Terms Of Services

TERMS AND CONDITIONS

Last Updated: December 16, 2024

Welcome to https://clearai.tech/ (the “Website”).

We provide our Website, encompassing all information, content, tools, and services available on the Website to you (“you”, “your”, or “user”), contingent upon your acceptance of these Terms and Conditions (the “Terms”, “Agreement”), our Privacy Notice (also known as the “Privacy Policy”), and any additional terms, conditions, and policies referenced herein and/or accessible via hyperlinks on the Website (collectively referred to as “Terms of Use”).

Our Terms of Use form a written contract (the “Agreement”) between you and ClearaiSirius OÜ, a company incorporated under the laws of Estonia, company number 17079282, with its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Pärnu mnt 105, 11312 (“we”, “us”, “our” or “Company”). Individually, either you or the Company may be referred to as a “Party” and collectively as the “Parties”.

Please thoroughly review our Terms and other provisions of the Terms of Use before accessing, utilizing, or obtaining any materials, information, products, or services. If you do not consent to any part of the Terms of Use, you must refrain from using the Website or any of our services.

These Terms apply to your use of the Website and the purchase of any products or services from us via the Website (collectively referred to as “Services”). The Website and Services together will also be referred to as the “Platform”.

If you have any questions or concerns regarding these Terms, please reach out to us at info@clearai.tech.

Your privacy is of utmost importance to us. Our Privacy Policy is a crucial component of this Agreement. We encourage you to carefully review our Privacy Policy regarding the collection and processing of user data. We are not liable for the content and privacy practices of external websites that may be linked from our Website.

About Our Services

Our Website is a state-of-the-art, all-encompassing AI content generation platform that integrates multiple leading AI systems based on large language models (LLMs) into a single interface. It provides a versatile range of AI-powered tools for content creation, analysis, and management, along with robust API integration capabilities for seamless workflow incorporation.

Any content (texts, images, videos, audios, etc.) generated through our Platform is intended solely for your personal use, holds no monetary value, and cannot be exchanged for cash.

Your use of the Platform is licensed, not sold, to you. You acknowledge that no ownership rights regarding the Platform are being transferred, and this Agreement should not be interpreted as a sale of any rights. All access to and use of the Platform is subject to this Agreement, statutory provisions, and any additional terms referenced here or published on our Website.

We reserve the right to modify, update, or discontinue any aspect of the Platform at our sole discretion.

Eligibility

You are authorized to use our Website and Services solely for lawful purposes and in compliance with all applicable laws and regulations. Access to our Website is granted only to individuals who are at least 18 years old. If the legal age in your jurisdiction or permanent residence is attained at a later date, that age will apply accordingly.

By accessing and/or using our Website and Services, you affirm that you are legally capable of entering into and forming contracts under applicable law.

To be eligible to access and use our Website and Content, you must not be located, incorporated, established in, resident of, or have business operations in:

Any jurisdiction where such use would be illegal under applicable law, or Any of the following jurisdictions: Afghanistan, Albania, Algeria, Angola, Belarus, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, China, Croatia, Cuba, Democratic Republic of the Congo, North Korea, Ethiopia, Gabon, Guatemala, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Kenya, Kosovo, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Moldova, Monaco, Montenegro, Mozambique, Myanmar (Burma), Namibia, Nicaragua, Niger, Nigeria, Northern Cyprus, North Macedonia, Philippines, Republic of Congo, Russia, Senegal, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Syria, Tanzania, Tunisia, Venezuela, Vietnam, Yemen, Zimbabwe, as well as all disputed/occupied territories (e.g., Northern Cyprus, Crimea, Donetsk, Kherson, Luhansk, and Zaporizhzhia territories) and any other jurisdiction where such use would be illegal under applicable laws and regulations concerning the Company. Please note that this list may be updated as necessary to ensure compliance with all relevant legal requirements. Account Registration

To access certain Services or view specific areas of the Website, you must register by creating an account on our Website (the “Account”) and providing details such as your first and last name, country of residence, password, and email address.

You represent and warrant that all information you provide in connection with your Account is accurate, complete, and up-to-date, and that you will promptly update it as necessary to maintain its accuracy. You also agree to keep your account and other details, including your email address, credit card information, and expiration dates, current to facilitate transactions and ensure we can contact you when needed. Any information you provide during registration will be handled according to our Privacy Policy. It is crucial to keep your password confidential.

Your Account is linked to your personal email address, and you must not grant third parties access to your Account. It is your responsibility to protect the confidentiality of your account and password, and you agree to be liable for all activities conducted under your account.

The Company reserves the right to refuse user registrations for valid and objective reasons, including but not limited to violations of the Terms of Use, fraud prevention measures, doubts about the user's identity, suspicion of spamming activities, uncertainty regarding the user's age, fraudulent behavior, or attempts to register in markets where the Company's services are unavailable.

Restricted Use

Your use of the Website and its content is limited to lawful purposes and compliance with the stated Terms. You are prohibited from using the Services to develop or offer competing products or services. Reverse engineering of the Services is strictly forbidden. Reselling or redistributing the Services is also not allowed. Only one user may use the Services per registered account, and each user is limited to one account.

Using the Service to infringe upon others' intellectual property rights, including copyrights, patents, or trademarks, is prohibited. Violating this provision may result in penalties, including legal action or a permanent ban from the Service.

We reserve the right to investigate complaints or reported violations of our Terms and take any actions we deem appropriate. This may involve reporting suspected unlawful activity to law enforcement officials, regulators, or other third parties, as well as disclosing any necessary or appropriate information to such individuals or entities.

In addition to other prohibitions outlined in the Terms, users are prohibited from using the Website or Services:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, related Websites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, related Websites, other websites, or the Internet. We reserve the right to terminate your use of the Services or Website if you violate any of these prohibited uses.

Pricing

Prices typically include delivery and handling charges as well as applicable taxes. If prices do not include such charges and taxes, we will inform you before you place your order. Your purchase may be subject to foreign exchange fees or price differences based on your location (e.g., exchange rates).

We reserve the right to adjust, suspend, or discontinue any Service at our discretion. We are not liable for any losses or damages resulting from such changes.

To the fullest extent permitted by applicable laws, we reserve the right to modify our prices at any time. We will provide reasonable notice of any pricing changes by posting the new prices on our Website, sending you an email notification, or through other prominent means.

If you do not wish to pay the new fees, you should refrain from pre-paying for further access to the Service.

Payments

Payments must be made using the designated payment methods available on the Website. By proceeding with a purchase, you confirm that you have the authority to use the selected payment method. It is your responsibility to provide accurate and complete information necessary for the transaction, including billing address and payment details.

For secure and reliable transactions, we utilize trusted payment processors to handle transactions on our Website. By making a purchase, you authorize us to share the necessary information with these third-party payment processors to facilitate the transaction. We do not retain or have access to your complete payment details.

Payment Plans

The Services are available to users upon purchasing one of the payment plans presented on our Website. You can purchase any payment plan directly from the Company or through our Website by paying prepayment amounts for the available payment plans (the “Payment Plan”).

Each Payment Plan includes a specific package of fixed or user-customized credits (the “Credits”). These Credits can be used to acquire Services within our Platform.

The Services and your rights to use them will expire once the Payment Plan is exhausted. We reserve the right to disable or terminate your access to the Services (without notice) if you fail to pay the fees or charges for continued use of Services.

The Company grants you a non-transferable, non-exclusive, revocable, and limited license to use your Credits solely within the Platform to acquire Services linked to your account through which you obtained the Credits.

All Credits are final and non-refundable unless otherwise stated herein. Credits can only be used to purchase Services or Payment Plans and cannot be redeemed for cash or exchanged for any value. Credits are not legal tender and cannot be reloaded, resold, transferred, or used in any manner other than as specified herein. Credits may not be used for any other account unless explicitly permitted by these Terms or required by law.

The Company retains full authority over all Credits and may, within legal limits, alter their value, modify them, or remove them at its discretion without liability. Once Credits are added to your account, the Company’s obligation regarding those Credits is considered fulfilled.

If your account is terminated or suspended for any reason, or if the Company discontinues the Platform, you will forfeit all Credits. The Company reserves the right to manage, regulate, modify, or eliminate Credits as it sees fit and is not liable to you or anyone else for such actions.

Refund Policy

By purchasing any Payment Plan as defined above, you agree that the purchase is final, and the Company will not refund any transaction once it has been completed, nor can the purchase be canceled. When you make a purchase on our Website, you acknowledge and agree that all purchases are non-refundable and non-exchangeable. However, the Company will provide refunds and/or purchase cancellations as required by mandatory provisions of applicable law. The Company may also provide refunds at its discretion, subject to our policies that may be updated from time to time.

By signing up for our Service, which is not a single item of digital content and is provided on an ongoing basis, you expressly request and consent to an immediate supply of such Service. Therefore, if you exercise your right of withdrawal, we will deduct from your refund an amount proportional to the Service provided before you communicated your withdrawal from the contract.

If you reside in the EEA, United Kingdom, or Switzerland, you have the right to request refunds within 14 calendar days without providing reasons. The cancellation period begins on the date of entering into the contract with us when purchasing any Payment Plans available on our Website and lasts for 14 calendar days. By exercising your right of cancellation, you agree that we will deduct from your refund an amount proportional to the Service provided before you communicated your cancellation of the contract.

To request a refund, please contact us via email at support@clearai.tech, explaining the reason for your refund request. Please include your name, order number, reasons for the refund, and any relevant details. We will inform you of our decision regarding your refund request within ten (10) business days of your response to our final request. If approved, we will initiate the refund. Refunds will be issued using the same payment method used for the original purchase. Please allow fifteen (15) business days for the refund to process. Note that this period may be extended to one month depending on your payment provider.

Intellectual Property

You represent and warrant that, when visiting the Website or using the Services, you will adhere to all applicable laws and respect the intellectual property rights of others. Your use of the Services is always governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

Certain names, graphics, logos, icons, designs, words, titles, or phrases displayed on this Website may be considered trade names, trademarks, or service marks registered elsewhere. The presence of these trademarks on the Website does not imply any authorization for their use has been granted to you. Unauthorized use, reproduction, or alteration of trademarks and/or any of the Content contained herein may constitute a violation of applicable laws, as well as trademark and/or copyright statutes, and may result in legal consequences.

Subject to your compliance with the Terms of Use, the Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access the Website and use the Services. This license allows you to use the Services but does not permit you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Services without the prior express written consent of the Company.

All trademarks, service marks, trade names, product names, and logos appearing on this Website are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by this Website, or vice versa.

Disclaimer, Limitation of Liability, Indemnification

Disclaimer: THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY PROVIDES THE WEBSITE AND SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, DATA ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

OUR SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF OUR SERVICES.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, INCLUDING ITS AFFILIATES, BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, CONFIDENTIAL, OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES.

THE COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THE AGREEMENT FOR ANY AMOUNT EXCEEDING THE TOTAL FEES PAID OR PAYABLE BY YOU TO THE COMPANY FOR TWO MONTHS OF SERVICES DURING THE TERM OF THIS AGREEMENT, IF ANY.

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification: You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify the Company and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Services.

Modifications

The Company reserves the right to occasionally modify, suspend, or discontinue this Website, Services, and/or its content without prior notice, at its sole discretion. It is your responsibility to regularly review these Terms. We will update the "Last Updated" date at the top of these Terms to reflect the effective date of such Terms. Your continued use of or access to our Website following any changes to these Terms signifies your acceptance of those changes. If you disagree with any provision of the Terms or become dissatisfied with the Website in any manner, your only recourse is to promptly discontinue use of the Website.

Governing Law and Dispute Resolution

These Terms are governed by the laws of England and Wales, and any disputes will be subject to the laws of England and Wales. Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law in the country where you reside.

Termination

Either you or the Company may terminate this Agreement at any time by providing written notice to the other party. If you terminate this Agreement, you will no longer have access to your Account or the Services. If, after termination, you access the Services or create a new Account, such action will constitute your consent to this Agreement, and the prior termination will be considered null and void.

Miscellaneous Provisions

We may include links to third-party websites on the Website that are not owned or operated by us. Please be aware that we are not responsible or liable for any content, advertising, products, or other materials on or available from third-party websites or for any privacy or other practices of the third parties operating those websites.

If we fail to enforce any provision of these Terms, such failure shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your access to and use of the Website.

These Terms constitute the entire agreement between you and us, representing the complete and entire understanding of the parties regarding the subject matter of this agreement. This Agreement supersedes any other agreement or understanding between the parties, whether written or oral. If any term or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

You agree that the provisions in sections 5, 10, 11, and 13 herein shall survive for ten (10) years after any termination of your profile on our Website, agreements between us, or your access to the Services.

The parties to this Agreement shall not be liable for any event beyond that party’s reasonable control, such as war, pandemic, natural disaster, government order or regulation, explosion, fire, strike, act of God, or other force majeure events. If any provision of these Terms is ruled to be invalid or unenforceable, the remainder of the Terms shall continue to be valid and enforceable, and to this end, these Terms are severable.

Except as expressly provided elsewhere in this Agreement, a person who is not a party to this Agreement shall not have any rights to enforce any term of this Agreement.