Terms of Service

1. Eligibility

You must be at least 18 years old and have the legal authority to enter into binding contracts on behalf of yourself or the entity you represent. You represent that you are not located in a country subject to a Canadian government embargo or listed on any Canadian government list of prohibited or restricted parties.

2. Account Registration

To use certain features, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your login credentials;
• All activities that occur under your account; and
• Notifying us immediately via support@claritydesk.io if you suspect unauthorized access.

ClarityDesk Inc. is not liable for any losses arising from your failure to secure your account.

3. License to Use the Service

Subject to these Terms and payment of applicable fees, ClarityDesk grants you a revocable, non-exclusive, non-transferable, limited license to access and use the Service for your internal business purposes.

Restrictions: You may not:

• Copy, modify, translate, or create derivative works based on the Service;
• Disassemble, reverse engineer, or attempt to access the source code;
• Resell, sublicense, rent, or distribute the Service to third parties;
• Use the Service to build or assist in building a competing product;
• Access the Service in a manner that burdens or disrupts its infrastructure;
• Use automated scripts, bots, scrapers, or data extraction tools without written permission.

This license automatically terminates if you violate these Terms.

4. User Content and Data Ownership

Your Data: You retain all rights to the content, data, and materials you upload or submit to the Service ("User Content").

License to ClarityDesk: You grant ClarityDesk a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and perform User Content solely for the purpose of operating, maintaining, and improving the Service.

Aggregated Data: You agree that ClarityDesk may monitor your use of the Service and use data related to your use in an aggregate and anonymous manner (stats, benchmarks, usage trends). You agree that ClarityDesk owns all right, title, and interest in and to such aggregated and anonymized data, provided it cannot be used to identify you or any individual user.

5. Data Protection

ClarityDesk will process personal data in accordance with:

• Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA);
• GDPR (if applicable to your data subjects); and
• CCPA/CPRA (if applicable to your data subjects).

We act as a data processor for User Content and as a data controller for account-level information (e.g., billing info). We commit to:

• Implementing reasonable administrative, physical, and technical safeguards;
• Processing personal data only as necessary to provide the Service;
• Complying with data subject rights (access, deletion, portability, etc.).

6. Payment Terms

Subscription: By purchasing a Subscription, you authorize us to charge your provided payment method on a recurring basis until you cancel.

Billing & Renewal: Subscriptions automatically renew at the end of each billing cycle. You may cancel at any time; however, cancellations take effect at the end of the current paid period. We will provide reasonable notice of any price changes prior to your next billing cycle.

Taxes: All fees are exclusive of applicable federal, provincial, state, local, or foreign taxes, duties, or levies. You are responsible for paying all applicable taxes associated with your purchase based on your billing address.

7. Refund Policy

• We offer a 30-day money-back guarantee for first-time subscriptions only.
• To request a refund, contact support@claritydesk.io within 30 days.
• Refunds do not apply to renewals unless required by law.
• We reserve the right to refuse repeat or abusive refund requests.

8. Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose;
• Harass, threaten, or abuse employees or other users;
• Interfere with or disrupt the Service or servers;
• Circumvent security features;
• Upload malware, viruses, or harmful code;
• Use the Service to store or transmit sensitive personal data (e.g., health data, government IDs) unless explicitly permitted in a separate agreement (e.g., a BAA or custom DPA).

9. Intellectual Property

Ownership: The Service, including software, logos, trademarks, code, design, and content (excluding User Content), is the exclusive property of ClarityDesk Inc. and its licensors.

Feedback: If you provide us with any feedback, suggestions, or feature requests regarding the Service, you grant ClarityDesk a perpetual, irrevocable, royalty-free, worldwide license to use such feedback for any purpose without any obligation or compensation to you.

10. Service Availability & Backups

We strive for high availability but do not guarantee the Service will be uninterrupted, error-free, secure, or available at all times. Maintenance, updates, and outages may occur.

Data Backups: While we perform our own system backups, you are solely responsible for maintaining independent backups of your User Content. ClarityDesk is not responsible for any loss of data or the failure to restore data.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. You use the Service at your own risk.

12. Limitation of Liability

To the maximum extent permitted by law, ClarityDesk Inc. and its officers, employees, contractors, and suppliers are not liable for:

• Indirect, incidental, consequential, punitive, or special damages;
• Loss of revenue, profits, goodwill, or data;
• Business interruption; or
• Damages arising from unauthorized access to your account.

Liability Cap: Our total liability for all claims in any 12-month period is limited to the greater of:

• The amount you actually paid to ClarityDesk in the 12 months preceding the event giving rise to the claim; or
• USD $100.

These limits apply regardless of legal theory (contract, tort, negligence, etc.).

13. Indemnification

You agree to indemnify, defend, and hold harmless ClarityDesk Inc. from any claims, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service;
• Your violation of these Terms;
• Any User Content you submit; or
• Your violation of any third-party rights.

14. Termination

We may suspend or terminate your account immediately if:

• You violate these Terms;
• Your payment fails; or
• Your use poses security or legal risks.

Upon termination, your right to use the Service ends. We may delete your account and User Content after a reasonable retention period, unless required by law to retain it.

15. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide notice via email or in-app notification. Your continued use of the Service after changes become effective constitutes acceptance.

16. Governing Law & Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. You agree that any disputes will be resolved exclusively in the courts located in Ontario, Canada.

17. Language (Language of the Agreement)

The parties confirm that it is their wish that these Terms, as well as other documents relating hereto, including notices, have been and shall be drawn up in the English language only.

Les parties confirment leur volonté expresse que les présentes modalités, de même que tous les documents s'y rattachant, y compris tout avis, soient rédigés en langue anglaise seulement.

Contact Us

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