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.
• Third-Party 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 Third-Party Content.
• Survey Responses means information you submit through surveys, questionnaires, prompts, or forms within the Service.
• Third-Party Content means content provided by third parties (including news, articles, links, feeds, and external websites) accessible via the Service.
• IQ Harvest Content means policy templates, sample and library policy statements, descriptors, knowledge-check questions and designated answers, jurisdiction/industry/language tags, and similar content authored or curated by IQ Harvest and made available within 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.
• Professional Services means implementation, onboarding, training, workshops, AI policy assistance, use case harvesting, prompt engineering, automation engineering, fractional AI Director services, and other consulting or professional services provided by IQ Harvest under an applicable organizational agreement, order form, statement of work, or similar written agreement.

2. Relationship to Organizational Agreements; Professional Services

2.1 Organizational Agreement May Apply

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

2.2 Order of Precedence

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

2.3 Professional Services and SOWs

Professional Services are provided only if separately agreed in an applicable Organizational Agreement, order form, statement of work, or similar written agreement. Unless expressly stated in such written agreement, IQ Harvest personnel do not act as your Organization’s officer, director, employee, legal counsel, compliance officer, HR decision-maker, security officer, or final approver of your Organization’s policies, tool classifications, automations, or business decisions.

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 Third-Party 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 Third-Party Administrator.

5.2 Third-Party Administration (Including MSPs)

Your Organization may authorize a Third-Party 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 Third-Party 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, policy sign-off and attestation records, knowledge-check results, 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 Third-Party Administrators may be able to view Survey Responses in an identifiable form.

Policy sign-offs are not anonymous. Policy acknowledgments, AI policy sign-offs, knowledge-check answers, scores, pass/fail status, attempt counts, timestamps, policy version identifiers, checksums, and related attestation records are recorded against the applicable user’s identity for audit and recordkeeping purposes. Administrators and authorized Third-Party Administrators may be able to view these records by name, depending on Workspace permissions and the Organization’s policies.

5.4 No Responsibility for Administrative Decisions

IQ Harvest is not responsible for the Organization’s or any Third-Party 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, Benchmarking, and Policy Content (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.

6.4 First-Party Policy Content; No Warranty by Name or Description

All policy templates, sample and library policy statements, knowledge-check questions and designated answers, and other content authored or supplied by IQ Harvest (“IQ Harvest Content”), including any content labeled, titled, or tagged “AI Acceptable Use & Compliance Policy,” “Compliance Policy,” “Essentials,” “Healthcare & Regulated,” or “Comprehensive,” or tagged by industry, sector, jurisdiction, or regulatory regime, is provided as a configurable, informational starting point only. Such names, labels, descriptors, and tags are identifiers for organizing content; they do not describe the goods, are not affirmations of fact, promises, or descriptions under UCC § 2-313, and are not a representation, certification, or warranty that any content is accurate, complete, current, or adequate for, or achieves or ensures compliance with, any law, regulation, or regulatory regime (including HIPAA, GLBA, GDPR, the EU AI Act, or sector-specific rules) or any jurisdiction or industry. IQ Harvest is a software vendor, not a law firm, and provides no legal, compliance, or HR advice and no jurisdiction- or industry-specific legal determinations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IQ HARVEST DISCLAIMS, WITH RESPECT TO ALL IQ HARVEST CONTENT, ANY EXPRESS WARRANTY BY DESCRIPTION (UCC § 2-313) AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (UCC § 2-315); the Organization is not relying on IQ Harvest’s skill or judgment to select or furnish content suitable for its particular compliance purpose. The Organization is solely responsible for reviewing, customizing, and approving all IQ Harvest Content with its own qualified legal counsel before adopting, publishing, deploying, or collecting employee sign-offs, and for the legal sufficiency and enforceability of any policy it adopts and of the resulting attestations. Upon adoption or customization, IQ Harvest Content becomes the Organization’s own internal policy and is treated as the Organization’s User Content under Section 8.4 and Section 16. IQ Harvest acts solely as a neutral system-of-record; its recording of an attestation establishes only that a sign-off occurred against a content version and checksum and is not a warranty of the legal enforceability, validity, evidentiary admissibility, or sufficiency-of-assent of any policy, attestation, signature, version snapshot, or audit record.

6.5 Configurable Defaults and Tool Classifications

The Service may include default settings, suggested workflows, sample approved/banned tool classifications, template survey language, sample policy statements, or other enablement materials. These defaults are configurable starting points only. Your Organization is responsible for reviewing, approving, modifying, adopting, enforcing, and maintaining its own policies, tool classifications, governance decisions, and compliance positions.

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 Organizational Agreement.

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, Customer-identified Customer Data, or Organization-identified Survey Responses to train general-purpose models. Deidentified Data and Aggregated Data used for these purposes is not intended to identify a Customer, Organization, End Customer, Workspace, or individual.

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. IQ Harvest Content (including AI Compliance Policy templates and statements) is likewise provided “as is” and is not warranted to be safe, compliant, or accurate.

9. Third-Party News and External Links

9.1 Third-Party Content

The Service may display or link to Third-Party Content.

9.2 Not Publisher; No Endorsement

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

9.3 Third-Party Terms

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

9.4 No Critical Reliance

Do not rely on Third-Party Content for legal, compliance, security, financial, HR, or safety decisions. The same applies to IQ Harvest Content, including the AI Compliance Policy templates, statements, and knowledge-check questions.

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 regulated or highly sensitive data (including PHI, payment card data, government IDs, controlled unclassified information (CUI), classified information, student education records, children’s data, biometric data, or special-category data) unless expressly authorized in an applicable Organizational Agreement, order form, statement of work, data processing addendum, or other written agreement with IQ Harvest

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.

11.3 Organizational Data Protection Terms

For Organization-managed Workspaces, processing of Workspace data may also be governed by a data processing addendum or other data protection terms between IQ Harvest and the Organization, or between IQ Harvest and an authorized partner or Third-Party Administrator acting on the Organization’s behalf.

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 IQ HARVEST CONTENT, COMMUNITY CONTENT, AND THIRD-PARTY 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 ORGANIZATIONAL AGREEMENT; if no Organizational Agreement 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.

15.4 Application to All Claims; Savings; Free Tier

The exclusions in Section 15.1 and the limitations in Section 15.2 apply to all claims and all theories of liability, whether in contract, tort (including negligence and any professional-negligence or negligent-undertaking theory), strict liability, statute, or otherwise, including any claim arising from IQ Harvest Content or the AI Compliance Policy and attestation functionality, in each case to the maximum extent permitted by applicable law. If any portion of Section 15.1 or Section 15.2 is held unenforceable under the mandatory law of a jurisdiction (including the European Union), that holding applies only to the extent and in the jurisdiction required, and all remaining limitations and exclusions remain in full force. The AI Compliance Policy and attestation functionality is not available under the Free Tier.

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 Organizational Agreement.

17. Indemnification

17.1 Customer Indemnity

The Organization (and any Third-Party Administrator acting on its behalf) shall defend, indemnify, and hold harmless IQ Harvest and its officers, employees, and agents from and against any third-party, governmental, or regulatory claim, demand, action, or proceeding, and all resulting losses, liabilities, damages, penalties, and reasonable attorneys’ fees and defense costs, arising out of or relating to: (a) the Organization’s adoption, customization, publication, deployment, enforcement of, or reliance on any AI Compliance Policy or other content built from IQ Harvest Content; (b) the Organization’s collection, use, retention, or disclosure of any attestation, sign-off, or audit record; (c) any employment, disciplinary, eligibility, or other decision the Organization makes based on policy adoption, sign-off, or knowledge-check results; or (d) the Organization’s failure to have such content reviewed and customized by its own legal counsel before adoption. This obligation applies regardless of whether the underlying templates or statements were authored by IQ Harvest, and survives termination.

17.2 Procedure

IQ Harvest will promptly notify the Organization of any claim subject to this Section and may participate in its defense with its own counsel at its own expense. This Section is in addition to, and not limited by, the limitations of liability in Section 15.

18. 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.

19. Dispute Resolution; Arbitration (Where Enforceable)

19.1 Informal Resolution

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

19.2 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.

19.3 Exceptions

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

19.4 Class Action Waiver

Disputes will be brought only in an individual capacity.

19.5 Venue

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

20. Governing Law

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

21. 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.

22. 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 Organizational Agreement.

23. 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 Third-Party Administrators

IQ Harvest may use subprocessors to assist in delivering the Service. Your Organization may also authorize Third-Party 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.