By using the service ("Service") provided at the Hark website (“Site”), or any services of Hark ("Hark"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). These Terms of Service together with any applicable order form constitute the entire and exclusive understanding and agreement between Hark and you regarding the Service, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Hark and you regarding the Services, however if an order form differs from these Terms of Service then the order form supersedes these Terms of Service.

IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THESE TERMS AD CONDITIONS AND MAY NOT USE THE SERVICES.

A. Modification
We may modify the Terms of Service at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms of Service on the Site or through other communications. It’s important that you review the Terms of Service whenever we modify them because if you continue to use the Service after we have posted modified Terms of Service on the Site, you are indicating to us that you agree to be bound by the modified Terms of Service. If you don’t agree to be bound by the modified Terms of Service, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

If you violate any of the terms in this Terms of Service, we can terminate your Account in our sole discretion. You agree to use the Service at your own risk.

B. Account Terms
You must provide the information we need to complete your registration for an Account, including your name, a valid email address, and any other information we ask for during the registration process.

You’re not allowed to share your login information with others. Only one person may use a login, but if you are on a plan that includes multiple users, you may create as many separate logins for people as your plan allows.

You are responsible for maintaining the security of your Account and password. Hark cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your Account (even when Content is posted by others who have Accounts under your Account).

You may not use the Service for any illegal or unauthorized purpose. When using the Service, you agree not to violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

C. API Terms
We allow our users to access their Hark Account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Hark, is bound by these Terms of Service, including the following terms that are specific to the use of the API:

You expressly understand and agree that Hark will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hark has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

Excessively frequent requests to Hark via the API or other forms of abuse of the API may result in the temporary or permanent suspension of your Account's access to the API. Hark, in its sole discretion, will determine abuse or excessive usage of the API. Hark will make a reasonable attempt via email to warn the Account owner prior to suspension.

Hark reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

D. Payment, Refunds, Upgrading and Downgrading Terms
Payment terms will be set forth in the individual contract for the service.
All fees do not include any taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.

E. Cancellation and Termination
Cancellation terms will be set forth in the individual contract for the service.
In the event that Hark suspends or terminates your Account, we will make a reasonable effort to provide you with a copy of the Account contents upon request, unless the Account was suspended or terminated due to unlawful conduct.

F. Modifications to the Service and Prices
Hark reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice..
Hark will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

G. Copyright and Content Ownership
For purposes of these Terms of Service: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service. Subject to your compliance with these Terms of Service, Hark grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Service.
You will defend Hark against any claim, demand, suit or proceeding made or brought against Hark by a third-party alleging that your User Content, or your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and will indemnify Hark for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Hark in connection with any such claim, demand, suit or proceeding; provided, that Hark (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Hark of all liability); and (c) provides to you all reasonable assistance, at your expense.

H. General Conditions
Support for the Service is only available in English, via email and chat interface via the Site.

You understand that Hark uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Hark, or any other Hark service.

You may not use Hark in violation of Hark's trademark or other rights or in violation of applicable law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Hark.

Open source software licenses for components of the Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms of Service, the open source licenses govern your agreement with Hark for the use of the components of the Services released under an open source license.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Hark customer, employee, member, or officer will result in immediate Account termination.

You understand that the technical processing and transmission of the Service, including your User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

Hark does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HARK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.

The failure of Hark to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Hark and govern your use of the Service, superseding any prior agreements between you and Hark (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under laws of England and Wales.