HARBOR OFFICE, INC. — TERMS OF SERVICE Version: 2026-09-10 Effective: September 10, 2026 Agreement These Terms of Service (the "Terms") are a binding agreement between you (the practice subscribing to the Service, the "Customer", "Practice Owner", or "you") and **Harbor Office, Inc.**, a Delaware corporation with its principal office at 4506 Laverne Ave, Klamath Falls, OR 97603 ("Harbor", "we", "us"). By creating an account, completing checkout, executing an order form, or accessing any part of the Service, you accept these Terms. If you do not agree, do not use the Service. These Terms are the single Terms of Service for Harbor. They govern the Service wherever you reach it, including harboroffice.ai and lab.harboroffice.ai. 1. The Service Harbor provides a web-based, AI-native EHR for behavioral-health practices, including an AI receptionist (Ellie), clinical charting, scheduling, calendar sync, intake screening, crisis detection, billing, a patient portal, telehealth, and an SMS appointment-reminder program (together, the "Service"). Features may be added, modified, or retired. We will give 30 days’ notice of material reductions in functionality to active Customers. 2. Eligibility and your account Harbor is sold to licensed mental-health practices in the United States. By signing up, you represent that you are authorized to bind the practice and that the practice (or its providers) holds active licensure for the services it delivers. You are responsible for keeping login credentials confidential, enabling MFA on owner-tier accounts, and notifying Harbor immediately if you suspect unauthorized access. 3. HIPAA, PHI, and the Business Associate Agreement Harbor is a Business Associate of each Customer under the HIPAA Rules. A signed Business Associate Agreement ("BAA") is required before any Protected Health Information ("PHI") is submitted to the Service, and PHI-bearing endpoints in the EHR are gated server-side until the BAA is on file. The BAA controls in any conflict between these Terms and obligations relating to PHI. Patients of subscribing practices are not direct customers of Harbor. Their relationship is with the practice; Harbor’s processing of their PHI is governed by the BAA between Harbor and that practice. 4. Subscription, fees, and renewal The Service is offered on a monthly subscription, billed in advance via Stripe. Current published pricing is $99/mo for Solo (one clinician) and $149/mo per clinician for Group, with no base fee. A Group practice subscribes through checkout with the number of clinicians it is bringing; every clinician on its roster is one billed seat, and the seat count is adjusted as clinicians are added or removed. Practices with 25 clinicians or more are quoted individually. **Free trial.** A practice's first Harbor subscription begins with a free trial of 30 days. A payment method is collected at checkout in order to start the subscription, and no charge is made during the trial. If the practice cancels before the trial ends, no charge is made at all. The first billing cycle begins the day after the trial ends. The trial applies to a practice's first subscription only and is not available on a later or renewed subscription. Harbor may change or withdraw the trial for FUTURE subscriptions at any time; a trial already in progress is honoured on the terms it started under. The Founding Pilot starts with a 30-day free trial and requires a card. After the trial, the $99/mo pilot rate is locked as specified in the signed [Founding Pilot Terms](/pilot-terms) or order form. Existing signed agreements, including any different trial duration or rate protection, retain their agreed terms. Subscriptions auto-renew monthly. Late payments are handled through Stripe’s standard dunning; if payment fails for more than 14 days, service may be paused until the balance clears. **Prices may change, subject to signed rate protections.** Signed pilot and individually agreed price locks are honored under their terms. Otherwise, subscription pricing, add-on pricing, usage-based components, and the price of any new feature or product Harbor introduces may change. We will give at least 30 days’ notice by email before a price change takes effect for an existing subscription, and the new price applies at the start of the next billing cycle after that notice. Continued use of the Service after a price change takes effect constitutes acceptance. **What the subscription price covers.** The Solo and Group prices cover the set of features included in the Harbor Service at the time the practice subscribes (the "Included Features"), including without limitation the AI receptionist, EHR and charting, scheduling, calendar sync, intake screening, post-call summaries, the patient portal, AI note drafting, and Harbor’s core billing module — eligibility verification, claim submission, ERA parsing, denial workflow, and the included billing analytics. It does not automatically include: - **New features or product lines** Harbor releases after the practice’s subscription start date — for example (illustrative, not exhaustive): group, family or couples-specific modules, e-prescribing, advanced practice analytics beyond the included reporting, additional language support, or net-new integrations with third-party platforms. New features may be released as separate add-ons at additional cost or bundled into higher-tier plans. - **Usage-based components** — SMS volume above an included allowance, additional phone numbers, clinicians beyond the number covered by the practice’s plan, video storage above an included quota, payer-clearinghouse pass-through fees, or similar metered components — only where the rates and any included allowance have been disclosed and agreed before use. - **Third-party fees** Harbor pays through to vendors (for example, clearinghouse per-claim fees, additional phone-number rentals, premium-rate destinations), which may be passed through only where disclosed and agreed in advance. Harbor will give existing practices reasonable advance notice of any new add-on availability and pricing. Opting into any new feature, add-on, or higher-tier plan is the practice’s choice and is billed separately at the then-current price. If a feature that was previously included is materially changed or discontinued, Harbor will provide reasonable notice and, where feasible, a comparable replacement at no additional cost during the remainder of the then-current billing cycle. 5. Cancellation and refunds You may cancel at any time from the dashboard’s billing settings, through the Stripe customer portal, or by emailing [chance@harboroffice.ai](mailto:chance@harboroffice.ai) from the Practice Owner address. Cancellation takes effect at the end of the current billing cycle. You keep full access through the end of the cycle you have already paid for, and no further charges occur after it ends. **30-day money-back guarantee.** Within the first 30 days of your initial paid subscription, you may request a full refund for any reason. No questions asked. Email [chance@harboroffice.ai](mailto:chance@harboroffice.ai) from the Practice Owner address with the subject line "30-day refund request". We process the refund within 5 business days back to the original payment method. Your subscription terminates on refund and the 90-day data-export window opens. This guarantee applies to your first paid subscription only: it is not available on a re-subscription, and it is not available after the first 30 days of any individual subscription have elapsed. After the first 30 days, Harbor does not refund partial months. Cancellation is end-of-period, so you keep what you paid for. Harbor’s [Cancellation and Refund Policy](/cancellation-policy) sets out how cancellation works in full, the limited circumstances in which Harbor refunds after the first 30 days, and what happens to your data afterwards. That policy is part of these Terms. Nothing in this section limits any refund right you have under applicable law. 6. Customer responsibilities The Customer is responsible for: - Maintaining its own HIPAA Privacy and Security Rule compliance program; - Providing accurate practice and clinician information (NPI, licensure, location); - Ensuring patients have provided any consents required by state law before submitting their PHI to the Service; - Configuring user access, MFA enrollment, and offboarding terminated workforce members promptly; - Verifying clinical content (notes, claims, assessments) generated or assisted by AI before signing or submitting it. 7. Acceptable use You may not, and may not permit any third party to: - Use the Service to send unsolicited commercial messages or otherwise violate the TCPA, CAN-SPAM, CTIA guidelines, or state telemarketing law; - Reverse engineer, decompile, or attempt to extract the source code of the Service; - Resell, sublicense, or expose the Service to a third party as a stand-alone product; - Submit PHI that exceeds the scope of the executed BAA; - Share login credentials across providers or staff — each user needs their own account; - Attempt to bypass MFA, rate limits, or the BAA gate on EHR endpoints; - Upload content unrelated to clinical care (for example, marketing assets) into PHI-bearing fields; - Use the Service to provide emergency medical care. The Service is not an emergency service and is not a substitute for 911 or 988. 8. SMS messaging program **Program name:** Harbor SMS Appointment Reminders. **Description:** transactional SMS appointment confirmations, reminders, intake-form links, and waitlist offers sent on behalf of subscribing practices to their opted-in patients. **Frequency:** typically 1–6 messages per appointment cycle. **Cost:** standard message and data rates may apply. **Opt-out:** reply **STOP** to any message; reply **HELP** for assistance. Full carrier disclosures are at [/sms](/sms). SMS data is governed by our [Privacy Policy](/privacy). 9. Service availability Harbor targets 99.5% monthly uptime but does not guarantee uninterrupted availability. Planned maintenance is announced in advance; emergency maintenance may occur without notice. Carrier-side outages (for example SignalWire, Stripe, Cognito) are outside Harbor’s control but are communicated as soon as they are known. 10. Data ownership, export, and intellectual property Practices own all PHI and practice-configuration data they upload to Harbor. The Customer retains all right, title, and interest in and to its Customer Data (including PHI), and grants Harbor a limited, non-exclusive license to process Customer Data solely to operate and improve the Service for the Customer. Harbor retains an aggregate, de-identified usage signal for service-improvement purposes, subject to the per-patient opt-out described in the [Privacy Policy](/privacy#ai-opt-out). Practices may export their full dataset at any time via the dashboard or by emailing support. Harbor and its licensors retain all right, title, and interest in and to the Service, including all underlying software, models, prompts, designs, and trademarks. 11. Feedback and suggestions From time to time, the practice or its users may share comments, suggestions, ideas, feature requests, workflow observations, bug reports, or other feedback about the Service (collectively, "Feedback"). Feedback is welcome and helps us improve. The practice grants Harbor a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, create derivative works of, display, perform, and otherwise exploit the Feedback (and any product, feature, or service incorporating it) for any purpose, in any medium, without compensation, attribution, accounting, or further consent. The practice represents that it has the right to grant this license and that the Feedback does not contain a third party’s confidential information. The practice acknowledges that Harbor may already be developing or planning similar features independently, that Feedback is provided voluntarily, and that nothing in this section or in the practice’s submission of Feedback creates a partnership, joint venture, joint authorship, employment, agency, fiduciary, or co-ownership relationship between the parties, or entitles the practice to royalties, equity, revenue share, profit share, attribution, byline, or any other consideration in connection with any product or feature Harbor ships. Confidentiality obligations on PHI under the BAA and on other confidential information under these Terms continue to apply and are not waived by this section. 12. AI-generated content Harbor’s AI drafts call summaries and clinical notes, suggests intake-form sends, produces signal extractions, and classifies crisis language. These are clinical decision-support outputs, not clinical decisions. The Service is not a medical device and does not provide medical advice, diagnosis, or treatment. The treating clinician is responsible for reviewing and acting on AI suggestions, and Harbor disclaims liability arising from clinical decisions made solely on AI output without clinician review. Harbor’s crisis detection is a safety net, not an emergency service, and does not replace 988, 911, or clinical judgement. Programmatic crisis detection on phone calls runs after the call ends, so it is not real-time monitoring of a call in progress. 13. Warranties and disclaimer Harbor warrants that the Service will materially conform to the documentation. Except as expressly stated in these Terms or the BAA, the Harbor Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. Harbor disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Harbor does not warrant that the Service will be uninterrupted, error-free, or that AI-generated outputs will be accurate or free from hallucination. The practice is responsible for clinical review of every AI-generated output before it is relied on, signed, billed, or entered into a clinical record. Some jurisdictions do not allow the disclaimer of implied warranties; in those jurisdictions this section applies to the maximum extent permitted by law. 14. Limitation of liability To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or business opportunities. Each party’s aggregate liability arising out of or related to these Terms will not exceed the fees paid by the Customer to Harbor in the twelve (12) months preceding the event giving rise to the claim. The foregoing limits do not apply to (a) the Customer’s payment obligations, (b) a party’s indemnification obligations under section 15, or (c) a party’s gross negligence, willful misconduct, or violation of the BAA’s PHI provisions. 15. Indemnification **By the Practice.** The practice will defend, indemnify, and hold Harbor harmless from any third-party claim, demand, or action arising out of: (a) the practice’s clinical decisions, treatment, advice, or diagnosis (including any reliance on AI-generated drafts that the practice signed, billed, or otherwise adopted); (b) PHI or other content the practice or its users upload to Harbor; (c) the practice’s billing, coding, or claims-submission decisions; (d) the practice’s violation of HIPAA, state privacy law, payer contracts, or licensure-board rules; or (e) the practice’s violation of these Terms or the BAA. **By Harbor.** Harbor will defend, indemnify, and hold the practice harmless from a third-party claim that the Harbor Service, as provided by Harbor and used in accordance with these Terms, infringes a U.S. patent, copyright, or trademark, or that Harbor breached the BAA in a way that caused a HIPAA enforcement action against the practice. **Procedure.** The indemnified party will (i) give prompt written notice of the claim, (ii) tender sole control of the defense and settlement to the indemnifying party (provided no settlement admits liability of the indemnified party without consent), and (iii) cooperate reasonably at the indemnifying party’s expense. 16. Termination Either party may terminate for the other’s uncured material breach on 30 days’ written notice. The Customer may also terminate for convenience at any time, effective at the end of the current monthly billing cycle. Harbor may terminate or suspend for non-payment, breach of these Terms, suspected fraud, or law-enforcement requirement. On termination, Harbor will return or destroy Customer Data and PHI per the BAA, the [Privacy Policy](/privacy), and the [Cancellation and Refund Policy](/cancellation-policy), will export PHI back to the practice on request, and will retain audit logs as required by HIPAA. 17. Force majeure Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, public-health emergency, labor disruption, internet or telecommunications outage, third-party service-provider failure (including cloud-infrastructure outages), and cybersecurity attack. The affected party will use reasonable efforts to mitigate impact and resume performance. If a force-majeure event continues for more than 60 consecutive days, either party may terminate the Service for convenience with written notice. 18. Governing law, arbitration, and class-action waiver These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The parties will first attempt to resolve any dispute through good-faith negotiation. **Binding arbitration.** Any dispute arising out of or relating to these Terms or the Harbor Service that is not resolved by negotiation will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Wilmington, Delaware, before a single arbitrator, conducted in English, with each party bearing its own fees except as the arbitrator may award. Judgment on the award may be entered in any court of competent jurisdiction. **Class-action waiver.** Each party waives any right to bring or participate in a class, collective, or representative action against the other. Disputes must be brought in the parties’ individual capacities. If this waiver is held unenforceable for a particular claim, that claim (and only that claim) will proceed in court rather than in arbitration. **Carve-outs.** Either party may bring (a) a claim in small-claims court if it qualifies, (b) an action for injunctive relief to protect intellectual property, confidential information, or PHI, and (c) a HIPAA-required compliance action by the U.S. Department of Health and Human Services or a state attorney general. **Opt-out.** The practice may opt out of this arbitration clause by emailing [legal@harboroffice.ai](mailto:legal@harboroffice.ai) within 30 days of first accepting these Terms. Opting out preserves the practice’s right to litigate in the state and federal courts located in Delaware. **The BAA.** The Business Associate Agreement between Harbor and the practice contains its own governing-law and venue clause. Where the BAA and these Terms conflict on an obligation relating to PHI, the BAA controls. 19. Changes to these Terms We may update these Terms from time to time. Material changes will be announced by email to practice owners and posted here with a new effective date and a new version identifier. Continued use of the Service after a change takes effect constitutes acceptance. The version and a hash of the exact text you accepted are recorded at signup, so the document you agreed to can always be identified. 20. Miscellaneous These Terms, together with the BAA, the [Privacy Policy](/privacy), the [Cancellation and Refund Policy](/cancellation-policy), and any order form, constitute the entire agreement and supersede prior agreements on the same subject, including any earlier Terms of Service published by Harbor. No waiver is effective unless in writing. If any provision is found unenforceable, the remainder will remain in effect. Notices to Harbor must be sent to the contact below; Harbor may give notice by email to the Customer’s administrative contact on file. 21. Contact **Harbor Office, Inc.** 4506 Laverne Ave Klamath Falls, OR 97603 [chance@harboroffice.ai](mailto:chance@harboroffice.ai)