Terms of Service

1. Definitions

• Workspace means an Organization-specific environment of the Service provisioned for an Organization (including settings, access controls, content areas, and governance configurations).
• Administrator means the Organization and its authorized personnel who administer the Workspace.
• ThirdParty Administrator means an authorized third party that administers a Workspace on behalf of an Organization, including a managed service provider (MSP) or similar partner.
• User Content means content you submit to the Service (e.g., use cases, posts, comments, and attachments), excluding ThirdParty Content.
• Survey Responses means information you submit through surveys, questionnaires, prompts, or forms within the Service.
• ThirdParty Content means content provided by third parties (including news, articles, links, feeds, and external websites) accessible via the Service.
• Personal Data has the meaning under applicable privacy laws (including GDPR/UK GDPR where applicable).
• Deidentified Data means data processed using reasonable measures intended to remove or reduce identifiability such that it is not intended to identify an individual or Organization.
• Aggregated Data means data combined across users, workspaces, cohorts, and/or time periods to produce statistical, benchmark, or trend insights.

2. Relationship to Organizational Agreements (MSA / Order Forms)

2.1 MSA May Apply

If your Organization has entered into a master services agreement, subscription agreement, order form, data processing addendum, or similar agreement with IQ Harvest (collectively, an “MSA”), the MSA governs IQ Harvest’s commercial relationship with your Organization.

2.2 Order of Precedence

If there is a conflict between this AGREEMENT and an MSA regarding the Organization’s rights and obligations, the MSA controls. This AGREEMENT continues to govern your individual use of the Service, including acceptable use, community rules, and your in-product acknowledgments.

3. Account Registration; Security; Records of Acceptance

3.1 Account Information

You agree to provide accurate account information and keep it current.

3.2 Credentials

You are responsible for safeguarding your credentials and all activity under your account.

3.3 Acceptance Records

IQ Harvest may record technical details of your acceptance of this AGREEMENT (e.g., version identifier, timestamp, user/workspace identifier, IP address, and device/user agent) for audit, security, compliance, and support purposes.

4. License Grant; Free and Paid Access

4.1 License

Subject to this AGREEMENT, IQ Harvest grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the applicable term solely for internal business purposes, and only as permitted by your Organization and Workspace settings.

4.2 Free Tier

The Service may be offered in a free version (“Free Tier”). To the maximum extent permitted by law, IQ Harvest may modify, suspend, or discontinue the Free Tier or any portion of the Service at any time.

4.3 No Sublicensing

You may not resell, lease, sublicense, or transfer access to the Service.

5. Workspaces Managed by Administrators and ThirdParty Administrators

5.1 Administrator Control

If you access the Service through a Workspace, you acknowledge that the Workspace is controlled by the Organization and its Administrator(s), and may also be managed by a ThirdParty Administrator.

5.2 ThirdParty Administration (Including MSPs)

Your Organization may authorize a ThirdParty Administrator (including an MSP) to provision, manage, administer, and support the Workspace. By using a Workspace, you consent to such administration.

5.3 Administrator Access and Actions

Administrators and ThirdParty Administrators may, subject to Workspace configuration and the Organization’s policies:

• Manage your access and permissions (including suspension or removal)
• Access, review, export, delete, or restrict Workspace content
• Configure retention, governance, monitoring, and audit logging
• View certain usage/activity logs and Survey Responses as configured

Important: Your Organization controls whether surveys are configured to collect responses in an identifiable or anonymous manner. If surveys are not configured for anonymous collection, Administrators and/or ThirdParty Administrators may be able to view Survey Responses in an identifiable form.

5.4 No Responsibility for Administrative Decisions.

IQ Harvest is not responsible for the Organization’s or any ThirdParty Administrator’s internal policies or decisions, including how they configure the Workspace, manage access, retain/export data, or use Workspace information, to the extent permitted by law.

6. Surveys, AI Enablement Analytics, and Benchmarking (Informational)

6.1 Core Functionality

The Service includes automated monitoring, surveys, analytics, and reporting intended to help Organizations understand AI adoption, tool usage, learning patterns, blockers, efficiency signals, and related insights.

6.2 No Professional Advice

The Service and any outputs are provided for informational purposes only and do not constitute legal, compliance, HR, security, financial, or other professional advice.

6.3 No Compliance Guarantee

Use of the Service does not guarantee compliance with laws, regulations, or internal policies.

7. Data Rights; Deidentified and Aggregated Data; Model Training

7.1 Your/Organization Inputs

As between you/your Organization and IQ Harvest, you (or your Organization) retain rights to your underlying User Content and Survey Responses, subject to the licenses granted in this AGREEMENT and any applicable MSA

7.2 License to Operate the Service

You grant IQ Harvest a limited, non-exclusive, worldwide license to host, process, transmit, display, and otherwise use User Content and Survey Responses as necessary to provide, secure, maintain, and support the Service and your Workspace, and to comply with legal obligations.

7.3 Deidentified and Aggregated Data Rights

You grant IQ Harvest the right to create and use Deidentified Data and/or Aggregated Data derived from use of the Service (including Survey Responses and usage analytics) for product improvement, analytics, trend analysis, benchmarking, and generating statistical or industry reports.

7.4 Training Limited to Deidentified Data Only

IQ Harvest will only train or tune AI/ML models using Deidentified Data (and/or Aggregated Data that is also Deidentified). IQ Harvest does not use identifiable Personal Data, confidential Workspace content, or Organization-identified Survey Responses to train general-purpose models.

7.5 No Re-identification

IQ Harvest will not intentionally attempt to re-identify you or your Organization from Deidentified Data.

7.6 Retention

Workspace data retention is typically controlled by the Organization. IQ Harvest may retain Deidentified Data and Aggregated Data for legitimate business purposes to the extent permitted by law.

8. Use Cases and Community Features

8.1 Internal vs. Global Community

The Service may allow sharing of use cases and content within your Organization and/or in a broader “Global Community,” depending on Workspace settings and visibility options.

8.2 You Control Visibility

You are responsible for selecting the correct visibility setting. Do not post confidential, proprietary, regulated, or Personal Data to the Global Community.

8.3 License for Global Community Posting

If you post User Content to the Global Community, you grant IQ Harvest a worldwide, non-exclusive, royalty-free license to host, display, and distribute that content for community features. You also grant other users of the Global Community the right to access and use that content within the Service.

8.4 Your Representations

You represent that you have the rights needed to submit User Content, it does not infringe third-party rights, and you are not violating confidentiality obligations.

8.5 Moderation

IQ Harvest may remove or restrict User Content at any time for policy, safety, legal, or operational reasons.

8.6 No Reliance

Use cases and community content are provided “as is.” IQ Harvest does not warrant they are safe, compliant, or accurate.

9. ThirdParty News and External Links

9.1 ThirdParty Content

The Service may display or link to ThirdParty Content.

9.2 Not Publisher; No Endorsement

IQ Harvest does not control ThirdParty Content and does not endorse it. IQ Harvest is not responsible for its accuracy, availability, legality, or reliability.

9.3 ThirdParty Terms

ThirdParty Content may be governed by third-party terms and privacy policies.

9.4 No Critical Reliance

Do not rely on ThirdParty Content for legal, compliance, security, financial, HR, or safety decisions.

10. Acceptable Use

You agree not to:

• Use the Service to generate or promote illegal, harmful, infringing, or offensive content
• Reverse engineer, decompile, or attempt to extract source code, models, or algorithms
• Circumvent security controls or access restrictions
• Upload malware or attempt to disrupt the Service
• Submit highly sensitive data (e.g., PHI, payment card data, government IDs) unless explicitly authorized

11. Privacy

11.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy.

11.2 Workspace vs. Account Data

Depending on context, IQ Harvest may act as a processor (for Workspace data) and/or controller (for certain account/security data). See Appendix A for additional terms where applicable.

12. Feedback

If you submit suggestions, feedback, or ideas (“Feedback”), you grant IQ Harvest a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate Feedback without restriction or obligation.

13. Suspension and Termination

13.1 Suspension/Termination.

IQ Harvest may suspend or terminate your access if you violate this AGREEMENT, if required by law, or to protect the Service or others.

13.2 Effect

Upon termination, your right to use the Service ends. Sections that by their nature should survive will survive.

14. Disclaimers

THE SERVICE (INCLUDING COMMUNITY CONTENT AND THIRDPARTY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, IQ HARVEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IQ HARVEST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERRORFREE, OR SECURE.

15. Limitation of Liability

15.1 Exclusion of Damages.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IQ HARVEST WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

15.2 Liability Cap.

Free Tier Users: IQ HARVEST’S TOTAL LIABILITY WILL NOT EXCEED US $100.

Paid/Enterprise Workspaces: LIABILITY IS LIMITED AS SET FORTH IN THE APPLICABLE MSA; if no MSA applies, IQ HARVEST’S TOTAL LIABILITY WILL NOT EXCEED THE AMOUNTS PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

15.3 Jurisdictional Limits

Some jurisdictions do not allow certain limitations; in those jurisdictions, limits apply to the maximum extent permitted by law.

16. User Responsibility for Content

You are responsible for your User Content, your actions on the Service, and your compliance with this AGREEMENT and applicable law. If you are using the Service on behalf of an Organization, the Organization may have additional responsibilities under its MSA.

17. Export Controls and Sanctions

You may not use the Service in violation of export control or sanctions laws. You represent that you are not located in, under the control of, or a national/resident of any prohibited country or on any restricted party list.

18. Dispute Resolution; Arbitration (Where Enforceable)

18.1 Informal Resolution

Before filing a claim, you agree to attempt to resolve disputes informally by contacting IQ Harvest at legal@iqharvest.com.

18.2 Binding Arbitration

To the maximum extent permitted by applicable law, and where enforceable, any dispute arising out of or relating to this AGREEMENT will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Wilmington, Delaware.

18.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or bring an individual claim in small claims court.

18.4 Class Action Waiver

Disputes will be brought only in an individual capacity.

18.5 Venue

If arbitration is not enforceable, disputes will be resolved in state or federal courts located in New Castle County, Delaware.

19. Governing Law

This AGREEMENT is governed by the laws of the State of Delaware, excluding its conflict of law principles.

20. Changes to This AGREEMENT

We may update this AGREEMENT from time to time. If changes are material, we will provide notice. Continued use of the Service after the effective date constitutes acceptance of the updated AGREEMENT.

21. General

• Severability. If any provision is held invalid or unenforceable, the remainder will remain in effect.
• No Waiver. Failure to enforce a provision is not a waiver.
• Assignment. You may not assign this AGREEMENT; IQ Harvest may assign it in connection with a merger or sale.
• Force Majeure. Neither party is liable for delay or failure to perform due to causes beyond reasonable control.
• Entire Agreement. This AGREEMENT is the entire agreement between you and IQ Harvest regarding your use of the Service as an end user, except to the extent superseded by an MSA.

22. Contact

IQ Harvest, Inc.
300 West Coleman Blvd, Suite 201
Mount Pleasant, SC 29464
Legal: legal@iqharvest.com
Privacy: privacy@iqharvest.com

Appendix A — EEA/UK/Switzerland Addendum (GDPR / UK GDPR)

This Appendix A applies only to the extent Personal Data processed in connection with the Service is subject to the EU General Data Protection Regulation (“GDPR”) and/or the UK GDPR.

A1. Roles: Controller vs. Processor

Workspace Data (typically Processor). Where your Organization uses a Workspace, the Organization is typically the Controller and IQ Harvest acts as a Processor.

Account / Security Data (typically Controller). IQ Harvest may act as a Controller for certain Personal Data it processes to operate the Service and secure accounts.

A2. Processing Instructions

If IQ Harvest acts as a Processor for Workspace data, IQ Harvest will process such data only to provide, secure, and support the Service and Workspace in accordance with the Organization’s documented instructions.

A3. Data Subject Requests (DSARs)

Requests regarding Workspace Data should be directed to your Organization. Requests about IQ Harvest-controlled account/security data may be submitted to privacy@iqharvest.com.

A4. International Transfers

If Personal Data is transferred from the EEA/UK/Switzerland to countries not deemed to provide adequate protection, IQ Harvest will implement appropriate safeguards (e.g., EU SCCs).

A5. Subprocessors and ThirdParty Administrators

IQ Harvest may use subprocessors to assist in delivering the Service. Your Organization may also authorize ThirdParty Administrators to access the Workspace.

A6. Security Measures

IQ Harvest will implement appropriate technical and organizational measures designed to protect Personal Data.

A7. Retention and Deletion

Workspace Data retention is typically determined by the Organization. IQ Harvest may retain Deidentified Data and Aggregated Data for legitimate business purposes.

A8. Supervisory Authority

If you are in the EEA/UK/Switzerland, you may have the right to lodge a complaint with your local supervisory authority.