Terms of Service

These Terms of Service (“Agreement” or “Terms of Service”) are a legally binding agreement between you (the “User,” “you,” or “your”) and Clarify AI (“we,” “us,” “our”). You acknowledge and agree that your use of the Clarify AI platform (the “Platform”) through Clarify AI’s website at https://www.clarify-ai.com (the “Website”) will be governed by this Agreement, our Privacy Policy, and any related terms.

Your use of our Website or Platform shall constitute your acceptance of this Agreement and all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR WEBSITE OR PLATFORM.

INTRODUCTION TO Clarify AI AND OUR WEBSITE/PLATFORM

Clarify AI is a product designed to assist users in structuring their challenges through a variety of innovative applications of Large Language Models (LLMs), thereby generating pertinent and valuable outputs. This product serves as a central engine, fostering collaboration and alignment among all functional units by employing artificial intelligence to translate knowledge and requirements across disparate units.

ELIGIBILITY & ACCESS RESTRICTIONS

To be eligible to use our Website or Platform, you represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website or Platform, or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our Website or Platform for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website or Platform.

SERVICE LICENSE

We grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website or Platform to access, stream, download, and use on your device our Website or Platform and content made available in or otherwise accessible through our Website or Platform, strictly in accordance with this Agreement.

ACCESS AND SERVICE RESTRICTIONS

You agree that our Platform, including but not limited to the Website, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Clarify AI and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such materials other than for your permitted use of our Platform or in any manner inconsistent with the terms contained in this Agreement.

USE OF LOGO

By entering this Agreement, you grant Clarify AI permission to use your name and logo in our customer lists and marketing materials. Clarify AI agrees to discontinue the use of any name or logo upon the termination of this Agreement or your written request with five (5) day notice.

RESERVATION OF RIGHTS

Nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets, or other proprietary rights in or relating to our Website or Platform. Clarify AI and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

ACCESS RIGHTS

You can access and use our Website at https://www.clarify-ai.com/. When downloading and using our Platform, you are required to provide us with registration information, including personal information. You agree that we have the right to disable your access and use rights at any time if you have violated any provision of this Agreement and/or our Privacy Policy. You agree to cooperate with us if the security of our Website or Platform is compromised by you or another person through the use of our Website or Platform. We will not be liable for any loss or damage arising from your failure to comply with this Section.

We collect personal and business information, which we need, from you when you register to use our Website or Platform. This information is necessary for us to provide our Website or Platform to you and is stored on our servers to enable us to continue to provide our Website or Platform to you. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within thirty (30) days of receiving your request. Also, upon your prior written request, we will delete any such information within thirty (30) days of receiving your request. Notwithstanding, please note that if you ask us to delete all such information, we will not be able to continue to provide our Website or Platform to you. Please send your requests to us at charifychat@gmail.com.

CONFIDENTIALITY

The parties to this Agreement agree that each shall treat as confidential all information provided by a party to the others regarding such party’s business and operations. All confidential information provided by a party shall be used by any other parties solely for the purposes of rendering services pursuant to this Agreement and, except as may be required in carrying out the terms of this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not apply to any information that is publicly available when provided or which after that becomes publicly available or which is required to be disclosed by any regulatory authority in the lawful and appropriate exercise of its jurisdiction over a party, any auditor of the parties hereto, by judicial or administrative process or otherwise by applicable law or regulation. Both parties agree to comply with all laws, rules, regulations, and ordinances relating to privacy, confidentiality, security, data security, and the handling of customer information, which may be established from time to time.

PROHIBITED CONDUCT

You shall not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website or Platform (excluding any user content); reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website or Platform, or any part thereof; utilize information, content or any data you view on and/or obtain from our Website or Platform to provide any service that is competitive with us; adapt, modify, or create derivative works based on our Website or Platform; rent, lease, loan, trade, sell/re-sell access to our Website or Platform or any information therein, or the equivalent, in whole or part; access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications; use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website; attempt to or actually access our Website or Platform by any means other than through the interface provided by Clarify AI; attempt to or actually override any security component included in or underlying our Website or Platform; engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses; remove any copyright, trademark, or other proprietary rights notices contained in or on our Website or Platform, including those of both Clarify AI or any of our licensors; or engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.

Clarify AI COMMUNICATIONS

You hereby consent to receive communications via email, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees. You also agree that you are solely responsible for such charges and fees, not Clarify AI.

PAYMENT

Our Website and Platform are currently provided to you at no annual cost. As part of this Terms of Service, you agree to comply with the most recent version of our Pricing Terms, which are incorporated by reference into these Terms of Service. If we modify the pricing in the future, we will communicate such modifications to you.

THIRD-PARTY PAYMENT PROCESSORS

Payments processed via the Clarify AI Platform by third-party payment processors (such as Stripe) are subject to the terms of use and privacy policies of those payment gateways and are not accessible or controlled by Clarify AI. For payments processed via third-party payment processors, we may receive information related to your payment card type and last four digits, postal code, country of origin, and payment expiration date. We recommend reviewing the third-party payment processor"s Privacy Policy for additional information.

INDEMNIFICATION

By using the Clarify AI website, you agree to indemnify and hold harmless the individuals and entities associated with the Clarify AI website from any claim or demand made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

LIMITATION OF LIABILITY

By using the Clarify AI website, you agree that the individuals and entities associated with the Clarify AI website will not be liable for any indirect, incidental, or consequential damages resulting from your use or inability to use the website.

TERMINATION

You may stop using the Clarify AI website at any time. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice.

COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.

Your physical or electronic signature;

Identification of the copyrighted work(s) that you claim to have been infringed;

Identification of the material on our Website or Platform that you claim is infringing and that you request us to remove;

Sufficient information to permit us to locate such material;

Your address, telephone number, and email address;

A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Clarify AI’s Copyright Agent to receive DMCA Takedown Notices is at clarifychat@gmail.com. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Clarify AI in connection with the written notification and allegation of copyright infringement.

GOVERNING LAW

This Agreement shall be governed by the law of the State of Delaware, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 17.

MISCELLANEOUS

These Terms of Service constitute the entire understanding between you and the Clarify AI website. Any failure to enforce a provision of these Terms of Service does not constitute a waiver. If any provision is found unenforceable, the remaining provisions of the Terms of Service will remain in full effect.