Terms and Conditions

Last Updated: October 24, 2025

Welcome to Harper Marketing. These Terms and Conditions ("Terms," "Agreement") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing our website, creating an account, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all users of our services, including:

• Website visitors
• Account holders and subscribers
• Customers using our AI chat and voice agents
• Users of our CRM, invoice, and payment systems
• Third parties interacting with our services on behalf of clients

2. Description of Services

Harper Marketing provides the following services ("Services"):

2.1 SEO-Optimized Website Development

• Custom website design and development
• Search engine optimization (SEO) implementation
• Website hosting and maintenance
• Performance optimization and updates

2.2 AI Chat Agent

• 24/7 automated customer support and inquiry handling
• Lead capture and qualification
• Natural language processing and response generation
• Integration with your website and business systems

2.3 AI Voice Agent

• Inbound call handling and routing
• Automated appointment scheduling
• FAQ responses and information delivery
• Call transcription and recording services

2.4 Google Business Profile Integration

• Profile setup and optimization
• Review management and response automation
• Local SEO enhancement
• Analytics and reporting

2.5 Integrated CRM System

• Customer relationship management platform
• Contact and lead tracking
• Sales pipeline management
• Automated follow-up and communication tools

2.6 Invoice and Payment System

• Professional invoice generation and delivery
• Online payment processing
• Payment tracking and reconciliation
• Automated billing and reminders

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice to active users.

3. Account Registration and Eligibility

3.1 Eligibility

You must meet the following requirements to use our Services:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Represent a legitimate business entity (for business accounts)
• Provide accurate and complete registration information
• Not be prohibited from using our Services under applicable laws

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your contact information is current and accurate

Harper Marketing is not liable for any loss or damage arising from your failure to protect your account information.

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• You provide false or misleading information
• Your payment fails or account becomes delinquent
• We determine continued service would harm our business or other users

4. Payment Terms

4.1 Fees and Pricing

• Service fees are as stated in your service agreement or subscription plan
• All fees are in U.S. Dollars (USD) unless otherwise specified
• Prices may change with 30 days' advance notice to existing customers
• Setup fees, if applicable, are non-refundable

4.2 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• Payment is due immediately upon receipt of invoice
• We accept credit cards, debit cards, and ACH transfers
• You authorize us to charge your payment method automatically for recurring subscriptions
• Failed payments may result in service suspension or termination

4.3 Payment Processing

For our payment processing services:

• We partner with third-party payment processors (e.g., Stripe, PayPal)
• Transaction fees may apply as specified in your agreement
• You must comply with all payment processor terms and regulations
• Chargebacks and disputes are handled according to payment processor policies

4.4 Refund Policy

• Setup Fees: Non-refundable
• Monthly Subscriptions: No refunds for partial months; cancel anytime to avoid future charges
• Annual Subscriptions: Prorated refunds available within 30 days of initial purchase only
• Custom Projects: Refund terms specified in individual project agreements

5. Use of AI Services

5.1 AI Chat Agent

When using our AI chat agent, you acknowledge that:

• AI responses are generated automatically and may not always be accurate
• The AI agent represents your business to customers
• You are responsible for reviewing and customizing AI responses
• Conversations may be recorded and analyzed to improve service quality
• You must not use the AI to disseminate false, harmful, or illegal information

5.2 AI Voice Agent

By using our AI voice agent service:

• You consent to call recording as required by applicable laws
• You must comply with all telecommunications regulations
• You will inform callers that they are speaking with an AI agent
• You must obtain proper consent for call recording in your jurisdiction
• Voice data may be used to improve AI performance

5.3 AI Limitations

You understand that AI services:

• May occasionally produce errors or inappropriate responses
• Should not be relied upon for critical decisions without human review
• Require ongoing training and customization for optimal performance
• May have limitations in understanding complex or nuanced requests

6. Data and Content

6.1 Your Data

You retain all rights to data and content you provide to our Services ("Your Data"). By using our Services, you grant us a limited license to:

• Store, process, and display Your Data to provide Services
• Use aggregated, anonymized data for analytics and improvement
• Backup and secure Your Data
• Share Your Data with service providers as necessary

6.2 Data Security

We implement reasonable security measures to protect Your Data, including:

• Encryption in transit and at rest
• Regular security audits and updates
• Access controls and authentication
• Compliance with industry standards

However, no system is completely secure. You acknowledge that data transmission over the internet carries inherent risks.

6.3 Data Backup and Recovery

• We perform regular automated backups of your data
• You are responsible for maintaining independent backups of critical data
• Data recovery is provided on a best-effort basis
• We are not liable for data loss due to circumstances beyond our control

6.4 Customer Data in CRM

When using our CRM services:

• You must have proper consent to collect and store customer information
• You are responsible for compliance with data protection laws (GDPR, CCPA, etc.)
• You must use customer data only for legitimate business purposes
• You must honor customer data deletion and access requests

7. Intellectual Property Rights

7.1 Our Intellectual Property

Harper Marketing retains all rights to:

• Website code, design, and infrastructure
• AI algorithms, models, and training data
• Software, applications, and platforms
• Trademarks, logos, and branding materials
• Documentation, training materials, and content

7.2 License to Use Our Services

We grant you a limited, non-exclusive, non-transferable license to use our Services for your business purposes during your active subscription period.

7.3 Website Ownership

For custom website development:

• You own the content you provide (text, images, videos)
• We retain rights to underlying code and templates unless otherwise agreed
• Upon full payment, we transfer agreed-upon ownership rights as specified in your service agreement
• You may not resell or redistribute our code or systems without written permission

7.4 Third-Party Content

You are responsible for ensuring you have proper rights to any third-party content, images, or materials you use with our Services.

8. Acceptable Use Policy

You agree NOT to use our Services to:

• Violate any laws, regulations, or third-party rights
• Send spam, unsolicited communications, or engage in phishing
• Distribute malware, viruses, or harmful code
• Engage in fraudulent activities or misrepresent your identity
• Infringe on intellectual property rights
• Harass, threaten, or abuse others
• Collect personal information without consent
• Interfere with or disrupt our Services or servers
• Attempt unauthorized access to our systems
• Use Services for any illegal or unethical purpose
• Promote violence, hate speech, or discrimination
• Engage in activities that could damage our reputation

Violation of this Acceptable Use Policy may result in immediate account termination without refund.

9. Google Business Profile Integration

When authorizing us to manage your Google Business Profile:

• You grant us access to manage your profile, respond to reviews, and update information
• You remain responsible for the accuracy of information displayed
• You must comply with Google's Terms of Service and policies
• You can revoke our access at any time through your Google account
• We are not responsible for Google policy changes or account suspensions

10. Service Level and Uptime

10.1 Service Availability

• We strive for 99.9% uptime for our Services
• Scheduled maintenance will be announced in advance when possible
• Emergency maintenance may occur without advance notice
• We do not guarantee uninterrupted service

10.2 Support

• Email support is available to all customers
• Response times vary based on your service plan
• Priority support is available for premium plans
• Support hours are Monday-Friday, 9 AM - 5 PM EST (unless otherwise specified)

11. Warranty Disclaimers

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 No Consequential Damages

Harper Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Loss of goodwill or reputation
• Business interruption
• Cost of substitute services

12.2 Liability Cap

Our total liability for any claims arising from your use of our Services shall not exceed the total amount paid by you to Harper Marketing in the twelve (12) months preceding the claim.

12.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

13. Indemnification

You agree to indemnify, defend, and hold harmless Harper Marketing, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you provide or disseminate through our Services
• Your AI agent's interactions with your customers
• Payment disputes or chargebacks related to your business transactions

14. Termination

14.1 Termination by You

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• No refunds for unused time in the current billing period
• You may request data export within 30 days of cancellation

14.2 Termination by Us

We may terminate or suspend your account immediately if:

• You breach these Terms
• Your payment fails or account becomes past due
• We are required to do so by law
• Continued service would harm our business or other users

14.3 Effect of Termination

Upon termination:

• Your access to Services will be immediately revoked
• You remain liable for any outstanding fees
• We may delete your data after a 30-day grace period
• Sections of these Terms that should survive termination will remain in effect

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we do:

• We will post the updated Terms on our website
• We will update the "Last Updated" date
• We will notify you via email for material changes
• Continued use of Services after changes constitutes acceptance
• If you disagree with changes, you may terminate your account

16. Dispute Resolution

16.1 Informal Resolution

Before filing any legal claim, you agree to contact us to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes within 30 days.

16.2 Arbitration Agreement

Any disputes arising from these Terms or our Services will be resolved through binding arbitration, except:

• Claims for injunctive or equitable relief
• Small claims court matters within jurisdictional limits
• Claims related to intellectual property rights

16.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class actions or class arbitrations.

17. Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles. Any legal action must be brought in the courts located in [Your Jurisdiction].

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Harper Marketing.

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

18.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

18.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms at any time.

18.5 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet disruptions.

18.6 Third-Party Services

Our Services may integrate with third-party services (Google, payment processors, etc.). Your use of third-party services is subject to their respective terms and policies.

19. Contact Information

For questions about these Terms or our Services, please contact us: