The agreement
These Terms of Service ("Terms") govern your access to and use of the Clearlinks software, services, and websites ("Services"), operated by Clearlinks, Inc. ("Clearlinks", "we", "us"). By accessing the Services you agree to be bound by these Terms.
If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization. The term "Customer" refers to that organization; the term "you" refers to the individual person accepting.
Your account
To use most of the Services you must register for an account. You are responsible for safeguarding your credentials and for all activity conducted under your account. Notify us promptly of any unauthorized use.
You must be at least 18 years old, or the age of majority in your jurisdiction, to register. Educational use by minors must be administered by a school or guardian.
Permitted use
You may use the Services solely as described in these Terms and your Order Form. You agree not to:
- Reverse engineer, decompile, or extract source code from the Services;
- Use the Services to build a competing product;
- Access the Services to benchmark performance for publication without our written consent;
- Upload content you do not have the right to process;
- Use the Services to violate any law, regulation, or third-party right.
Customer content
You retain all rights to the documents, sites, video, and other material you submit to the Services ("Customer Content"). You grant Clearlinks a worldwide, non-exclusive license to host, process, and transmit Customer Content solely to provide the Services and as authorized by you.
We do not use Customer Content to train any model, ours or any third party's. We do not sell or share Customer Content with advertisers.
Fees and payment
Fees are set out in the Order Form. Unless otherwise stated, fees are due net 30 from the invoice date. Late amounts accrue interest at the lesser of 1.5% per month or the maximum allowed by law.
You are responsible for any taxes other than those based on Clearlinks's net income.
Term and termination
These Terms remain in effect for the term set out in your Order Form and renew automatically for like terms unless either party gives notice of non-renewal at least 30 days before the end of the current term.
Either party may terminate for material breach uncured for 30 days after written notice. Upon termination, your right to access the Services ends and we will, upon request, return or delete Customer Content as set out in the DPA.
Warranties and disclaimers
We warrant that the Services will materially conform to the documentation. Your exclusive remedy for breach of this warranty is our re-performance of the affected Service or a pro-rata refund.
Except as expressly stated, the Services are provided "as is". We disclaim all implied warranties to the maximum extent permitted by law, including merchantability and fitness for a particular purpose.
Limitation of liability
Except for breach of confidentiality or indemnification obligations, each party's aggregate liability arising out of these Terms is limited to the fees paid to Clearlinks in the 12 months preceding the claim. Neither party is liable for indirect, incidental, consequential, or punitive damages.
Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws provisions. Any dispute will be brought in the state or federal courts located in Wilmington, Delaware.
Changes to these Terms
We may update these Terms from time to time. If a change is material, we will give you at least 30 days' notice (typically via the dashboard or your account email). Continued use of the Services after the effective date constitutes acceptance.