By using our Services, you agree to comply with these terms and conditions. By accessing and using our Website, you accept each and every term and condition of these Terms. Because this is a legally binding agreement between you and ClearTrust, please read it carefully. When accessing and using our Website, you maybe subject to other posted terms, conditions and guidelines applicable to certain services and/or content available on or via our Website.
All terms, conditions and guidelines applicable to our Website, including our Privacy Policy, are part of and incorporated by this reference into these Terms. Unless explicitly stated otherwise, your access to and use of our Website, and services and/or content available on or via our Website, are subject to these Terms. Accessing our Website in any manner, even through automated means, constitutes your use of our Website and your agreement to be bound by these Terms.
The company holds the sole right to revise the terms of service to make them applicable to users who are above 18 years of age and not of unsound mind and to include provisions on the right of the Company to launch, change, upgrade, impose conditions, suspend, or stop any services without prior consent of the user; user’s restriction with respect to copying, reproducing, downloading, reverse engineering, re-publishing, selling, distributing or reselling the services in any form or manner; no liability of Company with respect to the information, content, structure or any trademarks of the user websites; no liability of the Company for any third party websites or the links provided on the user websites; etc.
The relationship creates on user a duty to periodically check the terms of service and stay updated on its requirements.
The Services
a. Your Rights to the Services. Subject to your continued compliance with these Terms, including your payment of any and all applicable fees, ClearTrust grants you permission during the Term to access and use the Services solely for your internal business purposes. You acknowledge and understand that we do not give any assurances that any particular activity does or does not constitute misuse of the Site.
b. Implementation. You agree to implement the Services on each Site in accordance with any documentation or instructions provided by ClearTrust, and to ensure that the Services, including the API, are implemented in compliance with all requirements from ClearTrust. You are solely responsible for all engineering resources required for such implementation.
c. API License Grant to You. Subject to your compliance with these Terms and solely during the Term, ClearTrust hereby grants you a non-exclusive, worldwide, non-transferable, non-sub licensable license to make calls from each Site to the API solely using the API key issued to you, and solely to enable data interchange between each Site and the Services.
Support Services
a. Services are hosted on the best cloud infrastructure with high availability cluster and disaster recovery.
b. In the event of services downtime, you can automatically timeout the services at a defined time threshold and your site can continue to function without any disruption.
c. ClearTrust does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (a) caused by outages to any public Internet back bones, networks or servers; (b) caused by any failure of customer equipment, systems or local access services; or (c) relating to events beyond ClearTrust’s control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where ClearTrust or customer servers are located or co-located.
d. ClearTrust may subcontract the provision of any of the Support Services without obtaining the consent of you.
General Prohibitions
You agree not to, and the rights granted under this agreement, including any licenses, are provided subject to the condition that you agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with your (or their) use of or access to the Services:
a. Use the Services in violation of ClearTrust’s or any third party’s intellectual property or other proprietary or legal rights; or
b. Use the Services in violation of any applicable Law.
Trial period
The first 7 days of the Term shall be a trial period, during which all of the provisions of this Agreement shall apply, save as follows:
a. You shall have no obligation to pay any service fee in respect of the trial period.
b. Either party may terminate the Agreement immediately by giving email notice to the other party (ClearTrust’s Email Id is [email protected]) at any time before the end of the trial period.
Confidentiality
“Confidential Information “includes any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally and, within five (5) business days, reduced to writing and marked “confidential.” Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under these Term or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable and lawful prior to disclosing such information.
Term and Termination
The duration of these Terms is for a period of 3 years. You may however terminate these Terms and your account at any time by contacting customer service at [email protected]; however, any termination of these Terms will not relieve you of any current or future obligation to pay any fees or other costs owed by you to ClearTrust under these Terms.
If you violate these Terms, your permission to use the Services will automatically terminate. The provisions of Sections Confidentiality and limitation of liability will survive termination, except that all license rights granted by ClearTrust to you under these Terms do not survive termination.
Limitation of Liability
THE TOTAL LIABILITY OF THE CLEARTRUST ENTITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO CLEARTRUST HERE UNDER DURING THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY CLAIM. IN NO EVENT WILL THE CLEARTRUST ENTITIES HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES(INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR USE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Governing Law
These Terms are governed in all respects by the laws of India without reference to conflict of law provisions. You agree that any claim or dispute you may have against ClearTrust will be exclusively resolved by a court located in Bangalore, Karnataka and you agree to and hereby submit to the personal and exclusive jurisdiction of the courts located within Bangalore, Karnataka for the purpose of litigating all such claims or disputes.
Entire Agreement
These Terms are the entire and exclusive understanding between you and ClearTrust relating to the subject matter hereof, and supersedes any and all prior agreements and understandings between the parties, whether oral or in writing (including without limitation any separately executed confidentiality agreement).
Payment Terms
There is no Refund and Cancellation for the service already provided.
Contact Information
If you have any questions regarding these Terms or the Services, please contact us at [email protected]