Haut Technologies Inc.

Terms and Conditions

Effective as of January 4, 2021.

This agreement constitutes a binding legal contract between Haut Technologies Inc. (“Clear”) (sometimes referred to as “we”, “us” or “our”) and you, with respect to your use of https://getclearapp.com/ and all websites, applications and communications that post a link to this agreement (collectively, the “Site”)(“Terms and Conditions”).

We reserve our right to change these Terms and Conditions in the future. Except as explicitly stated otherwise, your continued use of the Site will constitute deemed acceptance of our updated Terms and Conditions.

Our Site is not directed to anyone under the age of 13 or the minimum age at which a person may use the Site in your state, province or country if it is older than 13. If we become aware that you are under this age, we will suspend your use of the Site and delete your account and data. Other terms may apply to our Site which require you to be even older to use them. So, please review these carefully when prompted.

1. Site

We may from time to time, at our sole and absolute discretion and without notice to you, update the Site (or any part of it). We will not be liable to you or any third party for any modification, variation, interruption, suspension or discontinuation of the Site.
The Site may provide links to third party websites that are not owned, managed or controlled by us. You expressly acknowledge and agree that we are not responsible for the content of those third party websites. You are encouraged to read that third party’s terms and conditions, privacy policy and any other document that governs your relationship with that third party.
The Site uses cookies in accordance with our Cookies Policy, which can be found here: https://getclearapp.com/cookiepolicy.html.

2. Account

To access certain features on the Site, you may be required to create an account with us in the form provided by us.
You agree that by registering an account with us that you: all information you provide to us during the registration process is true and accurate to the best of your belief; and you have capacity to enter into contractual arrangements.
You agree that you are solely responsible for your account and all activities conducted on your account. You must keep your password and any other login information private and secure. Your account is registered to you, and you may not assign, transfer or otherwise dispose of your interest in your account without our express written permission.
We may, from time to time, provide rules that govern your activities whilst using your account (“Account Rules”). You expressly acknowledge and agree that you will abide by these Rules. Should you be in breach of the Account Rules, we may (at our absolute and sole discretion) restrict, prohibit, suspend or terminate your account. Should your account be terminated in accordance with this clause, we are not liable to you, or any third party, for any loss or damage suffered.
You may terminate your account, for any reason, by notifying us. You agree, however, that by terminating your account, your experience on the Site may be limited. We are not liable to you, or any third party, for any loss or damage suffered because of this.
Certain features of the Site, including Premium Services, are only available to users with an active paid subscription. If you choose to subscribe, you remain responsible for maintaining the security of your account and payment details. Any additional rules or policies relating to Premium Services form part of these Terms and Conditions and apply to you as a Premium user.

3. Communications

By using the Site and providing your e-mail address, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may unsubscribe from these emails at any time.

4. User Submitted Content

The Site may allow you to publish, share, store and otherwise make available certain information, text, graphics, videos, or other content (“Content”).
We cannot guarantee the accuracy, integrity or quality of Content posted by users of the Site.
We are not liable for any statements, representations, or Content provided by Site users. Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of Clear.
You represent and warrant that you own or otherwise control the Content you post on the Site, and that the sharing of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content you grant us a perpetual, worldwide, irrevocable, unrestrictive, non-exclusive royalty-free licence to use any Content in any manner whatsoever without compensation or attribution to you.

5. Objectionable Content and Behaviors

Content may not be submitted to the Clear app if it includes, is in conjunction with, or alongside any Objectionable Content. Objectionable Content encompasses, but is not limited to: (i) sexually explicit materials; (ii) hate speech, including discriminatory or derogatory language targeting individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic; (iii) violence, including depictions or facilitation of gratuitous violence or dangerous activities; (iv) content related to violent extremism, including promotion, preparation, or glorification of acts of violence against civilians; (v) insensitivity toward sensitive events with significant social, cultural, or political impact; (vi) bullying and harassment, including threats or facilitation thereof; (vii) promotion of dangerous products such as explosives, firearms, ammunition, marijuana, tobacco, alcohol, or related accessories; and (viii) gambling, including online casino, sportsbooks, bingo, or poker.

6. Prohibited Uses

Unless explicitly agreed by us, you acknowledge and agree that you may not use our Site for the following purposes:
use the Site in any way that violates any applicable local, national or international law or regulation
impersonate or attempt to impersonate any person or entity
engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
monitor or copy any of the material on the Site for any unauthorized purpose without our prior written consent
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site
use the Site in any manner that could disable, overburden, damage, or impair the Site
attempt to interfere with the proper working of the Site in any way whatsoever

7. Fees and Payment

You may be required to purchase or pay a fee to access some features of the Site. You agree to pay all fees due and payable to us (including all applicable taxes) at the prices then in effect for your purchases.
You represent and warrant that the information you provide to us is true, correct and complete.
Where payments are processed through our Site using third party payment processors, you also agree to any terms and conditions set by those payment processors.

8. Specifications

We may, from time to time, set certain minimum specifications required to access our Site to ensure all users have the best possible experience. You are solely responsible to obtain, keep and maintain all equipment and other software that meets our minimum specifications to enable you to have the best possible experience of our Site.
We may from time to time, at our sole discretion and without notice to you, make variations, modifications, alterations or updates to our Site (“Enhancements”). These Enhancements may be made to improve our Site to you or to comply with relevant legal requirements.
We will use reasonable endeavors to notify you of any scheduled disruptions to our Site, including those due to any Enhancements. However, regardless of whether a disruption is scheduled or not, we are not liable to you or any third party for any loss or damage caused by any disruption to our Site.

9. Copyrights and Trademarks

Except as expressly stated otherwise, you acknowledge and agree that the original content on the Site, and the software, features and functionality comprising the Site are the exclusive property of Clear (the “Materials”) and its licensors
You agree you will not copy, reproduce, create derivative works from, transmit or distribute the Materials in any way without our prior written consent.

10. Limitation of Liability, Indemnities and Warranties

Except as expressly provided by law, we shall not be liable to you or any third parties for any loss, damage, expenses or any other liability arising directly or indirectly from the performance of our services to you. To the fullest extent permitted by law, all warranties or conditions implied by statute, at law, by trade, custom or otherwise are excluded.
Where you access Premium Services, you acknowledge and agree that such services are provided on an “as is” and “as available” basis. Clear does not guarantee that Premium Services will meet your expectations, improve your health, skincare, or wellness outcomes, or be uninterrupted or error-free. To the fullest extent permitted by law, we disclaim all liability for any decision you make based on Premium features, insights, or content.
You acknowledge and agree that you assume sole and entire responsibility for, and indemnify and hold us harmless from, any and all claims, liabilities, losses, expenses, responsibilities and damages by reason of any claim, proceedings, action, liability or injury arising out of or as a result of (i) your conduct in relation to these Terms and Conditions; (ii) your use of any material, advice or other results of the services provided to you; (iii) your relations with your clients and/or other third parties; or (iv) any breach of these Terms and Conditions by you.

11. Term and Termination

These Terms and Conditions will remain in full force and effect while you use the Site.
We may, without notice to you, immediately stop providing any services to you at our sole discretion for any reason whatsoever.
Where these Terms and Conditions are terminated in accordance with these Terms and Conditions, they will terminate without prejudice to any rights either party may have had against the other prior to termination. Further, all provisions of which by their nature should survive termination shall survive termination, including, without limitation: (i) all intellectual property you have granted us under these Terms and Conditions; and (ii) your obligation to pay any fees due to us at the time of termination; and (iii) warranty disclaimers, indemnity and limitations of liability.

12. Modifications

We may modify these Terms and Conditions at any time by posting the modified Terms and Conditions to the Site. Your continued use of the Site following the modification of the Terms and Conditions means that you accept and agree to be bound by the modified Terms and Conditions. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

13. Assignment

These Terms and Conditions will bind and inure for the benefit of the parties, including their respective successors, permitted assigns and legal representatives.
We may, without notice to you, immediately stop providing any services to you at our sole discretion for any reason whatsoever.
Provided your rights are not affected under these Terms and Conditions, we will be permitted to assign our interest in these Terms and Conditions without prior notice to you. However, you may not assign, transfer, novate or other dispose of your rights and obligations under these Terms and Conditions without our express written approval (which we may withhold in our sole discretion).

14. Privacy

You acknowledge that you have read and understood the terms of Clear’s Privacy Policy, which can be found here: https://getclearapp.com/privacypolicy.html. You agree that we may use your information (including disclosure to third parties) in accordance with the terms of our Privacy Policy.

15. Non-Waiver

Our failure to exercise, or delay in exercising, our rights under these Terms and Conditions does not operate as a waiver of that right.

16. Exclusion of Implied Relationships

Nothing in these Terms and Conditions shall be deemed or construed to constitute any party a partner, agent, representative, employer or employee of another party or to create any trust or commercial partnership unless specifically otherwise provided. We do not owe you any duty of good faith under these Terms and Conditions.

17. Severability

If any part of these Terms and Conditions are held to be illegal, invalid, or unenforceable, then that part shall be deemed deleted and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.

18. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to the Company’s services and supersede all previous versions of the Terms and Conditions, understandings, arrangements, agreements, and communications, whether verbal or written, between the parties.

19. Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with California law. Both parties agree to submit to the jurisdiction of the courts of California with respect to any claim or dispute arising out of these Terms and Conditions.

20. Prohibition of Child Sexual Abuse and Exploitation

We unequivocally prohibit any form of content, behavior, or interaction that facilitates or promotes the exploitation or abuse of children. We adhere to strict guidelines to ensure the safety and well-being of all users, especially children. Failure to comply with these guidelines will result in immediate removal from our platform.

Prohibited Activities Include:

Creation, Upload, or Distribution of Child Sexual Abuse Materials: We do not allow users to create, upload, or distribute any content that exploits or abuses children sexually. This includes but is not limited to images, videos, or any other form of media that depicts child sexual abuse.
Endangerment of Children: We not tolerate endangerment to children in any way. This includes promoting predatory behavior towards children such as inappropriate interactions, grooming, sexualization of minors, sextortion, trafficking of children, or any other form of exploitation.
Inappropriate Themes in Apps Appealing to Children: We do not promote adult themes, including excessive violence, blood, gore, or any content that encourages harmful or dangerous activities. Furthermore, we do not promote negative body image or self-esteem issues, including content related to plastic surgery, weight loss, or other cosmetic adjustments.

We have implemented robust reporting mechanisms to swiftly address any instances of child sexual abuse or exploitation. Users can report such content directly through our platform. We cooperate with law enforcement agencies and child safety organizations to ensure appropriate action is taken against perpetrators.

21. Accessibility Statement

We are committed to ensuring digital accessibility for people with disabilities. We strive to meet Level AA of the Web Content Accessibility Guidelines (WCAG) 2.1.

While we strive to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the Site. We are continually seeking solutions that will bring all areas of the Site up to the same level of overall accessibility. In the meantime, should you experience any difficulty in accessing the Site, please do not hesitate to contact us at help@getclearapp.com.

Our Site may contain third-party content or links to third-party websites. We do not have control over the accessibility or usability of third-party content and are not responsible for any issues that may arise from accessing third-party websites or content.

22. Fees, Payment, and Premium Subscriptions

We may offer certain enhanced features or content of the Site on a paid subscription basis (“Premium Services”). Access to Premium Services requires payment of applicable fees (the “Subscription Fees”). By subscribing, you agree to pay the Subscription Fees and any applicable taxes at the rates disclosed at the time of purchase.
We may offer free trials or promotional discounts for Premium Services. Unless cancelled prior to the end of the trial period, your subscription will automatically convert into a paid subscription and you authorize us (or our third-party payment processor) to charge your payment method for the Subscription Fees.
Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually, depending on your plan). Unless you cancel your subscription before the end of the current billing cycle, your subscription will automatically renew under the same terms. You authorize us to charge the Subscription Fees to the payment method provided until you cancel.
You may cancel or manage your Premium Services subscription at any time through your account settings or through the platform where you originally purchased (e.g., Apple App Store, Google Play Store). Cancellation will take effect at the end of the current billing period. You will continue to have access to Premium Services until the end of that period, and no refunds or credits will be provided for partial months or unused services, except as required by law.
Except where required by applicable law, all payments are non-refundable. If you are entitled to a refund under local consumer laws, such refunds will be processed through the original payment method.
We reserve the right to change our Subscription Fees at any time. Any price changes will take effect after we provide reasonable notice. Your continued use of the Premium Services after the price change becomes effective constitutes your agreement to pay the updated Subscription Fees.
Premium Services may include additional tools, features, or content such as advanced insights, unlimited access to certain content, or early access to new features. We reserve the right to add, remove, or modify Premium features at our discretion, and such changes will not entitle you to a refund.