Terms of Use
Acceptance of Terms
By engaging with Clearly.me, both Users and Clients agree to these Terms of Use. This forms a legally binding agreement between you and Clearly.me.
Cancellation Policy
Within 30 Days: You may cancel your subscription within the first 30 days for a full refund.
After 30 Days: Cancellations made after 30 days will take effect at the end of the current subscription term. Once the term ends, access to Clearly.me services will be terminated.
How to Cancel: To cancel your subscription, contact Clearly.me support:
- Call: 1.877.959.6199
- Email: support@clearly.me
Payment Terms
Currency: All fees are payable in U.S. dollars (USD), as specified in your Order.
Secure Payment Processing: Clearly.me partners with a PCI DSS-compliant third-party provider for secure payment processing.
Failed Payments: If your credit card payment is declined, Clearly.me may attempt to process the payment again.
Client & Participant Responsibilities
Participant Consent and Use of Information
By participating in Clearly.me assessments, Users consent to sharing their assessment results with the entity that provided access to the Service. Users also agree to receive service updates and relevant communications from Clearly.me. Participation implies agreement to the Clearly.me Privacy Policy, which governs how personal information is handled.
Client’s Responsibilities & Restrictions
You agree not to reproduce, distribute, or disclose proprietary Assessments and Content provided through the Service to third parties. The integrity and confidentiality of the Assessment process and res
ults must be maintained, acknowledging that such materials are protected by copyright, trade secrets, and constitute Clearly.me Confidential Information.
Acceptable Use Policy (AUP)
By using the Service, you agree not to:
- Post, share, or transmit content that is illegal, harmful, abusive, defamatory, invasive of privacy, or offensive in any way.
- Engage in activities that harm or exploit minors.
- Impersonate others or misrepresent your affiliation with any entity.
- Manipulate identifiers to disguise the origin of content shared via the Service.
- Disrupt the Service, its servers, or connected networks.
- Violate any laws or regulations at local, state, national, or international levels.
- Support or hide support for organizations identified as terrorist by the U.S. government.
Consequences of Non-compliance: Violating this Acceptable Use Policy can result in actions including but not limited to:
- Suspension or termination of your account.
- Legal actions against you.
- Financial responsibility for the costs related to investigation and correction of violations.
We reserve the right to employ any remedial actions deemed necessary.
Reporting Violations: If you witness or become aware of a breach of this AUP, please report it to us at support@clearly.me with “AUP Violations” as the subject.
Intellectual Property
Clearly.me retains exclusive ownership of all intellectual property related to its services.
Clients and Users are granted a limited, non-transferable license to access and use the Service for the specific purpose of their engagement.
This intellectual property includes, but is not limited to, software, databases, trademarks, logos, assessments, content, reports and documentation associated with Clearly.me’ services.
Access by Clients, Users, or others does not transfer any of these intellectual property rights or create any ongoing right of usage beyond the subscription period. Clients and Users agree not to:
- Modify
- Distribute
- Create derivative works from
- Decompile
- Reverse engineer
- Disassemble any portion of the Service, except as permitted by applicable law.
Unauthorized use, reproduction, or distribution of any content or proprietary information is strictly prohibited and may result in civil and criminal penalties.
Marketing & Promotional Activities
Reviews, Testimonials, and Feedback: When you provide a review, testimonial, or any feedback about our Services, or when you post such content publicly, we may share this information publicly as part of our promotional activities. This helps others understand the value we provide to our Clients.
Indemnification
Indemnification by Clients and Users: Client and Users agree to indemnify, defend, and hold harmless Clearly.me, its officers, directors, employees, agents, and any third-party information providers to the Service from any losses, expenses, damages, and costs, including reasonable attorneys’ fees. This indemnification applies to any claims arising from:
Violation of these Terms of Use
Any activity related to their account, including negligent or wrongful conduct by them or anyone accessing the Service using their account credentials. This indemnification includes protection against indirect, incidental, punitive, and consequential damages.
Indemnification by Clearly.me: Clearly.me agrees to indemnify, defend, and hold harmless the Client, along with the Client’s officers, directors, and employees, from any losses, expenses, damages, or costs, including reasonable attorneys’ fees, arising from a claim that the Clearly.me portal or Services, or the Client’s use of them, infringes on the intellectual property or other proprietary rights of a third party.
Limitation of Liability
Clearly.me, including its directors, employees, agents, and affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses arising from:
- Your access to, use of, or inability to access or use the Service.
- Any conduct or content of third parties on the Service.
- Any content obtained from the Service.
- Unauthorized access, use, or alteration of your transmissions or content.
This limitation of liability applies regardless of the legal theory (warranty, contract, tort, including negligence, or otherwise), and even if Clearly.me has been advised of the possibility of such damages. This applies even if any remedy provided in these Terms is found to have failed its essential purpose.
Legal & Compliance
Clearly.me and its Clients and Users agree to comply with all applicable laws, regulations, and codes of practice when using the Service. This includes laws related to data protection, privacy, and intellectual property rights.
Limitations, Exclusions, and Disclaimers: Clearly.me provides the Service “as is” and makes no representations or warranties of any kind, express or implied, as to the operation of the Service, the information, content, materials, or products included on the Service. To the full extent permissible by applicable law, Clearly.me disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Clearly.me will not be liable for any damages arising from the use of the Service, including direct, indirect, incidental, punitive, and consequential damages.
Term & Termination
This Agreement is effective upon acceptance and remains in effect until terminated. Clearly.me may terminate or suspend access to the Service immediately, without notice, if you breach the Terms of Use. Upon termination, all rights to use the Service will cease immediately.
Entire Agreement, Governing Law, & General Provisions
This Agreement, along with any future amendments, constitutes the entire understanding between you and Clearly.me and supersedes all prior agreements. It is governed by the laws of the State of Texas. Any disputes arising from this Agreement shall be resolved in the courts of Tarrant County, Texas, and both parties agree to submit to the exclusive jurisdiction of those courts.
Severability: If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will continue to be in full effect.
Waiver: Failure by Clearly.me to enforce any part of this Agreement does not waive our right to enforce that part or any other part in the future.
Assignment: You may not transfer or assign any of your rights or obligations under this Agreement without written consent from Clearly.me. Clearly.me may transfer or assign its rights and obligations without restriction.
This Agreement is binding on both parties, as well as their successors and any permitted assignees.
Definitions
For clarity within this Agreement, the following definitions apply:
Application or App: The dedicated online interface provided by Clearly.me where Clients and Users can access the Service to complete assessments, view results, enter questions, view responses, and manage their interaction history.
Service: Clearly.me web-based personality assessment and autobiographical profile, question and answer engine, interaction history, social networking and sharing tools.
Client: Any business, organization, or entity that enters into an agreement with Clearly.me to use the Service, and on whose behalf Users and Users engage with the Service.
Account Owner: The individual recognized by Clearly.me as the primary holder and administrator of the Application account.
User: Any individual using the Service on behalf of the Client.
Client Data: Electronic data submitted or collected through the Service by or from the Client.
Free Trial: Complimentary access for a limited time to the Service for evaluation purposes.
Order: A formal request for the Service by the Client, accepted by Clearly.me.
Term: The duration of the agreement between the Client and Clearly.me as specified in the Order, during which the Client and authorized Users are permitted to use the Service under the terms agreed upon.
Content: All content available through the Service’s Portal account.
Assessment(s): A structured evaluation provided through the Service, designed to measure various attributes such as personality, behavior, and career preferences of Users.
Consultant: Specialist providing consulting services for Clearly.me.
Disclaimer
The information provided by clearly.me is for entertainment and general informational purposes only. All information on clearly.me is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information provided by clearly.me.