Terms of Service

The Agreement

These Terms of Service (“Terms”) form a binding agreement between you and Harvest (“Harvest,” “we,” “us,” or “our”) covering your use of the Harvest mobile application, web services, and any related features (together, the “Service”).

If you don't agree to these Terms, don't create an account and don't use the Service. If you're using Harvest on behalf of a brokerage, team, or other organization, you represent that you have authority to bind that organization to these Terms.

Eligibility & Authority

• You must be at least 18 years old and able to enter into a legally binding contract.
• Harvest is built for licensed real estate agents, brokers, and authorized real estate staff. By using the Service, you represent that you have authority to conduct real estate prospecting in your jurisdiction and under your brokerage policies.
• If you use Harvest for a brokerage, team, or organization, you represent that you are authorized to use Harvest on its behalf and to bind that organization to these Terms where applicable.
• You are responsible for confirming that your intended use of Harvest is permitted by your license, brokerage, MLS, listing-data agreements, and applicable law.

Accounts & Required Profile Information

• Accuracy. You agree to provide accurate, current information when you sign up and to keep it up to date.
• Required profile information. Harvest may require your name, brokerage, email, phone number, business or brokerage mailing address where required for campaign compliance, and license or jurisdiction information if collected.
• Use in outreach. Harvest may use your profile, brokerage, business address, and license/jurisdiction information in scripts, messages, emails, campaign footers, sender details, and compliance disclosures.
• Security. You're responsible for safeguarding your login and for everything that happens under your account. Notify us at Joe@harvest-app.net if you suspect unauthorized access.
• Teams. If you create or join a team, the team owner controls subscription, billing, member access, and may view team-wide activity, lead data, and call dispositions logged by team members.
• One person, one account. Each seat is for one individual. Don't share login credentials.

Subscriptions & Billing

Paid Harvest plans available in the iOS app are sold as auto-renewing subscriptions through the Apple App Store and are governed by Apple's standard terms in addition to these Terms. Harvest does not process App Store payments directly.

• Payment. Payment is charged to your Apple ID at confirmation of purchase.
• Auto-renewal. Your subscription renews automatically at the end of each billing period (monthly or annual, as selected) for the same price unless you cancel at least 24 hours before the end of the current period.
• Renewal charge. Apple charges your account for renewal within 24 hours prior to the end of the current period.
• Manage or cancel. You can manage and cancel your subscription anytime in your Apple ID account settings on your device. Uninstalling the app does not cancel your subscription.
• Price changes. If we change the price of a subscription, we'll notify you in advance and Apple will require your consent before charging the new price.
• No refunds from us. All purchases are processed by Apple and are final. Refund requests are handled by Apple under its standard refund policy. We don't process refunds directly.
• Trials and credits. If Apple offers a trial or promotional offer, it is governed by the terms shown at purchase. Some features, including contact-data or skip-trace features, may be metered. Unused credits do not roll over unless explicitly stated.

License to Use Harvest

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use Harvest on Apple devices that you own or control, solely for lawful real estate prospecting and related internal business use.

You may not copy, modify, create derivative works of, reverse-engineer, decompile, rent, lease, sublicense, resell, or remove proprietary notices from any part of the Service except where law expressly allows it. You may not use the Service to build or train a competing product.

Harvest, its content, design, code, and trademarks are owned by us or our licensors and are protected by intellectual property laws.

Apple App Store terms. If you obtained Harvest from the Apple App Store, these Terms are between you and Harvest only, not Apple. Apple has no obligation to provide maintenance or support for Harvest. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you with respect to your use of Harvest on Apple devices.

Compliance Responsibility

You are responsible for your own legal, brokerage, licensing, advertising, MLS/listing-data, and privacy compliance. Harvest may provide settings, reminders, suppression fields, scripts, drafts, and workflow tools, but those tools do not replace your professional judgment or legal review.

You are responsible for complying with laws and rules that apply to your outreach, including where applicable:

• the Telephone Consumer Protection Act (TCPA), FCC rules, FTC Telemarketing Sales Rule, National Do Not Call Registry, and state do-not-call or telemarketing laws;
• CAN-SPAM and, if contacting people in Canada, CASL;
• fair housing, anti-discrimination, harassment, licensing, advertising, brokerage, MLS, listing-data, and privacy/data-protection requirements;
• local rules about required identity, brokerage, license, address, opt-out, unsubscribe, consent, and recordkeeping disclosures.

Calls & Texts

Harvest may help prepare call scripts, text drafts, follow-up notes, and contact context. Where applicable, Harvest may open your iPhone's native Phone or Messages app with information pre-filled, but you choose whether and when to place the call or send the text.

Harvest does not authorize unlawful robocalls, auto-dialing, power dialing, ringless voicemail, AI voice calls, prerecorded messages, bulk SMS, automated cold SMS, or any outreach that violates consent, do-not-call, opt-out, or telemarketing rules.

• You must identify yourself, your brokerage or business, and the purpose of your contact where required.
• You must honor opt-out, do-not-contact, do-not-call, unsubscribe, and suppression requests.
• You must maintain consent, suppression, and outreach records where required by law or brokerage policy.

Email Campaigns & Exports

Harvest may help draft campaign emails, organize recipient lists, support unsubscribe or suppression workflows, or allow exports for use in other systems. You are responsible for ensuring each email is lawful, accurate, and appropriate before sending it.

• Commercial emails must include accurate sender identity, truthful subject lines, required disclosures, a valid physical mailing address where required, and a functioning unsubscribe mechanism.
• You may not send campaign email to contacts who have unsubscribed, opted out, or are otherwise suppressed.
• If you export email addresses or campaign records, you are responsible for using them only in compliant systems and honoring all opt-out, suppression, and privacy obligations.

Contact, Property & Skip-Trace Data

Harvest may display or help obtain property, homeowner, contact, farm, comparable, and skip-trace data from public records, third-party providers, user uploads, and other sources. This data is provided for lawful real estate prospecting support only.

• You must verify contact, ownership, property, DNC, suppression, and listing information before relying on it.
• You may not use contact or property data for FCRA-regulated eligibility decisions, including tenant screening, credit, lending, insurance, employment, or similar decisions.
• You may not resell, redistribute, publish, or misuse contact data except as expressly permitted by Harvest and applicable provider terms.
• You are responsible for using MLS, listing, property, and public-record data only in ways allowed by your agreements, brokerage rules, and applicable law.

AI Content

Harvest may generate or assist with scripts, texts, emails, campaign copy, follow-ups, recaps, and summaries. AI output may be wrong, incomplete, outdated, biased, unsuitable, or noncompliant for your specific use.

You are responsible for reviewing and editing AI output before use, including for accuracy, fair housing, advertising, brokerage approval, licensing, MLS/listing-data rules, privacy, DNC, TCPA, CAN-SPAM, CASL, and other communications-law obligations.

Harvest does not provide legal advice, does not guarantee AI output is accurate or lawful, and does not guarantee that a draft is appropriate for any specific recipient or jurisdiction.

Fair Housing & Non-Discrimination

You may not use Harvest to discriminate, target, exclude, steer, harass, or make decisions based on protected characteristics or other categories protected by fair housing, civil rights, or anti-discrimination laws.

• Do not include protected-class language, coded discriminatory language, steering language, or predatory claims in scripts, texts, emails, calls, notes, or campaigns.
• Do not use Harvest to target vulnerable homeowners with misleading pressure, false urgency, or inaccurate claims about property value, taxes, foreclosure, liens, relocation, or market conditions.
• You are responsible for brokerage review and approval where required.

Acceptable Use

You agree not to:

• Use the Service in any way that violates law, including TCPA, FCC rules, FTC Telemarketing Sales Rule, National DNC, state DNC or telemarketing laws, CAN-SPAM, CASL, fair housing, privacy, MLS/listing-data, advertising, brokerage, or licensing rules.
• Harass, threaten, defame, or otherwise misuse contact information you obtain through the Service.
• Upload contact data you don't have the legal right to use, or scrape data in violation of a third party's terms.
• Attempt to gain unauthorized access to other accounts, teams, or systems.
• Interfere with or disrupt the Service, our infrastructure, or our partners' systems.
• Use the Service to send unlawful spam, unsolicited bulk messages, automated cold SMS, robocalls, prerecorded messages, AI voice calls, or any form of harassment.
• Use Harvest content to train an AI model that competes with Harvest.
• Resell, redistribute, publish, or misuse contact, skip-trace, property, or homeowner data.
• Use Harvest or Harvest-supplied data for tenant screening, credit, lending, insurance, employment, or other FCRA-regulated eligibility decisions.

We may suspend or terminate accounts that violate this section, with or without notice, in our reasonable discretion.

Your Content & Workspace Data

You retain ownership of content you upload, enter, import, or generate in Harvest, including listings, farm data, contacts, notes, dispositions, scripts, campaign drafts, voice recaps, transcripts, and summaries (“Your Content”).

You grant Harvest a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, process, and create operational outputs from Your Content solely as needed to operate, secure, troubleshoot, support, and improve the Service for you and your team. This license ends when you delete the content or your account, except where retention is needed for legal, tax, audit, payment, backup, security, suppression, or abuse-prevention purposes.

You represent that you have all rights necessary to upload Your Content and that doing so does not violate any law or third-party right.

Workspace data. Data created or imported inside a team workspace (including leads, contacts, notes, dispositions, callbacks, voice recap summaries, and performance metrics) is workspace data and is controlled by the team owner. If a team member leaves or is removed: (a) workspace data remains with the team; (b) the team member's personal account profile remains theirs; (c) the team owner may export, transfer, or delete workspace data at their discretion. Team members should not expect personal ownership of leads or activity created inside a workspace unless we explicitly state otherwise in writing.

Import and export rights. When you upload, import, export, or use contacts or property data in Harvest, you confirm that you have the legal right to use that data for lawful real estate prospecting and that doing so complies with applicable privacy, communications, brokerage, MLS/listing-data, and anti-spam laws.

Third-Party Services

Harvest uses third-party services to provide certain features, including Apple for App Store purchases and device services; hosting, database, authentication, email, and diagnostics providers; AI and transcription providers when features are triggered; and property, contact, or skip-trace data providers.

Your use of third-party services may also be governed by their own terms. We are not responsible for third-party services, data-provider coverage, provider outages, app-store decisions, email deliverability, or third-party data accuracy.

Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” Harvest disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability.

We do not guarantee that the Service will be uninterrupted, error-free, secure, compliant for your use, or that any property data, contact data, AI-generated content, campaign copy, DNC or suppression signal, script, email, text, or outreach workflow is current, correct, complete, lawful, or appropriate for any recipient or jurisdiction.

No guarantee of results. Harvest is a productivity tool. We do not guarantee leads, conversations, appointments, signed contracts, closings, revenue, email deliverability, call connect rates, contact-data accuracy, skip-trace coverage, or compliance outcomes.

Limitation of Liability

To the maximum extent permitted by law, Harvest and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost goodwill, or business interruption, arising out of or related to your use of the Service.

Our total cumulative liability for all claims arising out of or related to these Terms or the Service will not exceed the greater of (a) the total amount you paid Harvest in the twelve (12) months immediately before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Harvest and its affiliates, officers, employees, agents, licensors, and service providers from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use of the Service, Your Content, campaigns, exports, scripts, calls, texts, emails, or other outreach;
• your violation of these Terms, applicable law, brokerage policy, MLS/listing-data rules, third-party terms, or any third-party right;
• communications-law claims, including TCPA, DNC, FTC TSR, CAN-SPAM, CASL, state telemarketing, spam, opt-out, or unsubscribe claims;
• fair housing, civil rights, anti-discrimination, licensing, advertising, privacy, data-protection, or consumer-protection claims;
• your misuse, resale, redistribution, export, or unlawful reliance on skip-trace, contact, property, homeowner, or listing data.

Suspension & Termination

You may stop using Harvest and cancel your subscription at any time through your Apple ID settings. We may suspend or terminate your access to the Service immediately, with or without notice, if we reasonably believe you have:

• violated these Terms or applicable law;
• shared, transferred, or allowed multiple people to use a single Harvest seat;
• uploaded contact data you did not have the right to use;
• used the Service for unlawful outreach, spam, harassment, robocalls, automated cold SMS, bulk SMS, DNC misuse, or ignored opt-out, unsubscribe, do-not-call, or do-not-contact requests;
• created high complaint rates, deliverability risk, fair-housing risk, legal risk, brokerage complaints, data-provider complaints, or MLS/listing-data concerns;
• resold, redistributed, exported, or misused contact, property, homeowner, or skip-trace data; or
• posed a security, abuse, privacy, safety, or reputational risk to Harvest, our users, service providers, data providers, or the public.

We may also suspend accounts to investigate suspected abuse before taking final action.

Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution.

Governing Law & Disputes

These Terms are governed by the laws of the State of New York, USA, without regard to conflict-of-laws rules. Apple's standard EULA terms also apply where required by Apple.

Informal resolution. Before filing any claim, you agree to contact us at Joe@harvest-app.net and try to resolve the dispute informally for at least 30 days.

Arbitration & class action waiver. Any unresolved dispute arising out of or related to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You and Harvest each waive the right to a jury trial and to participate in a class, collective, or representative action. If arbitration is found unenforceable, the dispute will be resolved exclusively in the state or federal courts located in New York County, New York.

Changes to These Terms

We may update these Terms from time to time. Material changes will be announced in-app or by email at least 7 days before they take effect. Your continued use of the Service after a change takes effect means you accept the updated Terms. The “Effective” date at the top of this page always reflects the latest revision.

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