Terms of Use

Last updated: November 11, 2026

The website located at https://heyharken.com, the Harken web application, the Harken API and MCP server, and the related services we provide (together, the "Service") are owned and operated by NextGen Software, a Delaware company ("NextGen Software," "us," "our" or "we"). Certain features of the Service may be subject to additional guidelines or rules posted in the Service, which are incorporated into these Terms by reference.

These Terms of Use ("Terms") govern your use of the Service. Harken is a business service. By accessing or using the Service, or by clicking "I agree" (or a similar button or checkbox) when that option is presented to you, you agree to these Terms on behalf of yourself and the business you represent (the "Customer"), and you confirm that you have the authority to bind that business. In these Terms, "you" means both you and the Customer. You must be at least 18 years old to use the Service, and you may use it only for business purposes, not for personal, family or household purposes. If you do not agree to these Terms, please do not use the Service.

If the Customer has signed a separate written agreement with NextGen Software for the Service, that agreement controls where it conflicts with these Terms.

IMPORTANT: PLEASE READ SECTION 15 CAREFULLY. It contains an agreement to resolve disputes through binding individual arbitration instead of in court, and includes a waiver of class action rights and jury trial rights. You have 30 days to opt out of the arbitration agreement, as described in Section 15.10.

1. Accounts

1.1 Creating an Account

You need an account to use the Service. When you register, you agree to provide accurate and complete information and to keep it current. A Customer's account holds one workspace, which its owner and admins may invite other people to join. The Customer is responsible for the people it invites and for the roles and seats it gives them. You can delete your account at any time under Settings, Account, or ask us to close it at hello@heyharken.com. Deletion takes effect immediately and cannot be undone. If you own a workspace that other people belong to, you must first make one of them its owner. Deleting an account that owns a workspace alone deletes that workspace and its data and cancels its subscription at once, without a refund for the rest of the paid period or for unused credits. An account deleted this way gets no new free trial if it signs up again. We may suspend or terminate your account as described in Section 12.

1.2 Account Security

You are responsible for keeping your sign-in credentials, API tokens and connected AI assistants under your control, and for all activity that occurs under your account. If you believe your account has been accessed without your authorization, please notify us immediately at hello@heyharken.com. We are not liable for any losses resulting from your failure to keep your credentials secure.

2. Access to the Service

2.1 License

Subject to these Terms, including payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for the Customer's internal business purposes during your trial or subscription.

2.2 Restrictions

You may not: (i) license, sell, rent, lease, transfer, assign, distribute or commercially exploit the Service or any content on it, except that you may use the results of the Service in your own business as these Terms permit; (ii) modify, create derivative works from, disassemble, reverse-compile or reverse-engineer any part of the Service; (iii) access the Service in order to build a similar or competing product or service; (iv) copy, reproduce, distribute, republish, download, display, post or transmit any part of the Service except as expressly permitted by these Terms; or (v) resell the Service or give access to it to anyone outside the Customer's workspace. All copyright and proprietary notices on the Service must be kept intact on any copies you are permitted to make.

2.3 Changes to the Service

We may modify, suspend or discontinue the Service (or any part of it) at any time. Where a change materially reduces the features of a paid plan during a period you have paid for, we will try to give you reasonable advance notice. Except as stated in Section 3, we are not liable to you or any third party for any modification, suspension or discontinuation.

2.4 Support

We offer support by email at hello@heyharken.com and, when it is enabled, through the in-app chat. Unless we agree otherwise in writing, we do not commit to response times or service levels.

2.5 Ownership

All intellectual property rights in the Service and its content, including copyrights, patents, trademarks and trade secrets, belong to NextGen Software or its suppliers. These Terms do not transfer any ownership rights to you, except for the limited license in Section 2.1. All rights not expressly granted are reserved. Your Data (defined in Section 4.1) remains yours.

2.6 Feedback

If you share feedback or suggestions about the Service with us, you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free license to use that feedback freely, in any manner and for any purpose, without attribution. Please do not submit feedback that you consider proprietary or confidential.

3. Plans, Trial, Credits and Payment

3.1 Free Trial

A new workspace gets a free trial of seven days that includes a starting amount of credits shown in the Service. No payment is taken during the trial. If you start a subscription with the trial and do not cancel it before the trial ends, the plan you chose begins and is billed at the end of the trial. When the trial ends without a subscription, the Customer's agents stop running, but nothing in the workspace is deleted, and the agents run again once a subscription starts.

3.2 Plans and Billing

Paid plans are billed per agent, monthly or annually, as selected at checkout. Full seats beyond the one included with a plan are billed on the same subscription and at the same interval. Prices are in euros. The checkout page shows the amount you will be charged before anything is charged. Payments are processed by Stripe, and by subscribing you also agree to the terms Stripe presents to you.

3.3 Renewal and Cancellation

Subscriptions renew automatically at the end of each billing period for the same interval until cancelled. You can change plans, update your payment method or cancel at any time through the billing portal under Settings, Billing & usage. A cancelled subscription keeps working until the end of the period you have paid for. Except as required by law or as stated at checkout, fees already paid are not refunded.

3.4 Credits

Each plan includes a number of credits per billing period, which certain actions use, as described in the Service. Credits included with a plan expire at the end of each period and do not carry over. Credits you buy separately remain available until used while your account is open. Credits have no cash value, cannot be transferred outside the workspace and are not refundable, except as required by law.

3.5 Price Changes and Taxes

We may change our prices. A price change takes effect at the start of your next billing period after we give you notice of it. You are responsible for any taxes that apply to your purchases, other than taxes on our income.

3.6 Failed Payments

If a payment fails, we may suspend paid features until the payment is made.

4. Your Data and Your Outreach

4.1 Your Data

"Your Data" means the information you or your users submit to the Service, such as your company description, ideal customer profile, writing instructions, messages, outreach plans and do-not-contact entries, together with the posts, leads and other records the Service collects or creates for your workspace. You grant us a non-exclusive, worldwide license to host, copy, process and display Your Data as needed to provide, secure and improve the Service and as described in our Privacy Policy. We do not use Your Data to train AI models.

4.2 Data About Other People

The Service shows you public social-media activity and professional details of people who are not Harken users. You decide whether and how to contact them. For that outreach, the Customer is the controller of the personal data involved and NextGen Software processes it on the Customer's behalf, as described in our Privacy Policy. You are responsible for:

  • having a lawful basis for contacting each person and for any further use of their data, including data you export from the Service;
  • complying with all laws that apply to your outreach and data use, including data protection, privacy, anti-spam and electronic marketing laws;
  • honoring objections and opt-outs, and using the do-not-contact list and the option to delete a lead's data in the Service when a person asks you to stop contacting them or to delete their data; and
  • the content of every message, invitation, comment, reaction and email sent from your accounts, whether you send it yourself, approve it in the Service or allow the outreach agent to approve it in Auto mode.

4.3 Network Terms and Connected Accounts

The LinkedIn and Gmail accounts you link belong to you, and you remain bound by the terms of those networks and services. Automating actions on a personal LinkedIn profile may conflict with LinkedIn's terms, and LinkedIn may restrict an account it finds too active. The daily limits and pacing in the Service reduce this risk but cannot remove it. You accept that risk, and we are not responsible for any restriction, suspension or ban of an account you connect.

4.4 No Sensitive Data

Do not use the Service to collect, infer or store sensitive information about anyone, such as health data, political opinions, religious beliefs or sexual orientation, and do not target people on the basis of such characteristics.

5. Acceptable Use

You may not use the Service to:

  • send spam, or bulk or unsolicited messages in violation of applicable law;
  • harass, threaten, deceive or discriminate unlawfully against anyone;
  • impersonate any person or misrepresent your affiliation with anyone;
  • contact anyone who is on your do-not-contact list or who has asked you to stop;
  • violate any law or the rights of others, including privacy and intellectual property rights;
  • scrape, crawl or extract data from the Service other than through the features and API we provide;
  • exceed or circumvent rate limits, daily limits, credit limits or security measures, or share API tokens outside your workspace;
  • upload malware or interfere with the operation of the Service; or
  • build profiles of individuals for purposes unrelated to business-to-business sales and marketing, such as surveillance, employment screening, credit or insurance decisions, or tenant screening.

6. AI Features

The Service uses AI models to score and summarize posts, assess fit with your ideal customer profile, write drafts and answer questions in Ask. AI output can be inaccurate, incomplete or out of date. You are responsible for reviewing output before you rely on it or send it, and for what you send. Text from posts and comments comes from third parties and should be treated as untrusted.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, published on our website at https://heyharken.com, which is incorporated into these Terms by reference. The Privacy Policy describes the personal data and other information we collect, how we use it, and when we share it with third parties.

7.1 Processing of Personal Data

By using the Service, you acknowledge that you have read and understood our Privacy Policy and that NextGen Software will process your personal data and other information as described in it. If these Terms and the Privacy Policy conflict about the collection, use or processing of personal data, the Privacy Policy controls.

7.2 Cookies and Tracking Technologies

The Service uses cookies and similar technologies ("Tracking Technologies"). For details on which Tracking Technologies the Service uses, what information they collect and how you can manage them, please see the "Cookies and other technologies" section of our Privacy Policy.

8. Indemnification

You agree to defend, indemnify and hold harmless NextGen Software and its officers, employees and agents from any claims and reasonable costs or attorneys' fees arising out of (i) your use of the Service, (ii) Your Data, (iii) your outreach and your use of data obtained through the Service, (iv) your violation of these Terms, or (v) your violation of any applicable law or regulation or any third party's terms. We may assume control of the defense of any such claim at your expense, and you agree to cooperate with our defense. You agree not to settle any such claim without our prior written consent. We will make reasonable efforts to notify you promptly of any claim we become aware of.

9. Third-Party Services and Other Users

9.1 Third-Party Services

The Service links to and integrates with third-party websites and services, such as LinkedIn, Gmail, Slack, Lemlist, Google sign-in, Stripe and AI assistants you connect through our MCP server (collectively, "Third-Party Services"). We do not control, endorse or take responsibility for any Third-Party Services. You use them at your own risk, and their own terms and privacy practices apply to that use. If a Third-Party Service changes or stops working with the Service, we are not liable for the effect on the Service.

9.2 Other Users

Your interactions with other users of the Service, and with people you contact through it, are solely between you and them. We are not responsible for any loss or harm resulting from those interactions, and we may, but have no obligation to, get involved in disputes between them.

9.3 Release

To the fullest extent permitted by law, you release NextGen Software and its officers, employees, agents, successors and assigns from all claims, demands and damages of any kind arising out of or related to other users or Third-Party Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party."

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTGEN SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR FREE OF VIRUSES OR HARMFUL CODE, OR THAT DATA, SCORES, AI OUTPUT OR EMAIL ADDRESSES PROVIDED THROUGH THE SERVICE ARE ACCURATE OR COMPLETE. WHERE APPLICABLE LAW REQUIRES WARRANTIES, THEY ARE LIMITED TO 90 DAYS FROM YOUR FIRST USE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEXTGEN SOFTWARE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COSTS OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, INCLUDING ANY RESTRICTION OF AN ACCOUNT YOU CONNECT; AND (B) OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS IS CAPPED AT THE GREATER OF (i) 50 U.S. DOLLARS AND (ii) THE AMOUNT PAID TO NEXTGEN SOFTWARE BY YOU UNDER THESE TERMS IN THE SIX MONTHS BEFORE THE INCIDENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT INCREASE THIS CAP.

12. Term and Termination

These Terms remain in effect while you use the Service. You may stop using the Service and cancel your subscription at any time as described in Section 3.3. We may suspend or terminate your access (including suspending or closing your account) if you violate these Terms, if your use creates legal or security risk for us or others, if payment is not made, or if we stop offering the Service. Where reasonable, we will give you notice first. We are not liable to you for any suspension or termination made in accordance with these Terms. After termination, we will delete or anonymize Your Data within a reasonable period as described in our Privacy Policy, except where we must keep it by law. Sections 2.2 through 2.6, Section 3 (for amounts owed), and Sections 4 through 15 survive termination.

13. State-Specific Legal Notices

The provisions in this Section 13 apply only to users subject to the laws of the states named below. If a provision in this section conflicts with another provision of these Terms, the state-specific provision controls for users subject to that state's laws.

13.1 California

Under California Civil Code Section 1789.3, California users are entitled to the following notice: the provider of the Service is NextGen Software, a Delaware company. To file a complaint about the Service, or to receive further information about its use, contact us at advertising@nextgensoftlab.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

13.2 State Privacy Laws

Residents of California, Colorado, Connecticut, Virginia, Nevada and other states with comprehensive privacy laws may have rights over their personal information, such as the rights to know, access, correct and delete it, and to opt out of its sale, targeted advertising or certain profiling. We do not sell personal information or use it for targeted advertising. For details and how to exercise these rights, please see the "State privacy rights notice" in our Privacy Policy.

14. General

14.1 Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (at the address on file) or by a prominent notice in the Service. Your continued use of the Service after the notice means you accept the updated Terms.

14.2 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. For any claim or dispute not subject to the arbitration provisions in Section 15, you and NextGen Software irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware. However: (a) either party may bring an action in any court of competent jurisdiction for injunctive or other equitable relief to protect its intellectual property rights (including patents, copyrights, trademarks and trade secrets); and (b) either party may bring an individual action in small claims court for claims within that court's jurisdictional limits.

14.3 Export

You agree not to export, re-export or transfer any technical data or products acquired from the Service in violation of U.S. export control laws or the applicable regulations of other countries.

14.4 Electronic Communications

By using the Service, you consent to receiving communications from us electronically, by email or by notices posted in the Service. These electronic communications satisfy any legal requirement for written notice.

14.5 Accessibility

We want the Service to be accessible to all users, including people with disabilities, and we work toward the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, published by the World Wide Web Consortium. If you have difficulty accessing or navigating the Service, or have suggestions for improving accessibility, please contact us at hello@heyharken.com. We will make reasonable efforts to address accessibility concerns promptly.

14.6 Entire Agreement

These Terms, together with the Privacy Policy, any terms shown at checkout and any other policies or guidelines referenced in them, are the entire agreement between you and NextGen Software about your use of the Service, subject to any separate written agreement described at the start of these Terms. If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid, and the remaining provisions will continue in effect. Our failure to enforce any provision is not a waiver of it. The word "including" means "including without limitation." You may not assign these Terms without our prior written consent; we may assign them freely. These Terms bind any permitted assignees.

14.7 Copyright and Trademarks

Copyright © 2026 NextGen Software. All rights reserved. Harken and its logos are trademarks of NextGen Software. Other trademarks, logos and service marks shown in the Service belong to their owners. You may not use any of them without the owner's prior written consent.

14.8 Contact Information

15. Dispute Resolution

Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

15.1 Applicability

Except as described below, you and NextGen Software agree to resolve all disputes arising out of or relating to the Service or these Terms through binding individual arbitration, not in court. The exceptions are: (i) claims that qualify for small claims court, brought on an individual basis; and (ii) requests for equitable relief related to intellectual property (such as trademarks, trade secrets or copyrights). This arbitration agreement applies to all claims, including claims that arose before you agreed to these Terms.

15.2 Try to Resolve First

Before starting arbitration, the parties agree to try to resolve the dispute informally. The party raising the dispute must send written notice (an "Informal Notice") to the other party. Informal Notices to NextGen Software must be sent by email to advertising@nextgensoftlab.com. Within 45 days of receiving an Informal Notice, the parties will meet by phone or video in good faith to try to resolve the dispute. If the dispute is not resolved within 60 days of the Informal Notice, either party may start arbitration.

15.3 Arbitration Rules

Arbitrations will be administered by JAMS (www.jamsadr.com). Claims under $250,000 (excluding fees and interest) will use JAMS' Streamlined Arbitration Rules; larger claims will use JAMS' Comprehensive Arbitration Rules. Unless the parties agree otherwise, the arbitration will be conducted in the county where you live or, for a business, where it has its principal place of business. All arbitration materials and documents are confidential.

15.4 Arbitration Request

The arbitration request must include: (i) your contact information and the email address of your account (if applicable); (ii) a description of the claims and supporting facts; (iii) the relief you are seeking and a good-faith estimate of damages; (iv) confirmation that you completed the informal resolution process; and (v) proof of payment of any required filing fee.

15.5 Authority of Arbitrator

The arbitrator has authority to resolve all arbitrable disputes, including questions about the scope and enforceability of this arbitration agreement, except that courts (not arbitrators) will decide: (i) challenges to the class action waiver below; (ii) disputes about arbitration fees; (iii) whether a condition precedent to arbitration has been satisfied; and (iv) which version of this agreement applies. The arbitrator may award the same relief as a court, but on an individual basis only. The arbitrator's award is final and binding, and judgment on it may be entered in any court with jurisdiction.

15.6 Waiver of Jury Trial

BY AGREEING TO ARBITRATION, YOU AND NEXTGEN SOFTWARE WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL COVERED CLAIMS.

15.7 Waiver of Class Actions

ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER YOU NOR NEXTGEN SOFTWARE MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. The arbitrator may award relief only on an individual basis. If a court finds this class action waiver unenforceable as to a specific claim, that claim may be litigated in the state or federal courts located in the State of Delaware; all other claims remain subject to arbitration.

15.8 Attorneys' Fees

Each party bears its own attorneys' fees unless the arbitrator finds that a claim was frivolous or brought for an improper purpose.

15.9 Batch Arbitration

If 100 or more substantially similar arbitration demands are filed against NextGen Software within a 30-day period by the same law firm or a coordinated group, JAMS will batch them into groups of 100 and appoint one arbitrator per batch, with one set of fees per batch.

15.10 Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice by email to advertising@nextgensoftlab.com. Your notice must include your name, the name of the business you represent (if any), the email address of your account, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.

15.11 Severability

If any part of this arbitration agreement is found invalid, it will be modified to the minimum extent necessary to make it enforceable, and the rest of the agreement remains in effect.