Terms of Service

Harbor provides a web-based, AI-native EHR for behavioral-health practices, including an AI receptionist (Ellie), clinical charting, scheduling, billing, patient portal, and related functionality. Features may be added, modified, or retired; we will give 30 days’ notice of material reductions in functionality to active Customers.

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. The BAA controls in any conflict between these Terms and obligations relating to PHI.

The Service is offered on a monthly subscription. Current published pricing is $397/month for the founding cohort (first 20 practices, locked-in for the duration of continuous subscription) and $597/month for Standard. Fees are billed in advance via Stripe and are non-refundable except as required by the 30-day money-back guarantee described on the Pricing page.

Harbor may change pricing prospectively on 30 days’ notice. Founding cohort pricing is grandfathered as long as the subscription remains active without interruption longer than 30 days.

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.

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, 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;
• Use the Service to provide emergency medical care; the Service is not a substitute for 911 or 988.

Harbor and its licensors retain all right, title, and interest in and to the Service, including all underlying software, models, prompts, designs, and trademarks. The Customer retains all right, title, and interest in and to its Customer Data (including PHI). Customer grants Harbor a limited, non-exclusive license to process Customer Data solely to operate and improve the Service for the Customer.

Harbor warrants that the Service will materially conform to the documentation. The Service is not a medical device and does not provide medical advice, diagnosis, or treatment. AI-generated content (note drafts, summaries, suggested codes, escalation classifications) is an assistive aid and must be reviewed by a qualified clinician before clinical or billing use.

Except as expressly stated in these Terms or the BAA, the Service is provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

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, or (c) a party’s gross negligence, willful misconduct, or violation of the BAA’s PHI provisions.

Either party may terminate for the other’s uncured material breach on 30 days’ written notice. The Customer may also terminate for convenience at the end of the current monthly billing cycle. On termination, Harbor will return or destroy Customer Data and PHI per the BAA and the Privacy Policy.

The parties will first attempt to resolve any dispute through good-faith negotiation. Unresolved disputes will be submitted to binding arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Wilmington, Delaware, conducted in English, with each party bearing its own fees except as the arbitrator may award. Either party may seek injunctive relief in court to protect intellectual property or PHI.

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.

These Terms, together with the BAA, the Privacy Policy, and any order form, constitute the entire agreement and supersede prior agreements on the same subject. 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.