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Terms of Service

Last updated: November 5, 2024

Agreement to Terms

Welcome to Clearly.sh. These Terms of Service ("Terms") govern your access to and use of our AI-powered content planning platform, including our website, applications, and services (collectively, the "Service").

By accessing or using Clearly.sh, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

Eligibility

You must meet the following requirements to use Clearly.sh:

  • You must be at least 13 years old
  • You must provide accurate and complete registration information
  • You must not be prohibited from using the Service under applicable law
  • You must comply with all local laws regarding online conduct and content

If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

Account Registration and Security

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use of your account
  • Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

Service Description

Clearly.sh provides an AI-powered content planning platform for creators, including:

  • Voice-powered project management and task creation
  • AI-generated content suggestions and planning assistance
  • Content calendar and workflow automation
  • Script generation and video planning tools
  • Analytics and performance tracking

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable if any part of the Service is unavailable.

User Content and Ownership

Your Content

You retain all ownership rights to the content you create, upload, or submit through Clearly.sh ("User Content"). By submitting User Content, you grant us:

  • A worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely to provide and improve the Service
  • The right to use anonymized, aggregated data derived from your User Content for analytics and AI training
  • The right to display your User Content as necessary to provide the Service

Content Responsibility

You are solely responsible for your User Content and represent that:

  • You own or have the necessary rights to share the content
  • Your content does not violate any third-party rights (copyright, trademark, privacy, etc.)
  • Your content complies with all applicable laws and these Terms
  • Your content does not contain viruses, malware, or harmful code

AI-Generated Content

Content generated by our AI features is provided to you as a tool for creation. You are responsible for reviewing, editing, and ensuring the appropriateness of any AI-generated content before publishing or using it. We do not guarantee the accuracy, completeness, or originality of AI-generated content.

Prohibited Conduct

You agree not to:

  • Violate any laws, regulations, or third-party rights
  • Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or hateful
  • Impersonate any person or entity, or falsely represent your affiliation
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any portion of the Service
  • Use automated scripts, bots, or scraping tools without permission
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Transmit spam, chain letters, or unsolicited communications
  • Upload viruses, malware, or any other malicious code
  • Use the Service to train competing AI models or services
  • Resell, redistribute, or sublicense access to the Service
  • Remove or modify any copyright, trademark, or proprietary notices

Subscription and Billing

Paid Plans

Clearly.sh offers both free and paid subscription plans. By subscribing to a paid plan:

  • You agree to pay all fees associated with your chosen plan
  • Subscription fees are billed in advance on a recurring basis (monthly or annually)
  • All fees are non-refundable except as required by law
  • You authorize us to charge your payment method for all fees

Price Changes

We reserve the right to change our prices at any time. Price changes will:

  • Be communicated to you at least 30 days in advance
  • Apply to your next billing cycle
  • Allow you to cancel before the change takes effect

Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access to paid features until the end of your current billing period. No refunds will be issued for partial months or years.

Intellectual Property Rights

Clearly.sh and its original content, features, and functionality are owned by Clearly.sh and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

The Clearly.sh logo, name, and all related graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Clearly.sh.

DMCA Copyright Policy

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at hello@clearly.sh with:

  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing
  • Your contact information (address, phone, email)
  • A statement that you have a good faith belief that the use is not authorized
  • A statement that the information is accurate and that you are authorized to act on behalf of the copyright owner
  • Your physical or electronic signature

Third-Party Services and Links

Clearly.sh may integrate with or contain links to third-party services, websites, or content. We use the following third-party services:

  • Firebase (Google) for authentication and data storage
  • Google Vertex AI for AI-powered features
  • Payment processors for subscription billing
  • Analytics services for usage tracking

We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to their terms and conditions.

Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties regarding the accuracy, reliability, or availability of the Service
  • Warranties that the Service will be uninterrupted, timely, secure, or error-free
  • Warranties regarding the results obtained from using the Service

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARLY.SH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

Our total liability to you for any claims arising from or related to the Service shall not exceed the greater of:

  • The amount you paid to us in the 12 months preceding the claim, or
  • $100 USD

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Clearly.sh, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property, privacy, or publicity rights

Dispute Resolution and Arbitration

Informal Resolution

Before initiating formal proceedings, you agree to first contact us at hello@clearly.sh to attempt to resolve the dispute informally. We commit to working with you in good faith to resolve any issues.

Arbitration Agreement

If informal resolution fails, you agree that disputes will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify.

  • Arbitration will be conducted by a neutral arbitrator
  • Each party will bear their own costs and attorneys' fees
  • The arbitrator's decision will be final and binding
  • You waive your right to a jury trial
  • You waive your right to participate in class action lawsuits

Class Action Waiver

You agree that disputes will be resolved individually, not as a class, consolidated, or representative action. This means you cannot bring a claim as a plaintiff or class member in a class, consolidated, or representative action.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in the United States.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Extended periods of inactivity
  • Requests by law enforcement or government agencies

Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete your account and User Content
  • You will not be entitled to any refunds
  • All provisions that should reasonably survive termination will survive

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Clearly.sh regarding the Service.

Severability

If any provision of these Terms is held to be unenforceable, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any provision shall be deemed a further or continuing waiver.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We will not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or government action.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: hello@clearly.sh

Website: clearly.sh

Response Time: We aim to respond to all inquiries within 48 hours

Acceptance of Terms

By clicking "I Accept," "Sign Up," or otherwise accessing or using Clearly.sh, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.