’re interacting with external services that have their own rules. We provide the bridge, but we can’t control what happens on the other side of that bridge. If you have questions or encounter issues with a third-party integration within Harmonic, you can contact us for help, but we may direct you to the third-party provider if it’s an issue on their end.
10. Service Availability and Support
Availability: We aim to keep Harmonic available 24/7 so you can manage your properties whenever you need. However, we cannot guarantee uninterrupted service. There may be occasions when the Services are unavailable due to scheduled maintenance, updates, or unforeseen downtime (for example, internet outages or events beyond our control). We will strive to schedule maintenance during low-usage hours and, when possible, to notify you in advance via email or an in-app notification. You acknowledge that occasional downtime is normal and that Harmonic will not be liable for any temporary interruptions in service.
Performance: While we strive for high performance and fast response times, the speed and quality of access to the Services can be affected by factors outside our control, such as your internet connection, network traffic, or your device’s performance. You are responsible for having the equipment and internet connections necessary to use the Services (for example, a compatible computer or mobile device and a reliable internet connection). We are not responsible for any inability to access or use the Services due to your own equipment or internet issues.
Support: We are dedicated to helping our users get the most out of Harmonic. Support channels include [customer support email (e.g., support@harmonic.com)] and possibly in-app chat or a help center/knowledge base on our website. Support is generally available during our standard business hours (which we will post on our website or inform you of). We try to respond to support inquiries in a timely manner, typically within 1-2 business days. However, we do not guarantee any specific response time or resolution time. Support may be limited on weekends and holidays.
Updates and Changes: Harmonic is constantly evolving. We may periodically update the software, add or remove features, or improve functionality. These updates (including important security updates) may be automatically applied. We reserve the right to deploy updates at our discretion, and in some cases, an update may temporarily degrade the quality of the Services or result in an unintentional setback (we’ll do our best to avoid that). We appreciate your understanding as we improve the product. Whenever a significant change is made, we may notify users through the Service or via email. However, it’s also your responsibility to keep your software (if any, such as a mobile app) up to date to ensure you have the latest features and security fixes.
No Emergency or Critical Use: The Services are not intended for use in situations where any downtime or errors could lead to serious consequences (for example, emergency communications or life-critical systems). It is your responsibility to have contingency plans for critical operations (such as backing up important data or having alternative communication methods for emergencies). While Harmonic can streamline and improve your property management tasks, you should not rely solely on it for any critical life-safety functions.
In summary, we’re committed to delivering a reliable, high-quality service and supporting you along the way. But like any online service, there may be occasional issues, and we appreciate your patience and proactive communication if you encounter problems.
11. Termination and Suspension
By You (Cancellation): You are free to stop using our Services at any time. You may delete your account or cancel your subscription through your account settings or by contacting our support team. Termination of your subscription will follow the rules in Section 5 (e.g., you generally won’t receive a refund for the remaining period of a paid subscription, but you’ll retain access until the billing period ends, unless you request an immediate deletion). If you simply stop using the Service without formally cancelling, your account may remain active and continue to incur charges if it’s on a paid plan, so please be sure to properly cancel if you wish to terminate your use.
By Us (Suspension or Termination): We reserve the right to suspend or terminate your access to the Services (or certain features of the Services) at any time, with or without notice, under the following circumstances:
Breach of Terms: If you violate any provision of these Terms or use the Service in a way that is clearly prohibited (for example, engaging in illegal activity, willful misuse of the platform, or actions that risk the security of the system or other users). In the case of minor or remediable violations, we will, if practicable, provide you with a warning and an opportunity to fix the issue. Serious violations or repeated misconduct may result in immediate termination without prior notice.
Non-Payment: If subscription fees or other charges are overdue and you have not cured such non-payment after receiving notice (e.g., failing to update an expired credit card after our reminders), we may suspend access to paid features or downgrade your account. If payment issues persist, we may terminate the account.
Required by Law or Policy: We may terminate or suspend accounts if required to do so by law (for example, a court order) or if the account is the subject of investigation for misconduct. We may also terminate if we, in good faith, discontinue the Services or if providing the Services to you becomes impractical or impossible, for example due to legal restrictions or extreme changes in our business.
Inactive Accounts: For free accounts or trial users, if your account is completely inactive for an extended period (e.g., 12 months of no login or usage), we reserve the right to deactivate or delete the account to free up resources. We will provide notice to your registered email before deletion in such cases, allowing you the opportunity to log in and keep the account active.
Effect of Termination: Upon termination or expiration of your account for any reason:
Cease Use: Your right to access or use the Services will immediately end. You must stop using the platform, and any licenses granted to you under these Terms will end.
Data Access and Deletion: We may disable all your data immediately upon termination, so please make sure to export or download any important data before ending your account. In many cases, upon request, we may provide a short period (for example, 30 days) after termination during which you may retrieve your data, unless we terminated the account for serious misconduct. After such period, we reserve the right to delete your data from our live systems. (Note: We might retain backups or archival copies of your data as required by law or for legitimate business purposes as outlined in our Privacy Policy, but those will be maintained securely and eventually deleted in the normal course of data management.)
Outstanding Fees: If there are any outstanding fees or amounts owed on your account, you will remain responsible for paying those, even after termination. For example, if you used Services up through a certain date or incurred usage-based fees, you will be charged for those amounts. We may charge your payment method or send you an invoice for such amounts.
No Liability for Termination: To the extent permitted by law, Harmonic will not be liable to you or any third party for termination of your account or access to our Services as described in these Terms. Termination does not waive or affect any rights or remedies that may have accrued up to the date of termination.
Survival: Any provisions of these Terms that by their nature should survive termination (such as limitations of liability, indemnification, payment obligations, intellectual property terms, and dispute resolution provisions) will continue to remain in effect after your use of the Services ends.
If you believe your account was suspended or terminated in error, or if you need assistance regarding an account termination, please contact us. We understand that sometimes misunderstandings happen and we are willing to review decisions if appropriate.
12. Disclaimers and Limitation of Liability
General Disclaimers: The Harmonic Services are provided on an “AS IS” and “AS AVAILABLE” basis. While we strive to provide a great experience, we make no warranty or guarantee that the Services will meet your specific needs, achieve any particular results, or be available without interruption, secure, or error-free. To the fullest extent permitted by law, Harmonic disclaims all warranties and conditions, whether express, implied, or statutory, regarding the Services and any content or software provided therein. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or course of performance.
For example, we do not warrant that the data you access through Harmonic will always be accurate or up-to-date (we rely on you to input correct data, and external data sources for some features). We do not guarantee that communications sent through the platform will always reach their intended recipient or be received on time (various factors like spam filters or network issues might interfere). Any AI-powered tools or suggestions we provide are for informational assistance only – you should not rely solely on AI outputs for important decisions, and Harmonic does not guarantee the accuracy or completeness of AI-generated insights. Your use of the Services is at your own risk.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any implied warranties are limited to the minimum scope and duration allowed by law.
Limitation of Liability: To the maximum extent permitted by applicable law, in no event will Harmonic or its parent company, affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages (including for any loss of profits, revenue, business opportunities, goodwill, data, or other intangible losses) arising out of or related to your use of or inability to use the Services, regardless of the theory of liability (contract, tort, negligence, strict liability, breach of statutory duty, or otherwise) and even if we have been advised of the possibility of such damages.
In plain language, this means that if something goes wrong with our platform – for example, you lose data or suffer a business loss – our financial responsibility to you is limited.
Specifically, to the extent permitted by law, Harmonic’s total cumulative liability to you for any claims arising from or related to the Services or these Terms will not exceed the amount you have paid to us for the Services in the twelve (12) months immediately preceding the event that gave rise to the liability. If you have not paid anything (for example, using a free service), then Harmonic’s liability to you for any claim will be zero or the minimum amount permitted by law.
Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. For example, if law in your jurisdiction does not allow exclusion of liability for personal injury or death caused by negligence, fraud, or certain statutory violations, then our liability will be limited to the smallest extent possible in such cases.
Release: You agree not to hold Harmonic responsible for the actions or omissions of other users of the Services or of any third parties that integrate with our platform. For instance, if you have a dispute with a tenant, vendor, or any third-party (even if you connected or communicated with them through Harmonic), you release Harmonic from any claims, demands, and damages of every kind arising out of or connected with such disputes.
We understand this section sounds heavy – it’s meant to be. It’s important to set these boundaries to operate our service sustainably. Rest assured we care about our customers and will do our best to resolve any issues, but we need to limit potential legal liabilities as a business.
13. Indemnification
You agree to indemnify, defend, and hold harmless Harmonic and its affiliates, directors, officers, employees, and agents (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and legal costs) that arise out of or relate to any of the following:
Your Use of the Services: Any use (or misuse) of the Harmonic Services under your account. For example, if you use the platform in violation of law or these Terms and it causes us to be sued by a third party, you will cover those costs.
Violation of These Terms: Your breach of any part of these Terms or of any applicable law or regulation.
User Content and Data: Any content or data you submit, post, or transmit through our Services (including what you do with any data obtained through our Services, such as tenant information). If your content infringes someone’s rights or violates the law (for example, you uploaded something defamatory or without permission), and we get sued or fined because of it, you agree to cover our costs and damages.
Interactions and Transactions: Your relationships or transactions with any third parties (for instance, transactions with tenants, buyers, service providers, or use of third-party integrations). If a tenant claims you misused their data using our system or a payment processor fines us due to your activities, you would be responsible for those issues.
We reserve the right, at our discretion, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. If we do so, you agree to cooperate with us in the defense of that claim and not to settle any such matter without our written consent. We’ll use reasonable efforts to inform you of any such claim, action, or proceeding once we become aware of it.
This indemnification obligation will survive any termination of your account or the Services. In simpler terms: If you do something using Harmonic that causes harm to someone else or breaks the law, and Harmonic faces legal or financial consequences as a result, you’ll cover the cost of those consequences. We hope that never happens, and we expect all users to use the platform responsibly so that this clause never needs to be invoked.
14. Governing Law and Dispute Resolution
Governing Law: These Terms and any dispute arising out of or related to them or the Services will be governed by and construed in accordance with the laws of [Jurisdiction] (without regard to its conflict of laws principles). The choice of governing law is important because it will influence how these Terms are interpreted and what laws will apply in resolving disputes. If you reside in a country outside of the chosen jurisdiction, there may be mandatory consumer protection or data protection laws in your country that still apply to you; these Terms are not intended to override those protections where applicable.
Jurisdiction and Venue: You and Harmonic agree that any judicial proceedings (other than small claims actions or those subject to arbitration, as applicable) will be brought in the courts of [Specify Location]. Both you and Harmonic consent to venue and personal jurisdiction there. This means that if a lawsuit arises between us (and it’s not resolved by other means), it will be filed and decided by the state or federal courts in that location. We choose this location as it is where our business is headquartered/operates (Example: “the State of Delaware, USA” or “Ontario, Canada” – please see actual Harmonic company location for the precise jurisdiction to insert).
Dispute Resolution Efforts: We genuinely hope to never have a dispute with our users. If you have any concerns or disputes with Harmonic, please contact us first and attempt to resolve the issue informally. Often, a quick conversation or email can clear up misunderstandings. We will do our best to address your concerns.
Arbitration (Optional Clause): [This clause is optional and can be included depending on the company's preference. If included, it would state something like:] If a dispute arises between you and Harmonic that cannot be resolved informally, you and Harmonic agree to resolve such dispute through binding arbitration on an individual basis, rather than in court. (No judge or jury; the arbitrator’s decision is final and enforceable.) You acknowledge that by agreeing to arbitration, you are waiving the right to a trial by jury and the ability to participate in a class action or similar collective legal action. The arbitration will be administered by [American Arbitration Association (AAA) / JAMS] under its rules, and judgment on the award may be entered in any court with jurisdiction. [Details about arbitration location, splitting fees, exceptions for small claims or injunctive relief could be added here.]
Class Action Waiver: [If arbitration is included, a class action waiver often accompanies it:] You and Harmonic agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of the arbitration clause above shall be null and void and the dispute must be brought in court.
(The above Arbitration and Class Action Waiver clauses are often included in US-based SaaS terms. If Harmonic prefers disputes to go through court, those clauses can be omitted. In that case, disputes would be handled in the courts as specified, and users retain the right to trial by jury where applicable.)
European Union Users: If you are a user located in the European Union, you may have certain rights to bring disputes in your home country and under your local law. Nothing in this Section 14 is meant to limit any rights you have under consumer protection laws to pursue claims in the courts of your home jurisdiction or to apply the law of your country of residence where mandated.
Time Limits: Any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it will be forever waived and barred. (This does not apply to users in jurisdictions that prohibit such time limitations on bringing claims.)
In summary, we trust our users and we aim to maintain a good relationship. This section is about how we’d handle things if a serious dispute did come up. It’s always best to communicate and resolve issues directly, and we are committed to doing so.
15. Changes to Terms
Harmonic may update or modify these Terms from time to time. As our business and the regulatory environment evolve, we might need to make changes to reflect new features, changes in law, or other important developments. When we make changes, we will do the following:
Notification: We will post the updated Terms on our website and update the “Last Updated” date at the top. For significant changes, we may also provide a prominent notice (such as a banner on the site or an email notification).
Review and Acceptance: It’s your responsibility to review any updated Terms. The updated Terms will become effective and binding 30 days after being posted (or on a later date if specified in the update) unless you object before that time. If you continue to use the Services after the new Terms take effect, that constitutes your acceptance of the changes.
Disagreement with Changes: If you do not agree with the revised Terms, you should stop using the Services and may cancel your account as outlined in Section 11. In such case, you may be eligible for a prorated refund of any prepaid subscription fees for the period after your termination (if you explicitly cancel because of a change in Terms that materially affects your rights or obligations and if such refund is requested, though we reserve rights depending on the circumstances). Continuing to use the Services after changes go into effect means you accept the changes.
No one at Harmonic is authorized to modify these Terms except as described above. In other words, any verbal or email promises to change these Terms are not valid unless we formally publish an updated version.
We encourage you to check back periodically to ensure you are aware of the current Terms. We also maintain an archive or changelog of past versions of terms (available upon request) so you can see what has changed.
16. Contact Information
If you have any questions, concerns, or feedback about these Terms or the Services, please feel free to contact us. We are here to help and answer any questions you might have.
Contact Us:
Company Name: Harmonic (if applicable, include full legal entity name, e.g., “Harmonic, Inc.”)
Email: support@harmonic.com (example email – replace with actual support or legal contact email)
Address: [Harmonic’s Mailing Address, e.g., 1234 Main Street, Suite 100, Anytown, State/Province, Country, ZIP]
Contact Form: You may also reach out through our website’s contact form at www.harmonic.com/contact (example URL) for general inquiries.
We will do our best to respond to your inquiry promptly, typically within 2 business days. If you are contacting us to report a violation of these Terms, please provide as much detail as possible so we can address the issue quickly.
