Terms of Service

Last updated: May 2021

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Searis AS.

When we say “Services”, we mean any product created and maintained and owned by Searis AS. That includes Clarify (all versions), whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “you” or “your”, we are referring to the individual or organisation that has signed up for one or more account(s) with one or more of our Services.

We may update these Terms of Service in the future. You can find all versions of this document on our website. Typically, these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them via email and on our website.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision.

These terms do contain a limitation of our liability.

Account Terms and End User Responsibility

You are responsible for maintaining the security of your account and password.The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You may not use the Services for any illegal purposes or give third parties unauthorised access to the Services. Illegal or unauthorised use will allow us to automatically cancel or suspend your account in accordance with these Terms of Service.

You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account ("End Users").

You are solely responsible for yours and your End Users' adaption and use of the Service in your organisation and business. You are also solely responsible for ensuring compliance with any applicable data protection regulation in relation to your End Users.

You must be a human. Accounts registered by“bots” or other automated methods are not permitted and will be suspended and terminated.

Payment, Refunds, and Plan Changes

If you are using a free trial version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.

For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you finalise the payment.

If your account has been frozen for a while, we will queue it up for auto-cancellation.
If you are upgrading from a trial plan to a paid plan, we will ask for your card information and charge your card immediately and your billing cycle starts on the day of the upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.

All fees are exclusive of all taxes, VAT, levies, or duties imposed by taxing authorities. For customers in Norway, we will add Norwegian VAT on the fee. For customers outside Norway, VAT may also apply, but the collection of such VAT will depend on where the customer is resident. Where required by law, we will collect those taxes on behalf of the taxing authority in the relevant countries and jurisdictions, and remit those taxes to the taxing authorities. Otherwise, you are responsible for payment of all taxes, VAT, levies, or duties.

Cancellation and Termination

You are solely responsible for properly cancelling your account. Within our Service, we provide a simple cancellation link. An email or phone request to cancel your account is not automatically considered as a cancellation. If you need help cancelling your account, you can always contact our support via chat or email (support@clarify.us).

All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of your current billing cycle, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.

We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account (as described above) or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.

Modifications to the Service and Prices

Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.

Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis.

We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.

When you use our Services, you entrust us with your data. We take that trust to heart. Some elements of data entrusted with us, may be personal data. You agree that Searis may process such data as described in our Data Processor Agreement and in our Privacy Policies and for no other purpose. We may access your data for the following reasons:

- To help you with support requests you make. We'll ask for express consent before accessing your account.

- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.

- To safeguard our Services. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all sub processors who handle personal data for Clarify in our Data Processor Agreement available here.

We are a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service, Data Processor Agreement, our Privacy Policies, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements and not use the Services in a way that violates the regulations.

The Services provided by Searis AS are administered from Norway. If you access the Services from any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Norwegian laws, please be advised that through your continued use of the Services, which are governed by Norwegian law, you consent to the transfer of your personal information to Norway.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.

You grant us permission to include your name, logos, and trademarks in our promotional and marketing materials and communications.

We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.

The names, look, and feel of the Services are copyright © to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes. Please send us an email (support@clarify.us) if you wish to use our logos.

We reserve the right to rescind this permission if you violate these Terms of Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.

You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations, but we will try our best of course.

We also test all of our features extensively before launching them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Services Adaptations and API Terms

We offer Application Program Interfaces ("API"s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:
1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.

2. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. We will, in our sole discretion, determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first.

If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

Our liability is limited as follows:
1. We are not responsible for End Users' adaption and use of the Service.

2. If you are using a free trial version of one of our Services: you understand and agree that we shall have no liability towards you or any third party for any direct or indirect loss arising from your use of the service.

3. If you are using one of our Services pursuant to a paid plan: if we are found to be liable due to malfunction of the Service, our total and aggregate liability for any and all claims shall under no circumstance exceed the total annual price you have paid for the Services. We shall under no circumstances be liable for loss of profit, indirect damages or consequential loss.

Choice of law and jurisdiction

This agreement shall be governed by Norwegian law. The parties shall seek to resolve disputes through negotiation. Any dispute which cannot be resolved through negotiations shall be subject to the exclusive jurisdiction of Sør-Trøndelag tingrett.

Questions?

If you have a question about any of the Terms of Service, please contact us on email (support@clarify.us).


We have crafted these documents with inspiration from the Basecamp open-source policies / CC BY 4.0

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