Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Cleara ("we," "our," or "us") regarding your access to and use of the Cleara platform and services (the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

Cleara provides an AI-powered meeting recording and conversation analysis platform designed to help professionals improve their communication skills. Our Service includes:

• Automated meeting recording via virtual bot
• Real-time transcription with speaker identification
• AI-powered conversation analysis and coaching insights
• Calendar integration with Google Calendar and Microsoft Outlook
• Organisation collaboration features
• Performance tracking and analytics

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

You must be at least 16 years old to use our Service. By using the Service, you represent and warrant that you meet this age requirement.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

4.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You agree to update your information to keep it accurate and current.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Choose a strong, secure password
• Keep your password confidential
• Notify us immediately of any unauthorised access
• Be responsible for all activities under your account

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason we deem necessary to protect the Service or other users.

5.1 Consent Requirements

Before recording any meeting, you must:

• Inform all participants that the meeting will be recorded
• Obtain explicit consent from all participants as required by applicable law
• Comply with all relevant recording laws in your jurisdiction and the jurisdictions of all participants
• Respect any participant's objection to being recorded
• Comply with your organisation's recording policies

5.2 Jurisdictional Variations

Recording consent laws vary significantly by jurisdiction. Some jurisdictions require only one-party consent (your own), while others require all-party consent. You are responsible for understanding and complying with the laws applicable to you.

5.3 UK-Specific Requirements

In the United Kingdom, you must comply with:

• The Regulation of Investigatory Powers Act 2000 (RIPA)
• UK GDPR and Data Protection Act 2018
• Common law privacy requirements
• Employment law considerations for workplace recordings

5.4 Indemnification

You agree to indemnify, defend, and hold harmless Cleara, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising from your failure to obtain proper consent or comply with applicable recording laws.

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Record meetings without proper consent from all participants
• Harass, abuse, threaten, or intimidate any person
• Upload or transmit viruses, malware, or malicious code
• Attempt to gain unauthorised access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use the Service for any illegal, fraudulent, or malicious purpose
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or modify any proprietary notices or labels
• Use automated systems to access the Service without permission

We reserve the right to investigate and take appropriate legal action against anyone who violates this Acceptable Use Policy.

7.1 Subscription Plans

Cleara offers various subscription plans with different features and usage limits. Current pricing and plan details are available on our website.

7.2 Billing

By subscribing to a paid plan, you agree to pay all applicable fees. All fees are:

• Charged in advance on a recurring basis
• Non-refundable except as required by law
• Subject to applicable taxes
• Processed through our payment provider, Stripe

7.3 Usage Limits

Your subscription includes a specified number of meeting minutes per month. If you exceed your plan limits, additional fees may apply or recording functionality may be restricted until the next billing cycle.

7.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time from your account settings.

7.5 Price Changes

We may change our prices at any time. We will provide at least 30 days' notice of any price increases. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

7.6 Refund Policy

Subscription fees are generally non-refundable. However, we may provide refunds on a case-by-case basis at our sole discretion. If you believe you are entitled to a refund, please contact our support team at support@withcleara.com.

8.1 Our Intellectual Property

The Service, including all content, features, functionality, software, and design, is owned by Cleara and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose.

8.2 Your Content

You retain all ownership rights to your meeting recordings, transcripts, and other content you upload to the Service ("Your Content"). By using the Service, you grant us a limited license to:

• Store and process Your Content to provide the Service
• Use Your Content to improve our AI models (in anonymised form only, and only with your explicit consent)
• Display Your Content to you and authorised users in your organisation

8.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you.

Our Service integrates with third-party services including:

• Recall.ai (meeting recording and transcription)
• OpenAI (conversation analysis)
• Stripe (payment processing)
• Google Calendar and Microsoft Outlook (calendar integration)

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the actions or policies of these third parties.

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

We comply with the UK GDPR and Data Protection Act 2018. You have various rights regarding your personal data as detailed in our Privacy Policy.

11.1 "As Is" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 No Guarantee of Accuracy

We do not guarantee that:

• The Service will meet your requirements
• The Service will be uninterrupted, timely, or error-free
• Transcriptions will be 100% accurate (AI transcription has limitations)
• AI-generated insights and coaching recommendations will be accurate or appropriate for your situation
• Recordings will always be successful

11.3 Professional Advice

The insights and recommendations provided by our Service are for informational purposes only and do not constitute professional advice. You should not rely solely on our Service for important decisions. Always exercise your own judgment and, where appropriate, seek professional advice.

11.4 Third-Party Content

We are not responsible for the accuracy, reliability, or legality of any third-party content or services accessed through our platform.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Exclusion of Liability

CLEARA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Business interruption
• Legal claims arising from failure to obtain recording consent
• Inaccurate transcriptions or analysis
• Failed recordings

12.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR £100, WHICHEVER IS GREATER.

12.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded under UK law

You agree to indemnify, defend, and hold harmless Cleara, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your use or misuse of the Service
• Your violation of these Terms
• Your failure to obtain proper consent before recording meetings
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your Content

14.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account from the account settings. Upon termination, your data will be deleted in accordance with our Privacy Policy (within 90 days).

14.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, for any reason including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended inactivity

14.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You remain liable for all outstanding fees
• Provisions that by their nature should survive termination will continue to apply (including warranties, disclaimers, limitations of liability, and indemnification)

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

15.2 Jurisdiction

You agree that any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15.3 Dispute Resolution

Before filing any formal legal action, you agree to first contact us at support@withcleara.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cleara regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 Notices

We may provide notices to you via email or through the Service. You agree that electronic delivery constitutes adequate notice.

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