HARD CALL TERMS OF SERVICE
Last Updated: 05/26/2026
Acceptance
Please read these Terms of Service carefully before you start to use hardcall.com.
By accessing or using Hard Call’s services, creating an account, initiating or responding to a message, or by clicking to accept or agree to these Terms of Service where such option is made available, these Hard Call Terms of Service become a binding legal commitment between you and Hard Call. You are accepting and agreeing to be bound and abide by these Terms of Service, our Acceptable Use Policy and our Privacy Policy If you do not agree to these Terms of Service, Acceptable Use Policy or the Privacy Policy, you must not access or use the hardcall.com Website or Hard Call’s services.
If you are a Visitor (defined below), collection of anonymous user behavior is subject to Hard Call’s Privacy Policy and Cookie Policy.
These Terms of Service (“Terms,” “Terms of Service,” or “ToS”) are entered into by and between you and Hard Call, LLC, a limited liability corporation incorporated in the Commonwealth of Massachusetts (“Hard Call,” “Company,” “we,” or “us”). The following terms and conditions, govern your access to and use of hardcall.com (“Website” or “Site”) and any content, functionality, or services (“Services”) offered on or through the Website, whether as a “Client" (a person using the Website and paying for Services) or “Visitor” (a person visiting the Website who has not paid for a Service, including “Recipients” (people who have received messages through one of the Services)).
Eligibility and User Representations
The Hard Call Website and Services are offered and available to users who are 18 years of age or older and reside in the United States. By using the Website or Services, you affirm and agree that you and anyone you may contact using the Website and/or Services are at least 18 years of age
Any information you provide to Hard Call in connection with your Account (defined below) and use of the Services is accurate, complete, and current, and you will promptly update such information as necessary to maintain its accuracy.
If you are entering into this agreement on behalf of a legal entity, you represent and warrant that you have authority to bind that entity to these Terms. References to "you," “your,” and "User" shall refer to that entity. In such instances, the Client is the natural person sending a message or messages, is bound by these Terms, and meets all of the foregoing eligibility requirements.
By using this Website or Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website or Services.
Changes to the Terms of Service
We may revise these Terms of Service at any time in our sole discretion and will post the revised version on this page. If material changes are made (meaning changes that reduce your rights or increase your obligations), Hard Call will provide you with prior notice, such as sending an email or providing notice on the Website. Your continued use of the Services following the posting of updated Terms constitutes your acceptance of the changes. If you do not agree to the changes, you must stop using the Services and, where applicable, cancel any subscriptions in accordance with the Refund and Billing Policy.
Description of Hard Call’s Services and Role
Hard Call provides a human-centered communication-processing platform designed to help Clients craft, refine, and deliver sensitive messages, and to review, moderate, and, where appropriate, sanitize or withhold Recipient responses, with the goal of reducing escalation and protecting Clients from harmful replies.
The Services may include, without limitation: (a) tools for Clients to submit draft messages; (b) Hard Call Editor review and refinement of messages (where “Editor” means an authorized professional engaged by Hard Call to review, refine, moderate, or block messages in accordance with Hard Call’s policies and internal guidelines, while remaining anonymous to Clients and Recipients); (c) controlled delivery of messages to Recipients; (d) controlled handling and moderation of Recipient replies; (e) anonymization or pseudonymization of identifying information where permitted; and (f) analytics, logging, and reporting used internally for safety, compliance, and service improvement.
Hard Call operates as an intermediary and communication-processing platform. Hard Call does not act as a party to the underlying personal, professional, or legal dispute between Users, does not provide legal, medical, or mental health treatment advice through the Services, and does not guarantee any particular outcome in the underlying relationship or dispute.
Hard Call retains discretion to refuse to transmit, modify, or remove “Content” (defined as all text, data, communications, information, feedback, scripts, and other material submitted, generated, transmitted, or displayed through or in connection with the Services by any User, including Client messages, Recipient replies, and any derivatives thereof created through the Services) that violates these Terms, the Acceptable Use Policy, or applicable law.
Hard Call is not a law enforcement agency, emergency service, or crisis-response provider. Users experiencing an emergency or acute mental health crisis must contact local emergency services, crisis hotlines, or medical professionals directly.
Registration, Security, and Authentication; Accounts
To access certain features of the Services, you may be required to provide registration information, including name, contact details and payment details. In some instances, your employer may provide you with an access code. The Service(s) you access and method by which you access them are collectively referred to as your “Account.”
You are responsible for maintaining the security and confidentiality of your Account, any credentials you may have, and for all Hard Call activities that occur under your Account. You shall promptly notify Hard Call at INFO@HARDCALL.COM of any suspected unauthorized access, security breach, or compromise of your Account or credentials.
Hard Call may implement multi-factor authentication, IP or device checks, or other verification mechanisms to protect Accounts and the Services. You agree to cooperate with reasonable authentication steps required to verify your identity or authorization before Hard Call processes certain requests, including changes to billing, access to sensitive data, or Account closure.
Acceptable Use
Your use of the Services is subject to the Acceptable Use Policy, which is incorporated by reference into these Terms. In the event of any conflict between this Section and the Acceptable Use Policy, the Acceptable Use Policy shall control.
Hard Call may investigate and take appropriate action (including suspending or terminating Accounts, blocking messages, or notifying authorities) in response to suspected violations of the Acceptable Use Policy or of these Terms.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Payment, Billing and Refunds
Your use of the Services is subject to the Payment, Billing and Refund Policy, which is incorporated by reference into these Terms.
Intellectual Property Rights
The Services, Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes (when allowed).
You shall not, and shall not permit any third party to, copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or components of the Services, except to the extent that such restrictions are prohibited by applicable law.
If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant Hard Call a perpetual, irrevocable, worldwide, royalty-free license to use such Feedback for any lawful purpose, including to improve the Services, without compensation or attribution to you.
Third-Party Links
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites, you do so entirely at your own risk and are subject to the terms and conditions of those websites.
Suspension and Termination
Hard Call may suspend or terminate your Account or access to the Services, in whole or in part, where Hard Call believes in good faith that: (a) you have violated these Terms or the policies referenced herein; (b) your use of the Services poses a safety, security, or legal risk; (c) your account is associated with fraud, misuse, or unpaid Fees; or (d) suspension or termination is required by law, court order, or regulatory directive.
You may terminate your Account or stop using the Services at any time, subject to any payment obligations.
Upon termination, your right to access and use the Services ceases. Hard Call may retain and process certain data associated with your Account as required by applicable law, including for legal, safety, and recordkeeping purposes.
Sections of these Terms will survive termination, including intellectual property provisions, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.
Disclaimers of Warranties
Hard Call provides the Website and the Services "as is" and "as available," without warranties of any kind. Hard Call does not warrant that the Services will be uninterrupted, secure, error-free, or free of harmful components. Without limiting this, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, regarding the
Website and the Service including any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
We do not warrant that communications processed through the Services will achieve any particular outcome in the underlying personal or professional relationships between Clients and Recipients.
Hard Call does not provide, and the Services do not constitute, any professional advice including but not limited to: legal, medical, psychotherapy, mental health, interpersonal relationships, or any regulated professional services.
Limitation of Liability
To the fullest extent permitted by law, in no event will Hard Call, its affiliates, or their licensors, service providers, officers, directors, employees, contractors, or agents be liable for damages of any kind, under any legal theory, arising out of or relating to your access to or use of, or inability to access or use, the Services or the Website, or any websites linked to it. This includes but is not limited to personal injury, pain and suffering, emotional distress, indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or other intangible losses, , whether based on contract, tort, or any other legal theory, even if foreseeable or Hard Call has been advised of the possibility of such damages.
Hard Call and its affiliates will not be liable to you in connection with this contract for any amount that exceeds: (a) the total amount of fees you paid to Hard Call for the Services giving rise to the claim during the twelve (12) months preceding the event; or (b) one hundred U.S. dollars (USD $100).
To the extent that Applicable Law does not permit particular limitations, such limitations shall apply to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Hard Call, its affiliates, officers, directors, employees, contractors, and agents from and against any claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your Content or messages; (c) your violation of these Terms, the Policies, or Applicable Law; or (d) your infringement or misappropriation of any third-party rights.
Hard Call reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Hard Call in the defense and settlement of such matter.
You shall not settle any claim that imposes an obligation on Hard Call, involves an admission of fault by Hard Call, or otherwise adversely affects Hard Call’s rights or interests without Hard Call’s prior written consent.
Dispute Resolution and Arbitration
Any controversy or dispute which may arise between you and Hard Call concerning any transaction under, or the performance or breach of, these ToS may, upon agreement by both parties, be settled by arbitration in accordance with the rules of the American Arbitration Association (“AAA”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction.
Nothing in these Terms prevents either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights.
Governing Law and Jurisdiction
You and Hard Call agree that all matters relating to these Terms, the Website, Services, and any dispute or claim arising between you and Us are governed by laws of the Commonwealth of Massachusetts and the United States, without regard to conflict of law rules.
Judicial proceedings (other than small claims actions) that are excluded from the Arbitration agreement (see above) must be brought in state or federal court in Boston, Massachusetts. You and We both consent to venue and personal jurisdiction in Boston, Massachusetts.
Accessibility The complete Accessibility and ADA Compliance Policy may be found here.
If you encounter accessibility barriers when using the Services, contact us so we can investigate and address the issue where possible:
Hard Call LLD
Attn: Accessibility
Two Lowell Avenue
Winchester, MA 01890
Notices and Communications
Hard Call may communicate with you via email, in-Service notifications, or by posting updates on its websites. You agree that such electronic communications satisfy any legal requirement that communications be in writing.
You are responsible for maintaining accurate contact information in your Account and for regularly reviewing communications from Hard Call. Notices sent to your last known email address or provided in-Service will be deemed received when sent or made available.
Legal notices to Hard Call shall be sent in writing to Hard Call LLC at:
Hard Call LLC
Two Lowell Ave.
Attn: Legal and Compliance
Winchester, MA 01890
with a copy to legal@hardcall.com.
Entire Agreement
These Terms, together with the policies constitute the entire agreement between you and Hard Call regarding the Services and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral, relating to the subject matter hereof.
Assignment
You may not assign or transfer these Terms, or any rights or obligations under them, without Hard Call’s prior written consent. However, you agree that Hard Call may assign or transfer these Terms, in whole or in part, without your consent, including (but not limited to) in connection with a merger, acquisition, corporate reorganization, or sale of assets.
No Waiver
If Hard Call does not enforce a breach of this ToS, that does not mean that we have waived our rights to enforce these Terms. No waiver by Hard Call of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
Severability
If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Force Majeure
Hard Call shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, power outages, or internet failures, provided that the affected party uses reasonable efforts to mitigate the impact and resume performance as soon as practicable.
Independent Relationship
Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and Hard Call. No User is authorized to make any representation or commitment on behalf of Hard Call unless expressly authorized in writing.
Contact Information If you have questions or concerns about these Terms or the Services, you may contact us at: Hard Call LLC, TWO LOWELL AVENUE, WINCHESTER, MA 01890, Attn: Legal and Compliance, and INFO@HARDCALL.COM.