Terms of Service

These Terms of Service apply to services provided by Harmony Inc. through the Harmony platform, available at: https://heyharmony.com. Through Harmony, we provide access to the website and the use of electronic services.

The provisions of these Terms of Service specify the types, scope and conditions for the provision of services by electronic means.

1. GENERAL TERMS AND CONDITIONS

1. Harmony is a platform that enables the transcription of conversations (from audio and video formats) as well as the unification and analysis of conversations across different communication platforms, available at: https://heyharmony.com ("**Harmony**"). Through Harmony, we provide access to the website and the use of electronic services.

2. The provisions of these Terms of Service apply to services provided by Harmony Inc. with its registered office in the USA, Delaware, 8 The Green, Ste R., in the City of Dover County of Kent, Zip code 19901 ("**We**" or "**Company**") for the benefit of Users. In particular, the Terms of Service specify the types, scope and conditions for the provision of services by electronic means.

3. The terms used in the Terms of Service have the following meanings:

1. **Account** – a service provided electronically, available for the duration of the Agreement, consisting of a User's account within Harmony, identified by a unique name (login/e-mail) and password, enabling access to Harmony under the terms set forth in the Terms of Service;

2. **Agreement** – an agreement between the User and the Company, under the terms laid down in the Terms of Service;

3. **Billing Period** – the subscription period for access to Harmony, as specified in the Price List and selected by the User;

4. **Company/We** – defined in §1(2) of the Terms of Service;

5. **Content** – defined in §7(5) of the Terms of Service;

6. **End Device** – the device through which Harmony can be used;

7. **Force Majeure** – an external event that could not have been foreseen and prevented;

8. **Harmony** – defined in §1(1) of the Terms of Service;

9. **Price List** – a document containing information about the Company's fee for the User's use of Harmony, made available to the User by the Company prior to the conclusion of the Agreement;

10. **Technical Requirements** – Internet browser in the latest version, with cookies enabled, and an active e-mail address;

11. **Terms of Service –** these terms of service;

12. **User** – an entity that is a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing a business or professional activity (entrepreneur), which has entered into an Agreement with the Company under the terms set out in the Terms of Service, excluding consumers and sole proprietorships/entrepreneurs. The Company, due to the specificity of Harmony and the scope of its functionalities provides its services exclusively to the aforementioned categories of Users.

2. USE OF LUNO

1. Users use Harmony under the terms specified in the Terms of Service. By accepting the Terms of Service, the User confirms that he/she is a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing a business or professional activity (entrepreneur), and that he/she does not have the status of a consumer or sole proprietorship/entrepreneur.

2. To use Harmony, the User's environment must meet the Technical Requirements. If Harmony does not function in a manner consistent with the Terms of Service, the User shall cooperate with the Company to verify whether such non-compliance of Harmony is due to the characteristics of the User's digital environment. Such cooperation occurs to a reasonable extent – using the least burdensome technical means possible.

3. The Company does not provide technical support related to Harmony unless otherwise indicated. Harmony is delivered in the latest available version, with no additional action required on the part of the User to update it. The Company reserves the right to change, modify or discontinue certain services within Harmony.

4. Up-to-date information on specific risks associated with the use of electronically provided services is available by contacting the Company. The User is obliged to provide true and correct data and protect it from unauthorized access. Within the available settings of the Account, the User may modify the Account data.

5. Within Harmony, it is forbidden to introduce any content of an unlawful nature, including, in particular, unauthorized data (malware, including bots, viruses, spyware, password cracking software, encryption codes, "worms", etc.), as well as those that violate the rights of third parties (such as personal rights or copyrights).

6. The rules for the processing of the User's personal data is available in the privacy policy here.

7. Since the content provided by the User within Harmony may contain personal data, the Company and the User, after confirming that there is an entrustment of personal data processing, will enter into a Data Processing Agreement (DPA), according to the template available here.

3. TERMS OF ACCESS TO LUNO

1. For a period of 30 days from the date of the Agreement, the User uses Harmony free of charge, within a test period. After the expiration of the aforementioned test period, the User shall use Harmony, upon payment of the fee specified in the Price List, within the Billing Period.

2. Access to Harmony requires the creation of an Account. Access to the Account is possible for the duration of the Agreement. The User can have only one Account. The User authorizes their employees and associates to use Harmony. The User will keep their Account access data confidential and will not make it available to unauthorized persons.

3. The process of creating an Account and gaining access to Harmony can take different forms. It usually consists of:

1. entering data required to create an Account in the first step;

2. accepting the Terms of Service and clicking the "Create Account" button;

3. completing the registration process by clicking on the "Next" button and entering the required data about the User; providing a Tax ID number is required at the stage of making payments for the Billing Period;

4. submitting the completed form by clicking the "Submit" button and approving it;

5. selecting the test period or Billing Period, respectively, and the available payment method, and confirming the User's choice by clicking "Order and pay";

6. payment for the selected Billing Period, in the manner specified in §5 below.

4. Depending on the selected test period or Billing Period:

1. the creation of an Account and acceptance of the Terms of Service results in the conclusion of the Agreement (for the duration of the test period);

2. the creation of an Account, accepting the Terms of Service and making payment for a given Billing Period results in the conclusion of the Agreement (for the duration of the Billing Period).

5. The Company will confirm the conclusion of the Agreement by sending an e-mail to the e-mail address provided by the User or by posting this information within the Account.

4. SPECIFIC RULES FOR THE USE OF LUNO

1. Access to Harmony is:

1. non-exclusive (the same / similar access may also be granted to other Users);

2. non-transferable and non-assignable;

3. revocable (access is granted for the term of the Agreement and may be revoked under the circumstances provided for in the Terms of Service or generally applicable laws);

4. limited (Harmony may only be used in accordance with the provisions of the Terms of Service).

2. Access to Harmony authorizes the User to perform only the following activities:

1. launching, displaying or using Harmony via an End Device;

2. storing, displaying, loading, browsing, searching for Content as part of the use of Harmony through an End Device;

3. insertion of Content into the memory of an End Device;

4. use of the Content for internal business purposes of the User.

3. The scope of use of Harmony is limited by the purposes and content of the Terms of Service and the functionalities provided. In no event shall the granting of access imply a transfer to the User of any intellectual property rights vested in the Company, including rights to logos, designs, APIs, source code, and know-how.

4. All rights, title and interest in Harmony, APIs, databases and content, are and remain the exclusive property of the Company and its licensors. Harmony is protected by copyrights, trademarks and other intellectual property rights. The User does not have the right to use the Harmony name or any of the Company's trademarks, logos, domain names and other distinctive signs.

5. In case of violation of the Terms of Service, including, in particular, the rules of access to Harmony, the Company will call on the User to desist from the violation or to remove the consequences of such violation, setting a period of not less than 7 days. In the event of ineffective expiration of the specified period or inability to remove the consequences of the violation, the Company shall have the right to block the User access to Harmony, including the Account, or to terminate the Agreement with immediate effect (without notice).

6. The User does not acquire any rights to Harmony, except for access under the terms laid down in the Terms of Service, and in particular, the User does not have the right to exercise derivative rights or any rights to the source code.

7. In particular, the User is not entitled to:

1. reproduce, decompile, decrypt or modify the source code in any way;

2. conduct statistical analysis;

3. permanently or temporarily reproduce, in whole or in part, by any means and in any form, unless such reproduction is necessary for the use of Harmony in accordance with its purpose;

4. translate, adapt, rearrange or make any other changes to Harmony;

5. distribute, rent or lease Harmony;

6. sublicense the rights granted under the Agreement to other entities;

7. adapt or use in any way the text content, photographs, and other materials contained within Harmony or made available by the Company for commercial purposes;

8. infringe upon the intellectual property rights or other rights of the Company or third parties;

9. use any software that interferes with the proper functioning of Harmony;

10. have access to the source code of Harmony;

11. seek, obtain or create unauthorized access to Harmony, the Company's internal network, servers and services;

12. use Harmony and its Content in a manner contrary to its intended use and the functionalities provided;

13. share Harmony or the User account data with third parties

5. PAYMENT TERMS

1. Harmony is made available to Users for a fee in accordance with the Price List.

2. The Price List is made available to the User prior to the conclusion of the Agreement.

3. The prices indicated in the Price List are net prices (excluding VAT).

6. COMPLAINTS

1. The User has the right to submit a complaint regarding the functioning of Harmony.

2. A complaint may be submitted by e-mail to the address: [email protected].

3. The deadline for processing a complaint is 30 days from the date of receipt. The answer to the submitted complaint will be sent to the e-mail address specified by the User. Failure to respond to a complaint within the aforementioned period does not constitute acceptance of the complaint.

4. The User may send the Company inquiries regarding the use of Harmony, comments, suggestions, ideas, opinions regarding Harmony, via e-mail at: [email protected]. The Company will respond to Users' inquiries as soon as possible.

7. INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY

1. The Company is the owner of the copyright to Harmony, text, graphic, multimedia works, computer programs and databases that are part of Harmony and made available to the User within it.

8. LIABILITY

1. The Company is liable, as required by law, for Harmony's compliance with the Terms of Service. The Company's liability under the statutory warranty ("rekojmia") is excluded. The Company endeavours to ensure the availability of Harmony, but does not guarantee that Harmony will operate uninterrupted or error-free.

9. TERM, AMENDMENT AND TERMINATION OF THE AGREEMENT

1. The Agreement is concluded for a period equal to the test period or for a period equal to the Billing Period, respectively. The Agreement is renewed for the next Billing Period unless the User informs the Company, via the Account or via e-mail correspondence, that they do not intend to extend the Agreement.

10. FINAL PROVISIONS

1. The law applicable to the Terms of Service shall be the Polish law. In matters not specified in the Terms of Service, the applicable provisions of the Polish law shall apply.

2. Any disputes that may arise during the execution of the Agreement, the Company will try to resolve amicably, and in the absence of an amicable solution, they will be resolved by the court of the Republic of Poland, with local and material jurisdiction over the city of Warsaw.

3. The content of the Terms of Service is made available on the relevant subpage within the Account and on the website https://heyharmony.com/terms.

4. Terms of Service are effective as of 29 March 2025.