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The agreement requires Harvey to provide at least 15 days advance notice for material term updates, with exceptions for non-material changes, new feature terms, and legally required updates. Harvey is prohibited from unilaterally modifying terms relating to Confidential Information, Customer Data, Customer Content, or security without written customer authorization. Customers who consider an update negatively impactful have 15 days to raise the issue, and if unresolved, may terminate with 3 business days notice and receive a refund of prepaid unused fees.
This analysis describes what Harvey AI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes procedural constraints on Harvey's unilateral modification authority and creates a contractual termination right tied to adverse term changes. The absolute restriction on unilaterally modifying confidentiality, data, and security provisions without written authorization is a defined limit on Harvey's update authority that differs from a standard unilateral modification clause.
Under this clause, customers receive a 15-day notice period before most material term updates take effect, and retain a termination right with prepaid fee refund if they cannot resolve concerns about an adverse update. The terms authorize Harvey to make non-material changes, new feature updates, and legally required changes without the 15-day notice requirement.
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"Other than for updates that (i) in Harvey's reasonable judgement, are non-material, (ii) relate to new functionality and Preview Features, or (iii) are required by applicable law, Harvey will provide notice of any update at least 15 days in advance of the update being posted. Notwithstanding Sections 1.3 and 1.3.1 above, in no event may Harvey update such Terms in a way that detracts from its obligations as agreed to in this Agreement with respect to Confidential Information, Customer Data, Customer Content, or security, without express written authorization from You. If Harvey updates the Terms pursuant to this Section 1.3 in a manner that You reasonably consider negatively impacts You, You have 15 days after notification or posting of such update to bring such matter to our attention. If we are unable to resolve Your issue (including by reverting You to our prior language for the balance of Your operative order form) within 15 days of You bringing such issue to our attention, You may terminate this Agreement and any operative order form upon 3 business days' notice (and Harvey will refund to You any prepaid unused Fees for the applicable Service).Excerpt from Harvey AI's Terms of Service
(1) REGULATORY LANDSCAPE: Unilateral contract modification practices engage general commercial contract law and, for consumer-facing contexts, applicable consumer protection statutes. For enterprise B2B agreements, the 15-day notice provision aligns with standard commercial SaaS practices but the absolute prohibition on modifying confidentiality and security terms without written consent is a more protective provision. GDPR and UK GDPR require lawful basis for processing and any material changes to processing purposes may require updated consent or legitimate interests assessments. (2) GOVERNANCE EXPOSURE: Low. The provision's structure generally protects customer interests by restricting the most sensitive update categories. The exception for non-material changes determined by Harvey's reasonable judgment introduces some interpretive flexibility that contracting parties may wish to address through specific definitions in their order forms. (3) JURISDICTION FLAGS: Customers in EU member states may have additional statutory protections against unilateral contract modifications under applicable national law, independent of this provision. UK customers are subject to the Unfair Contract Terms Act 1977 and related legislation, which may affect the enforceability of broadly framed modification rights. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should ensure that order forms reference the specific version of the Agreement applicable to their engagement, as the mechanism for reverting to prior language during an operative order form term has practical value for multi-year contracts. The 15-day response window for raising concerns should be integrated into contract monitoring workflows. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should establish a process for reviewing Harvey's term update notifications within the 15-day window, particularly for any updates that may affect data processing obligations, security standards, or confidentiality commitments that are subject to the absolute modification prohibition.
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This provision establishes procedural constraints on Harvey's unilateral modification authority and creates a contractual termination right tied to adverse term changes. The absolute restriction on unilaterally modifying confidentiality, data, and security provisions without written authorization is a defined limit on Harvey's update authority that differs from a standard unilateral modification clause.
Under this clause, customers receive a 15-day notice period before most material term updates take effect, and retain a termination right with prepaid fee refund if they cannot resolve concerns about an adverse update. The terms authorize Harvey to make non-material changes, new feature updates, and legally required changes without the 15-day notice requirement.
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