1. Definitions
- "Harmix" (also "We," "Us," or "Our") means Harmix Inc., a company registered under the laws of the State of Delaware, registration number 7127751, with its address at 300 Delaware Ave, Ste 210 #615, Wilmington, DE 19801, USA.
- "Harmix Platform" means Our website, available at harmix.ai and web.harmix.ai (also the "Website"), Our mobile application, available for download from the Google Play Store and the Apple App Store (also the "App"), Our ChatBot, and any in-application extension (plugin), together with each product made available through any of the foregoing.
- "Shieldy" (also the "Service") means the bill-negotiation service that is a product of Harmix, made available to Users at tryshieldy.io and forming part of the Harmix Platform and the Harmix A.I. services.
- "Harmix A.I. services" means the services provided by Harmix that are available on the Harmix Platform, including Shieldy.
- "User" (also "You" or "Your") means any natural person who uses the Harmix Platform.
- "Account" means a User's personal page on the Website or in the App.
2. Acceptance of Terms
These Terms and Conditions (this "Agreement") govern access to and use of Shieldy. By creating an Account, opening a case, or otherwise permitting Us to place a call or send a message on Your behalf, You agree to be bound by this Agreement and by the Privacy Policy, which is incorporated herein by reference. If You do not agree to these terms, You may not use the Service.
3. Eligibility and Accounts
You must be at least eighteen years of age to use the Service. You agree to provide accurate information and to maintain no more than one Account per person. You are responsible for all activity conducted through a session initiated on Your device, regardless of whether You authenticated using a password or a one-time email link.
4. Authorization Granted to Shieldy
By opening a case, You grant Us authority to act as Your agent for the limited purpose described in this Section. Shieldy may contact the provider identified in the case, identify itself as acting on Your behalf, disclose that it is an artificial intelligence system if asked directly, and negotiate using the facts and limits You have supplied.
- 4.1 The Ceiling. You shall specify, for each case, a target amount and a ceiling amount. Shieldy is not authorized to agree to, accept, or bind You to any amount exceeding the ceiling, under any circumstance, regardless of the arguments advanced by the counterparty.
- 4.2 Settlement Authority Within the Ceiling. Because a live telephone call requires an immediate response, Shieldy may accept a resolution on Your behalf, provided that the resolution does not exceed the applicable ceiling, without first obtaining Your approval of that specific offer. Every offer, and the call or message from which it arose, is recorded and made available in Your case export.
- 4.3 Non-Negotiable Terms. Any term You designate as non-negotiable is enforced with the same effect as the ceiling described in Section 4.1.
5. The Guarantee
The Service is offered at a price of $9.00 per week, billed weekly. If We undertake a case on Your behalf and the amount You owe is not reduced, We will pay You an amount calculated as set forth below, in addition to, and not in lieu of, any fees You have paid Us.
We will pay an amount equal to up to one month of the bill at issue, subject to a maximum of $75.00 per case. A case is deemed to have been undertaken once We have placed at least one call or sent at least one message to the provider identified in that case. Whether the amount owed was reduced is determined by reference to the provider's confirmed response, whether in writing or on a recorded call, and not by reference to any expectation You may have held before the case began.
Exclusions. The guarantee does not apply to: (a) a bill that was never submitted to Us, there being no negotiation capable of having failed; (b) a case cancelled before We make contact with the provider; or (c) a case in which the provider cannot be reached through any available channel, such a case not having been undertaken within the meaning of this Section.
Limitation to One Payment Per Case. Each case is subject to its own maximum of $75.00. Opening multiple cases against multiple bills gives rise to a separate maximum for each case; no aggregate or annual limit is thereby avoided or increased.
Procedure for Claims. To submit a claim under this guarantee, contact vitalii@tryshieldy.io and identify the relevant case. We will evaluate the claim against the case record and, if the claim is valid, remit payment using the method by which You were billed.
6. Payment and Cancellation
The price presented at checkout is the price charged to You, billed on a weekly basis until cancelled. You may cancel at any time from the billing screen within the Service; cancellation takes effect at the conclusion of the period already paid for, and not immediately upon request. This Agreement does not itself establish the price of the Service; the pricing set forth on the homepage and confirmed at Stripe's checkout controls.
7. Nature of the Service
Shieldy is not a law firm, and no communication from Shieldy constitutes legal advice. Where negotiation on behalf of another person implicates a regulated activity, including call recording consent, debt collection, or insurance, Shieldy is designed to apply the rule applicable to the relevant jurisdiction and to disclose which rule applies before placing a call. The foregoing describes the Service's intended operation and does not constitute a warranty that every jurisdiction has been surveyed. If You become aware of a jurisdiction in which this is not the case, please notify Us.
8. Suspension and Termination
You may cancel Your Account at any time. We may suspend or terminate an Account that grants Us false authority to negotiate, including with respect to a bill that is not Yours or a person You are not authorized to represent, that abuses the Service, or that fails to remain current on payment.
9. Limitation of Liability
We are not liable for the decisions of any provider with respect to a negotiation. Our liability to You under this Agreement is limited to compliance with the ceiling described in Section 4 and to satisfaction of the guarantee described in Section 5.
10. Governing Law
This Agreement is governed by the law of the State of Delaware, without regard to its conflict of laws principles.
11. Amendment
We may amend this Agreement from time to time. Any amendment will be reflected in the effective date set forth above, and We will notify You by email of any amendment We consider material.
12. Contact
Questions regarding this Agreement may be directed to vitalii@tryshieldy.io.