Clear AI Marketing - Terms of Service
Effective Date: October 26, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Clear AI Marketing ("Clear AI Marketing," "we," "us," or "our"), governing your access to and use of the clearaimarketing.com website and any related services, content, features, applications, or products offered by Clear AI Marketing (collectively, the "Services").
By accessing, browsing, or utilizing the Services, you signify your unreserved acceptance of and agreement to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any portion of these Terms, you are expressly prohibited from using or accessing the Services.
1. Agreement to Terms
1.1. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Services.
1.2. By registering for an account, accessing any part of the website, or utilizing any of our Services, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Services Provided
2.1. Clear AI Marketing specializes in providing advanced AI-driven marketing solutions, including but not limited to strategy development, content generation, data analytics, campaign management, and consultation services designed to enhance the digital presence and marketing effectiveness of businesses. The scope and specific features of the Services provided may vary based on your selected service package or individual agreement.
3. User Obligations and Acceptable Use
3.1. You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Services.
3.2. You warrant that all information you provide to Clear AI Marketing is accurate, complete, and current. You agree to maintain and promptly update your account information to keep it accurate and complete.
3.3. Prohibited activities include, but are not limited to: a. Engaging in any illegal, fraudulent, or unauthorized activities. b. Transmitting any material that is defamatory, obscene, offensive, or otherwise objectionable. c. Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services. d. Uploading or distributing viruses, worms, or any other malicious code. e. Infringing upon the intellectual property rights of Clear AI Marketing or any third party. f. Collecting or harvesting any personally identifiable information from the Services without explicit consent. g. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. h. Using the Services for unsolicited advertising, spamming, or other unauthorized solicitations.
4. Intellectual Property Rights
4.1. The Services and all content, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof, are owned by Clear AI Marketing, 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.
4.2. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as generally permitted for the intended functionality of the Services or with prior written consent from Clear AI Marketing.
4.3. All trademarks, service marks, logos, and trade names used on the Services are proprietary to Clear AI Marketing or their respective owners. You may not use such marks without the prior written permission of Clear AI Marketing or the appropriate owner.
5. Disclaimers
5.1. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CLEAR AI MARKETING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
5.2. CLEAR AI MARKETING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5.3. CLEAR AI MARKETING DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF ITS SERVICES, INCLUDING BUT NOT LIMITED TO ANY PARTICULAR LEVEL OF MARKETING PERFORMANCE, SALES INCREASES, OR RETURN ON INVESTMENT. YOUR USE OF THE SERVICES AND ANY CONTENT OBTAINED THROUGH THE SERVICES IS AT YOUR OWN SOLE RISK.
6. Limitation of Liability
6.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEAR AI MARKETING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
6.2. IN NO EVENT SHALL CLEAR AI MARKETING'S CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CLEAR AI MARKETING FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED US DOLLARS ($100.00), WHICHEVER IS LESS.
7. Indemnification
7.1. You agree to defend, indemnify, and hold harmless Clear AI Marketing, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
8. Termination
8.1. Clear AI Marketing may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
8.2. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
8.3. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law
9.1. These Terms shall be governed and construed in accordance with the laws of the jurisdiction where Clear AI Marketing is incorporated, without regard to its conflict of law provisions.
10. Changes to Terms
10.1. Clear AI Marketing reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
10.2. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
11. Contact Information
11.1. Should you have any questions or concerns regarding these Terms of Service, please contact us at: [email protected]