Terms of Service

TERMS & CONDITIONS OF USE FOR THE ClearGrowth APPLICATION

Date Last Revised: June 30, 2026

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING ClearGrowth, A SERVICE OPERATED AND DISTRIBUTED BY ClearGrowth, LLC. (“ClearGrowth”).

I. Acceptance of Terms

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS for ACCESS AND USE OF ClearGrowth or the “application”, A SOFTWARE AS A SERVICE DISTRIBUTED THROUGH THE WEB SITE WWW.CLEARGROWTH.AI (or the “Website”), AS OPERATED AND DISTRIBUTED BY ClearGrowth, LLC, A UTAH LIMITED LIABILITY COMPANY, ON BEHALF OF THOSE OF ITS DIRECT OR INDIRECT SUBSIDIARIES AND/OR AFFILIATES, (collectively referred to as “ClearGrowth”). THE TERMS AND CONDITIONS SET FORTH BELOW IN THIS AGREEMENT GOVERN YOUR USE AND ACCESS OF THE APPLICATION AND OF THE MATERIALS, INFORMATION, PRODUCTS INFORMATION, TOOLS, SOFTWARE, FEATURES, FUNCTIONALITY AND ANY OTHER SERVICES THAT ARE PROVIDED TO YOU INCLUDING CONTENT, UPDATES, NEW RELEASES OR APPLICATIONS OFFERED FROM TIME TO TIME IN CONNECTION THEREWITH (collectively, the “SERVICE”).

By using or accessing this application or Service in any manner you agree to be bound by the terms and conditions of this Agreement and the Privacy and Security Policy as stated on www.cleargrowth.ai, as they may be amended from time to time in the future (see “Modifications” below) as a “Member” (which means that you have registered at www.cleargrowth.ai and whether you are acting as an individual or as a principal, agent, representative for your business or other legal entities). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to ClearGrowth.

THIS AGREEMENT APPLIES TO ALL USERS OF THE APPLICATION OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES TO THE APPLICATION. YOU MAY NOT USE THE SERVICE AND YOU MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT OF A LEGAL AGE TO FORM A BINDING CONTRACT WITH ClearGrowth.

IF YOU ACCEPT THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO BE BOUND BY IT OR IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ENTITY THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY. BEFORE YOU CONTINUE, YOU SHOULD PRINT OR SAVE A LOCAL COPY OF THIS AGREEMENT FOR YOUR RECORDS.

A. Modification

ClearGrowth may modify this Agreement from time to time. Any and all changes to this Agreement will be posted in the application. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

II. Privacy Policy and Personal Information

For information about ClearGrowth’s data protection practices, please read the application Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how ClearGrowth treats your personal and business information when you access the application and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the application.

III. Description of Service

The Service is a cloud-based business analytics and customer retention platform that integrates with e-commerce and social media platforms – including Shopify and Instagram – allowing Members/Customers to automatically track and evaluate their business performance through dashboards, graphs, and reports. Based on such information, the Service may also present information relating to third party products or services (“ClearGrowth Offers”).

The Service is offered in two components. The analytics component of the Service, including retention analytics, Instagram performance analytics, demographic reporting, and cross-store benchmarking, is provided to Members free of charge, whether or not a Member activates the Retention Engine component. The Retention Engine component, which automatically determines and sends outreach (by email and/or SMS) to a Member’s End Customers, is offered on a performance basis, as described in Section VIII (Payment and Billing) below. Current details on both components, and the current fee structure for the Retention Engine, can always be found at https://cleargrowth.ai. The Service is not intended to provide legal or tax advice. ClearGrowth makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.

ClearGrowth cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. ClearGrowth cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is provided.

IV. Registration

If you wish to become a Member, communicate with other Members and/or make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process at https://app.cleargrowth.ai. As a condition to using certain aspects of the Service, you will be required to register with ClearGrowth and select a password and LoginID. That LoginID and password, together with any mobile number or other contact information you provide, form your “Registration Information.”

You shall not (i) select or use as a LoginID a name of another person with the intent to impersonate that person; (ii) use as a LoginID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a LoginID a name that is otherwise offensive, vulgar or obscene. ClearGrowth reserves the right to refuse registration of, or cancel a LoginID in its sole discretion.

You agree and understand that you are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Registration Information which allows you to access the Service. You shall never use another user’s account without such other user’s express permission. You will immediately notify ClearGrowth in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You shall provide ClearGrowth with accurate, complete, and updated Registration Information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your ClearGrowth account.

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify ClearGrowth immediately via email at support@cleargrowth.ai.

A. Membership

As a Member/Customer to ClearGrowth you must have Internet access to use the application or Service. You are not required to provide a payment method to register for or use the free analytics component of the Service. If you choose to activate the Retention Engine component, you must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”), which we will charge in accordance with Section VIII (Payment and Billing) below. You may deactivate the Retention Engine component at any time to stop future charges under that component; deactivation will not affect your continued free access to the analytics component of the Service.

V. Use of Service

Your right to access and use the application and the Service is personal to you and your business and is not transferable by you to any other person or entity. You are only entitled to access and use the application for lawful purposes.

Your access and use of ClearGrowth may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the application or other actions that ClearGrowth, in its sole discretion, may elect to take.

From time to time, ClearGrowth may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in the Service for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and ClearGrowth is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions ClearGrowth may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.

You agree that ClearGrowth may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant ClearGrowth a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to ClearGrowth in any way. ClearGrowth will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

A. SMS and Automated Messaging; Your Compliance Obligations

The Retention Engine and the SMS Loyalty & VIP Rewards Program may send automated email and/or text messages to your End Customers on your behalf, using Twilio Inc. as ClearGrowth’s messaging subprocessor. You represent and warrant that you have obtained, and will maintain, all consents required under applicable law — including the U.S. Telephone Consumer Protection Act (TCPA) and any applicable state or international equivalent — before enabling the Retention Engine or the SMS Loyalty & VIP Rewards Program for any End Customer, and that your collection of End Customer contact information and consent records complies with applicable law.

As between you and ClearGrowth, you are solely responsible for any claim, penalty, or liability arising from a message sent to an End Customer who had not validly consented to receive it. ClearGrowth logs each message the Retention Engine sends, including the recipient, channel, offer, and timing, and makes that log available to you; you are responsible for reviewing that log and for promptly notifying ClearGrowth of any End Customer opt-out or consent revocation you receive directly.

B. Rights Granted

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to ClearGrowth through the Service, you are licensing that content to ClearGrowth solely for the purpose of providing the Service. ClearGrowth may use and store the content, but only to provide the Service to you. By submitting this content to ClearGrowth, you represent that you are entitled to submit it to ClearGrowth for use for this purpose, without any obligation by ClearGrowth to pay any fees or other limitations.

C. Accuracy of information

Accurate records enable ClearGrowth to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

D. Alerts and Notifications

ClearGrowth may from time to time provide automatic alerts and notifications and voluntary account-related alerts and notifications. Automatic alerts and notifications may be sent to you following certain changes made online to your account, such as a change in your Registration Information.

Some voluntary account alerts and notifications may be turned on by default as part of the Service. ClearGrowth may add new alerts and notifications from time to time, or cease to provide certain alerts and notifications at any time upon its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts and notifications service.

Electronic alerts and notifications will be sent to the email address you have provided as your primary email address during the registration or later. If your primary contact information changes, you are responsible for informing us of that change.

You understand and agree that any alerts and notifications provided to you through the Service may be delayed or prevented by a variety of factors. ClearGrowth does its best to provide alerts and notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alerts and notifications. You also agree that ClearGrowth shall not be liable for any delays, failure to deliver, or misdirected delivery of any alerts and notifications; for any errors in the content of an alerts and notifications; or for any actions taken or not taken by you, ClearGrowth, or any third party in reliance on an alerts and notifications.

VI. Rules And Conduct

As a condition of your use of the application or any Service therein, you warrant to ClearGrowth that you will not use the application or any Service offered by it for any purpose that is unlawful, prohibited by these terms, conditions, and notices, or considered improper based on ClearGrowth’s sole discretion. You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the application or any portion of ClearGrowth, without ClearGrowth’s express written consent, which may be withheld in ClearGrowth’s sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the application, other than the search engines and search agents available through the Service and other than generally available third-party web browsers;
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the application or the Service or any activities conducted on the Service;
  • Take any action that imposes or may impose (as determined by ClearGrowth in its sole discretion) an unreasonable or disproportionately large load on ClearGrowth’s (or its third party providers’) infrastructure;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the application or the Service;
  • Bypass any measures ClearGrowth may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or
  • Run Maillist, Listserv, any form of auto-responder or “spam” on the Service.

Additionally, you shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder, or (iv) use or access the Service in order to build a competitive product or service. You shall abide by all applicable local, state, national and international laws and regulations when using the Service.

You may not use the application in any manner, which could damage, disable, overburden, or impair the application or interfere with any other party’s use and enjoyment of the application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the application. You may not use the application or the Service for any purpose that is prohibited by these Terms of Use. The Service is provided only for your internal use in connection with your lawful business activities. You are responsible for all of your activity in connection with the Service.

For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, blogs or forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by ClearGrowth or its partners on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) post any content on or through the Service, that:

  • infringes any intellectual property or other proprietary right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • involves commercial activities and/or sales without ClearGrowth’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ClearGrowth or any third party; or
  • impersonates any person or entity, including any employee or representative of ClearGrowth.

ClearGrowth reserves the right to remove any Content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if ClearGrowth is concerned that you may have violated the Terms of Use), or for no reason at all.

VII. Analytics Disclaimer

THE SERVICE IS INTENDED ONLY TO ASSIST YOU IN TRACKING AND ANALYZING YOUR BUSINESS PERFORMANCE, INCLUDING E-COMMERCE METRICS, CUSTOMER RETENTION DATA, AND SOCIAL MEDIA ACCOUNT PERFORMANCE. ClearGrowth IS NOT A FINANCIAL PLANNER, LEGAL ADVISOR, OR TAX ADVISOR, AND THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE.

You acknowledge and agree that you are responsible for your own business decisions, that the Service is only one tool that you may use as part of a broader analysis process, and that ClearGrowth will not be liable for any decision made or action taken by you or others based upon information or materials obtained through use of the application or Services.

Data displayed through the Service is derived from third-party integrations (such as Shopify and Instagram) and is only as current as the time shown. ClearGrowth cannot guarantee the accuracy, completeness, or timeliness of data sourced from these platforms and accepts no responsibility for discrepancies between platform data and the information displayed in the Service.

If you activate the Retention Engine, you acknowledge that it uses a statistical model, informed by predictive analytics, aggregated demographic trends, look-alike segments, and cross-store benchmarks, to automatically decide the channel, offer, and timing of outreach sent to your End Customers, without your pre-approval of each individual send. You are not required to review or approve any individual message before it is sent, but every decision is logged and made available to you, and you remain responsible for monitoring that log and for your End Customers’ consent as described in Section V.A above.

VIII. Payment and Billing

The analytics component of the Service is provided to you free of charge and requires no Payment Method. No fee is owed for the analytics component, whether or not you activate the Retention Engine.

If you activate the Retention Engine component, you authorize ClearGrowth to charge your Payment Method a fee calculated on the revenue ClearGrowth’s Revenue Attribution reporting attributes to Retention Engine sends during the applicable billing period (currently, each calendar month) — meaning revenue from orders placed after an End Customer clicks or responds to a Retention Engine email or text, within the attribution window shown on your dashboard. This fee is graduated: each dollar of revenue attributed to the Retention Engine for your store in a billing period falls into its own bracket and is charged at that bracket’s rate, in the same manner as a marginal tax bracket, as follows:

Revenue attributed to the Retention Engine (per billing period)Rate
$0 – $10,0005%
$10,000 – $20,0004%
$20,000 – $30,0003%
$30,000 – $40,0002%
$40,000 and above1%

For example, if $25,000 in revenue is attributed to the Retention Engine for your store in a billing period, the fee is calculated as: the first $10,000 at 5% ($500), plus the next $10,000 (up to $20,000) at 4% ($400), plus the remaining $5,000 (up to $25,000) at 3% ($150), for a total fee of $1,050 — an effective rate of 4.2% on the $25,000 attributed. This fee includes ClearGrowth’s costs of sending the underlying email and SMS messages; you will not be separately billed for message-sending costs. Because this fee depends on attributed revenue, the amount billed will vary from period to period, including being $0 for any period in which the Retention Engine generates no attributed revenue.

We reserve the right to adjust the rate table above, or the fee structure for any other component of the Service, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any fee changes will take effect following email notice to you, and will apply only to revenue attributed after the effective date of the change.

The Retention Engine fee will be calculated and billed to your Payment Method at the end of each billing period in which the Retention Engine is active, based on revenue attributed to Retention Engine sends during that period. Fees are fully earned upon payment. We reserve the right to change the timing of our billing if your Payment Method has not successfully settled. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

RETENTION ENGINE FEES ARE CALCULATED AND BILLED BASED ON ATTRIBUTED REVENUE ALREADY GENERATED FOR YOU AND ARE NONREFUNDABLE ONCE BILLED. Following deactivation of the Retention Engine or cancellation of your account, you remain responsible for any fee attributable to revenue generated by Retention Engine sends made before deactivation or cancellation. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

You may edit your Payment Method information in the application under my account/billing. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or deactivate the Retention Engine (see below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

You may deactivate the Retention Engine or cancel your account at any time. Deactivating the Retention Engine stops future fee accrual as of the end of the billing period in which you deactivate it; it does not affect your continued free access to the analytics component of the Service. If you cancel your account entirely, your access to the application will be terminated at the end of your current billing period, and any Retention Engine fee attributable to revenue attributed before that date remains due.

IX. Limitations on ClearGrowth’s Liability

ClearGrowth SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS OF THE APPLICATION, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF ClearGrowth HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ClearGrowth’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

X. Indemnification

You shall defend, indemnify and hold harmless ClearGrowth and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

XI. Account Termination

This Agreement will continue to apply until terminated by either you or ClearGrowth as set out below. If you want to terminate your legal agreement with ClearGrowth, you may do so by closing your account or send a notification via email to support@cleargrowth.ai. Your account will then be closed at the end of your billing period. Your ability to log in will then be deactivated and a final charge for any Member Service will be issued to your account within 30 to 60 days. Your account data will be removed within 15 days subject to and as explained in our Privacy Policy.

ClearGrowth may at any time, terminate its legal agreement with you:

  • if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
  • if ClearGrowth in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  • immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

XII. Company and Site Content

A. No Representations and Warranties by ClearGrowth

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE APPLICATION OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ClearGrowth MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE APPLICATION OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

ClearGrowth MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT IN THE APPLICATION OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ClearGrowth MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

XIII. Integration and Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if ClearGrowth does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which ClearGrowth has the benefit of under any applicable law), this will not be taken to be a formal waiver of ClearGrowth’s rights and that those rights or remedies will still be available to ClearGrowth.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and ClearGrowth regarding the subject matter of the same, and supersedes all other previous agreements.

XIV. Governing Law and Forum Disputes

This Agreement, and your relationship with ClearGrowth under this Agreement, shall be governed by the laws of the State of Utah without regard to its conflict or choice of laws provisions. Any dispute with ClearGrowth, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Third Judicial District for the State of Utah within the county of Salt Lake, Utah, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case ClearGrowth may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, ClearGrowth is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with ClearGrowth, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

XV. Copyright and Trademark Notices

You agree that the Service contains Content specifically provided by ClearGrowth or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.

You understand and agree that the term Content includes, without limitations, the application’s “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, advertisements, advice, suggestions, blogs, information, data, text, scripts, graphics, software (including html-based computer programs), interactive features generated, provided, or otherwise made accessible by ClearGrowth or its partners and any other material on or through the Service. All content in the application is protected under both United States and other applicable copyright, trademark and other laws.

You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (i) without the written consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

The Content and contents belong to or are licensed to ClearGrowth or its software or content suppliers. ClearGrowth grants you the right to view and use the application subject to these terms. You may download or copy reports and information, and other items made available to you as a Member, for your internal business use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than for your internal business use is expressly prohibited without prior written permission from ClearGrowth, or from the copyright holder identified in such Content’s copyright notice.

XVI. Disclaimer

A. Patent Information

Features and services within ClearGrowth products may be the subject matter of pending and issued patents assigned to ClearGrowth, LLC.

B. Trademark Information

ClearGrowth is a registered trademark and/or registered service mark of ClearGrowth LLC, or one of its subsidiaries, in the United States and other countries.

C. Copyright Information

ClearGrowth’s products, services, web content and related materials (collectively, “Offerings”) are owned by ClearGrowth and/or its licensors, and all rights in such Offerings are reserved by ClearGrowth and/or its licensors. For information regarding permission to use screen displays and other content, please contact us at sales@cleargrowth.ai.