Harold Privacy Policy

Thank you for visiting the website of Harold (“Company”, “Harold” “we” or “us”). This privacy policy provides the user and/or viewer (“you”) with access to information through this website (the “Site”) and provides certain products and services in conjunction with this Site (the “Services”). This privacy policy describes our information collection and use practices in connection with the Site and the Services, as well as circumstances under which we disclose information collected from you. We are committed to ensuring that your privacy is protected. By using or by submitting personal information through the Site or the Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy. We may change this policy from time to time by updating this page. You should check this page on a regular basis to ensure that you are happy with any changes.

The Information that we collect

In common with other websites, log files are stored on our web server saving details such as the visitor’s Internet Protocol (IP) address, address, browser type, referring/exit pages and URL’s, number of clicks, domain names, landing pages, pages viewed, page and time of visit, and other such information.

We also receive and store information that you enter on the Site or give us in any other way (e.g., by telephone). As a result, you may supply us with personal information or non-personal information such as:

Full contact information including email address;
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers
Date and Time
Originating IP address;
Domain name;
Type of browser and operating system used (if provided by the browser);
URL of the referring page (if provided by the browser);


What we do with the information we gather

We use information collected from our Site and the Services in several ways. For example, we use personal information as needed to provide the Site and the Services, to create accounts, and to communicate with registered members. We may send E-mails to you regarding news of the Services or offers by us or our affiliates.

We also use both personal information and non-personal information when evaluating ways to improve the Site and the Services. As further described below, in limited circumstances we may disclose collected information, including personal information, to certain third parties in connection with providing the Services or as required by law.

We use the information in a variety of ways, including, by way of example, to evaluate the performance of the Site and Services and the general preferences of users, or to generate anonymous statistics for our benefit or for our business partners.

We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

If you enter and win a contest or other promotion, you expressly consent to us publicly disclosing your name and the fact that you won the contest or promotion.


Security

The Site has security measures in place to protect against the loss, misuse and unauthorized alteration of personal information in Company’s possession and control. Although we endeavor to provide security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of personal information or non-personal information arising in connection with the theft thereof.


How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our application in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.


Links to other Applications

The Site may contain links to other websites of interest. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.

Once you have used these links to leave our site, you should note that we do not have any control over that other application or website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the application in question.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting.
If you would like a copy of the information held on you please contact us. If you believe that any information we are holding on you is incorrect or incomplete, please mail us as soon as possible, at the above address. We will promptly correct any information found to be is correct.


Changes to Privacy Policy

f we change our privacy policy, we will post those changes on the Site so that users are always aware of what information we collect, how we use it, and under what circumstances, if any, we will disclose it. These changes will be effective immediately. In any event, changes to this Privacy Policy may affect our use of Personal Information that you provided us prior to our notification to you of the changes. Your continued access to and/or use of the Site or the Services following notice of such changes constitutes your assent to, and acceptance of, this policy, including all posted changes for which we have provided notice as described herein.

If You have any questions about our Terms & Conditions or this Privacy Policy, please contact us at contact@helloharold.me

Privacy Policy of the Harold Facebook app

In order to receive information about your Personal Data, the purposes and the parties the Data is shared with, contact the Owner.


Data Controller and Owner

Beirut, Lebanon,
contact@helloharold.me


Types of Data collected

The owner does not provide a list of Personal Data types collected.
Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for this Application to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.


Mode and place of processing the Data

Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
Place
The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
Retention time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.


The use of the collected Data

The Personal Data used for each purpose is outlined in the specific sections of this document.


Facebook permissions asked by this Application

This Application may ask for some Facebook permissions allowing it to perform actions with the User's Facebook account and to retrieve information, including Personal Data, from it.
For more information about the following permissions, refer to the Facebook permissions documentation and to the Facebook privacy policy.
The permissions asked are the following:
Basic information
By default, this includes certain User’s Data such as id, name, picture, gender, and their locale. Certain connections of the User, such as the Friends, are also available. If the User has made more of their Data public, more information will be available.


Additional information about Data collection and processing

Legal action
The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional information about User's Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.
System logs and maintenance
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
The rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Changes to this privacy policy
The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.

Chatbot

The suggested price by Harold is indicative of similar cars on the eMarketplaces scraped by our startup. Should you choose to take Harold’s suggestions in consideration, in no way is Harold liable of money loss or gain on a transaction. Harold, as an assistant, only puts its numbers for your consideration, and as such cannot be assimilated as the decision maker in the process.

The Information that we collect

Fairness, as stated in our promotional campaigns and our briefs, are relative to online public data. In no way, does this fairness reflect an actual purely objective view of the used cars market, and trends. In now way can Harold A.I. models or employees be held accountable for

Please note that we have no ties with eMarketplaces platforms, or with online business car vendors/dealerships, or with private individuals that are car sellers or buyers. These parties are free to use the Harold services just as anyone else.

We will not provide any assistance in your negotiations with above mentioned third parties. We cannot be held liable for any troubleshooting of the above platforms or dealerships, and we cannot be held liable for any problems encountered in your car transaction such as : loss of property/car, theft, unpaid transaction by a third-party, or scams, frauds and online phishing.

Harold is free for private individuals. If you have paid for a service to access Harold, please understand that this has been part of fraudulent activity by a third party of no ties with Harold. The service being free, please note that we are not making any money with car data in the Harold Chatbot service. As such, any laws surrounding data used by Harold to reach its statistical and machine learning conclusions, has not been breached.
Harold only applies its models to PUBLIC DATA, gathered on the internet, and in no way did Harold use illegal methods to obtain data.

Harold is an entity based in Beirut, Lebanon and cannot be held as accountable for any non-lebanese laws outside Lebanon. In no way can your country of residence apply its laws or umbrella policies on your interaction with Harold.

By having used our service, you have agreed to these terms and conditions, and have given your consent to the privacy policy run at Harold.

By Visiting Harold Website, you agree to the following Terms & Conditions.

If you do not agree to be bound by these Terms & Conditions, do not access or use this website.
Harold may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Intellectual Property Rights

All content, including without limitation, all text, design, graphics, photographs, code and software used or incorporated into this Site, and the organization and presentation of such content, as well as the Company names, trademarks, words, logos and images appearing in this Site (collectively the “Trademarks”) are registered and unregistered Trademarks of Harold, and others. All rights reserved.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of Harold or such third party that may own the Trademarks displayed on the site. Your use of the Trademarks displayed on the site, or any other content on the site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Company will enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.

Harold appreciates comments and suggestions relating to the Site as well as its Services. Please note that all comments, suggestions, materials and other communications submitted to Harold using the Site or otherwise shall be and remain the property of Speed Lebanon and will be treated as non-confidential. Harold reserves the right to use and reproduce this information for any purpose whatsoever.

Content

This Site and all contents, products and services are provided on an “as is” basis, without warranties of any kind. Although reasonable efforts are used to ensure that this Site will be current and accurate, Harold does not represent or warrant that this Site will be error free, or completely accurate or current at all times or at any time. Your use of this Site is at your sole risk. Neither Harold nor its affiliated entities nor any of their directors, officers, employees, agents, successors or assigns shall be liable for any damages whatsoever arising out of or related to access to or use of this Site, whether or not such Speed Lebanon or any of its affiliates were advised, knew or should have known of the possibility of such damages, including, without limitation, loss of profit, liability for direct, indirect, special, incidental or consequential damages.

Governing law and disputes

These Terms of Use and Privacy Policy are governed by the Lebanese laws. These applicable laws shall apply to the interpretation of this privacy policy and these terms and conditions as well as any transaction using this Site, notwithstanding any conflict of law provisions.
All disputes arising in connection with the present Terms of Use and Privacy Policy shall be finally settled under the Rules of Conciliation and Arbitration at the Beirut Chamber of Commerce and Industry by one or more arbitrators appointed in accordance with the said Rules. The contracting parties (You and the Company) declare accepting the provisions of the said Rules and undertake to abide by them

Harold for Business Agreement

This section only applies to Harold for Business customers.

This Harold for Business Agreement (the "Agreement") is between Harold Lebanon S.A.L. at its inception, a Lebanese corporation ("Harold") and the organization agreeing to these terms ("Customer"). This Agreement governs access to and use of the Services and Beta Services. By clicking "I agree," signing your contract for the Services, or using the Services, you agree to this Agreement as a B2B Customer.

To the extent that Harold Lebanon S.A.L. (at its inception) is, on behalf of the Customer, processing Customer Data that is subject to EU Data Protection Laws, by clicking "I agree", you are also agreeing to the EU Standard Contractual Clauses, defined below, with Harold Lebanon S.A.L. (at its inception) for the transfer of personal data to processors.

If you are agreeing to this Agreement and, if applicable, the EU Standard Contractual Clauses, for use of the Services by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these terms, otherwise you must not sign up for the Services.

  1. Services.
    1. Provision. This Agreement governs access to, and use of, the Services and Software. Customer and End Users may access and use the Services in accordance with this Agreement.
    2. Security Measures.. Harold will use, at a minimum, industry standard technical and organizational security measures to transfer, store, and process Customer Data. These measures are designed to protect the integrity of Customer Data and guard against the unauthorized or unlawful access to, use, and processing of Customer Data.
    3. Data Processing and Transfer.
      1. Data Processing. Harold and its Sub-processors will only process Customer Data to provide the Services and to fulfill Harold's obligations under the Agreement. Sub-processors' processing activities will be restricted to processing on Harold's behalf and in accordance with Harold's instructions. Customer agrees that Harold and its Sub-processors may transfer, store, and process Customer Data in locations other than Customer's country.
      2. EU Standard Contractual Clauses. To the extent Customer Data is subject to EU Data Protection Laws and is processed by Harold on Customer's behalf: (i) Harold will use and process Customer Data as Customer instructs in order to provide the Services and to fulfill Harold's obligations under the Agreement; and (ii) Customer agrees to the EU Standard Contractual Clauses with Harold Lebanon S.A.L. (at its inception.) for the transfer of personal data. The EU Standard Contractual Clauses apply only to the Services and future variations of the Services, but do not apply to Beta Services.
    4. Modifications. Harold may update the Services from time to time. If Harold changes the Services in a manner that materially reduces their functionality, Harold will notify Customer at the email address associate with the account, and Customer may provide notice within thirty days of the change to terminate the Agreement. This termination right will not apply to updates made to features provided on a beta or evaluation basis.
    5. Software as a service
      1. License. Harold hereby grants to Customer during the Term a limited non-exclusive license to use the Software solely in connection with the Services and in accordance with this Agreement. This license is non-transferable (subject to Section 12.8), irrevocable (except as set forth in Section 7), non-sublicensable, and will be fully paid up upon Customer's payment of the Fees.
  2. Customer Obligations.
    1. Customer Administration of the Services. Customer is responsible for maintaining the confidentiality of passwords and Admin Accounts, and managing access to Admin Accounts. Harold's responsibilities do not extend to the internal management or administration of the Services for Customer. The Customer acknowledges that, if the Customer purchases the Services through a reseller and designates any of the reseller's personnel as Administrators of the Customer's Services account, the reseller may be able to control account information, including Customer Data, and access the Customer's Services account as described above.
    2. Unauthorized Use or Access. Customer will prevent unauthorized use of the Services by its End Users and terminate any unauthorized use of or access to the Services. End User Accounts may only be provisioned, registered, and used by a single End User. The Services are not intended for End Users under the age of 13. Customer will ensure that it does not allow any person under 13 to use the Services. Customer will promptly notify Harold of any unauthorized use of or access to the Services.
    3. Restrictions. Customer will not: (a) sell, resell, or lease the Services or Software; (b) use the Services or Software for activities where use or failure of the Services or Software could lead to physical damage, death, or personal injury; (c) reverse engineer the Services or Software, or attempt or assist anyone else to do so, unless this restriction is prohibited by law; or (d) use the Services or Software, including the export or re-export of Customer Data.
    4. Compliance. Customer is responsible for use of the Services by its End Users. Customer will comply with laws and regulations applicable to Customer's use of the Services, if any. Customer will obtain and maintain from End Users any consents necessary to allow Administrators to engage in the activities described in this Agreement and to allow Harold to provide the Services.
  3. Payment.
    1. Fees. Customer will pay Harold or Customer's Reseller all applicable Fees for the Services, in the currency indicated on the Order Form. Customer authorizes Harold, or Customer's reseller, to charge Customer for all applicable Fees using Customer's selected payment method. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
    2. Payment. Customer will pay Harold invoices on the payment interval set forth in the Order Form. Harold may suspend or terminate the Services if Fees are past due. Customer will provide complete and accurate billing and contact information to Harold or to Customer's Reseller.
    3. Taxes. Fees are exclusive of taxes and Customer is responsible for all Taxes. Harold, or Customer's reseller, will charge Taxes when required to do so.
    4. 4. Auto-renewals and Trials. IF THE CUSTOMER'S ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD, HAROLD (OR THE CUSTOMER'S RESELLER) MAY CHARGE AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS THE CUSTOMER NOTIFIES HAROLD (OR THE CUSTOMER'S RESELLER, AS APPLICABLE) THAT THE CUSTOMER WANTS TO CANCEL OR DISABLE AUTO-RENEWAL. Harold may revise Service rates by providing the Customer at least thirty days' notice prior to the next charge.
  4. Suspension.
    1. Of End User Accounts by Harold. If an End User: (a) violates this Agreement; or (b) uses the Services in a manner that Harold reasonably believes will cause it liability, then Harold may request that Customer suspend or terminate the applicable End User account. If Customer fails to promptly suspend or terminate the End User account, then Harold may do so.
    2. Security Emergencies. Notwithstanding anything in this Agreement, if there is a Security Emergency then Harold may automatically suspend use of the Services. Harold will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency.
  5. Intellectual Property Rights.
    1. Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant: (a) Harold any Intellectual Property Rights in Customer Data; or (b) Customer any Intellectual Property Rights in the Services or Harold trademarks and brand features.
    2. Limited Permission. Customer grants Harold only the limited rights that are reasonably necessary for Harold to provide the Services. This limited permission also extends to Subcontractors or Sub-processors.
    3. Suggestions. Harold may use, modify, and incorporate into its products and services, license and sublicense, any feedback, comments, or suggestions on the Services that Customer or End Users may send Harold or post in Harold's forums without any obligation to Customer.
  6. Term.
    1. Agreement Term. This Agreement will remain in effect for the Term.
    2. Services Term. Harold will provide the Services to Customer for the Services Term. Unless the parties agree otherwise in writing, End User Accounts purchased during any Services Term will have a prorated term ending on the last day of the pre-existing Services Term.
    3. Order Form Renewals. Unless otherwise specified on the Order Form, following the Initial Services Term or a Renewal Term, the subscription to the Services will automatically renew for a Renewal Term, unless either party gives the other written notice of termination at least thirty days prior to the expiration of the then-current Services term.
  7. Termination.
    1. Generally. Either Party may terminate this Agreement, including all Order Forms, if: (i) the other Party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; or (ii) the other Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.
    2. Effects of Termination. If this Agreement terminates: (a) except as set forth in this Section, the rights and licenses granted by Harold to Customer will cease immediately; (b) Harold may, at Customer's request, provide Customer access to its account at then-current fees so that Customer may export its Customer Data; and (c) after a commercially reasonable period of time, Harold may delete any Customer Data relating to Customer's account. The following sections will survive expiration or termination of this Agreement: 2.6 (Third Party Requests), 3 (Payment), 5 (Intellectual Property Rights), 7.2 (Effects of Termination), 8 (Indemnification), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Disputes), and 12 (Miscellaneous).
  8. Disclaimers.
    1. Generally. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER CUSTOMER NOR HAROLD AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. CUSTOMER IS RESPONSIBLE FOR USING THE SERVICES OR SOFTWARE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN AND BACKING UP ANY STORED DATA ON THE SERVICES.
    2. Beta Services. Despite anything to the contrary in this Agreement: (a) Customer may choose to use Beta Services in its sole discretion; (b) Beta Services may not be supported and may be changed at any time without notice; (c) Beta Services may not be as reliable or available as the Services; (d) Beta Services have not been subjected to the same security measures and auditing to which the Services have been subjected; and (e) HAROLD WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK.
  9. Limitation of Liability.
    1. Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW NEITHER CUSTOMER NOR HAROLD AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    2. Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, HAROLD'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF $10,000 OR THE AMOUNT PAID BY CUSTOMER TO HAROLD HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
  10. Disputes.
    1. Informal Resolution. Before filing a claim, each Party agrees to try to resolve the dispute by contacting the other Party through the notice procedures in Section 12.6. If a dispute is not resolved within thirty days of notice, Customer or Harold may bring a formal proceeding.
  11. Miscellaneous.
    1. Terms Modification. Harold may revise this Agreement from time to time and the most current version will always be posted on the Harold Business website. If a revision, in Harold's sole discretion, is material, Harold will notify Customer (by, for example, sending an email to the email address associated with the applicable account). Other revisions may be posted to Harold's blog or terms page, and Customer is responsible for checking these postings regularly. By continuing to access or use the Services after revisions become effective, Customer agrees to be bound by the revised Agreement. If Customer does not agree to the revised Agreement terms, Customer may terminate the Services within thirty days of receiving notice of the change.
    2. Entire Agreement. This Agreement supersedes any prior agreements or understandings between the Parties, and constitutes the entire Agreement between the Parties related to this subject matter. All attachments to the Agreement, Customer invoices, and Order Forms executed by the Parties, are hereby incorporated into the Agreement by this reference.
    3. Interpretation of Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the invoice, the Order Form, the Agreement. The terms and conditions of this Agreement will be considered the confidential information of Harold, and Customer will not disclose the information to any third parties. Customer agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void. If End Users are required to click through terms of service in order to use the Services, those click through terms are subordinate to this Agreement and this Agreement will control if there is a conflict.
    4. Governing Law. THE AGREEMENT WILL BE GOVERNED BY LEBANESE LAW.
    5. Severability. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.
    6. Notice. Notices must be sent via email, first class, airmail, or overnight courier and are deemed given when received. Notices to Customer may also be sent to the applicable account email address and are deemed given when sent. Notices to Harold must be sent to Harold at contact@helloarold.me, with a copy to Harold, Beirut Digital District, Building 1079, First Floor, Co-Working Space – Bashoura, Beirut Lebanon.
    7. Waiver. A waiver of any default is not a waiver of any subsequent default.
    8. Assignment. Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement without the written consent of Harold. Harold may not assign this Agreement without providing notice to Customer, except Harold may assign this Agreement or any rights or obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.
    9. No Agency. Harold and Customer are not legal partners or agents, but are independent contractors.
    10. Subcontracting. Harold will remain liable for all acts or omissions of its Subcontractors or Sub-processors, and for any subcontracted obligations.
    11. Force Majeure. Except for payment obligations, neither Harold nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the Party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
    12. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Without limiting this section, a Customer's End Users are not third-party beneficiaries to Customer's rights under this Agreement.
  12. Definitions.
    • "Account Data" means the account and contact information submitted to the Services by Customer or End Users.
    • "Administrator" means the Customer-designated technical End User who administers the Services to End Users on Customer's behalf. Administrators may be able to access, disclose, restrict or remove Customer Data in or from End User Accounts. Administrators may also have the ability to monitor, restrict, or terminate access to End User Accounts.
    • "Admin Account" means the administrative account provided to Customer by Harold for the purpose of administering the Services.
    • "Admin Console" means the online tool provided by Harold to Customer for use in administering the Services.
    • "Affiliate" means any entity that controls, is controlled by or is under common control with a Party, where "control" means the ability to direct the management and policies of an entity.
    • "Beta Services" means services or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
    • "Customer Data" means Stored Data, Account Data, and messages, comments, structured data, media, and other content submitted to the Services by Customer or End Users.
    • "Effective Date" means the date this Agreement is accepted by Customer.
    • "End Users" means users of Customer's Services account. End Users may include Customer's and its Affiliate's employees and consultants.
    • "End User Account" means a Harold hosted account established by Customer through the Services for an End User.
    • "EU Data Protection Laws" means those laws implementing EU Data Protection Directive (95/46/EC).
    • "EU Standard Contractual Clauses" means the EU Standard Contractual Clauses with for the transfer of personal data to processors.
    • "Fees" means the amounts invoiced to Customer by Harold for the Services as described on the Order Form.
    • "Initial Services Term" means the term for the applicable Services beginning on the Provisioning Date and continuing for the duration set forth on the Order Form.
    • "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
    • "Order Form" means the ordering document, or ordering page, for the Services.
    • "Provisioning Date" is the date upon which Harold makes the Services available to Customer.
    • "Renewal Term" means, unless otherwise agreed to in writing by the Parties, the twelve-month renewal term following either the Services Initial Term, or a previous Renewal Term. Renewal Terms are set forth on the Order Form.
    • "Security Emergency" means: (i) use of the Services that do or could disrupt the Services, other customers' use of the Services, or the infrastructure used to provide the Services; or (ii) unauthorized third-party access to the Services.
    • "Services" means the services ordered by Customer and provided by Harold to Customer.
    • "Services Term" means the Initial Services Term and all Renewal Terms for the applicable Services.
    • "Software" or “software as a service” means the client software provided as part of the Services.
    • "Stored Data" means the files uploaded to the Services using the Software by Customer or End Users.
    • "Subcontractor" means an entity to whom Harold subcontracts any of its obligations under this Agreement.
    • "Sub-processor" means an entity who agrees to process Data on Harold's behalf, or on behalf of another Harold sub-processor, in order to provide the Services.
    • "Taxes" means any sales, use, value added, goods and services, consumption, excise, local stamp, or other tax, duty or other charge of any kind or nature excluding tax that is based on Harold's net income, associated with the Services or Software, including any related penalties or interest.
    • "Term" means the term of the Agreement, which will begin on the Effective Date and continue until the earlier of: (i) the end of the Services Term; or (ii) the Agreement is terminated as set forth herein.
    • "Third-Party Request" means a request from a third-party for records relating to an End User's use of the Services including information in or from an End User Account, or from Customer's Services account. Third-Party Requests may include valid search warrants, court orders, or subpoenas, or any other request for which there is written consent from End Users, or an End User's authorized representative, permitting a disclosure.
    • "Withholding Taxes" mean any Taxes Customer is required by law to withhold, which are then imposed on Harold, or Customer's reseller, as applicable.