Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and KLEAR CRM, Inc. ("KLEAR CRM," "we," "our," or "us") governing your access to and use of the KLEAR CRM platform, website, mobile applications, APIs, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use our Service.

2. Description of Service

KLEAR CRM is a customer relationship management platform that provides:

• Business phone services (voice calls, SMS, MMS messaging)
• Contact and lead management
• Communication tracking and history
• Pipeline and deal management
• Team collaboration features
• Third-party integrations (Instagram, social media, etc.)
• Reporting and analytics
• API access for custom integrations

3. Account Registration and Security

3.1 Account Creation

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

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring that team members with access comply with these Terms

3.3 Account Types

If you create a team account, you may invite additional users. As the account owner, you are responsible for the actions of all users you invite and must ensure they comply with these Terms.

4. Subscriptions and Payment

4.1 Subscription Plans

Access to certain features of the Service requires a paid subscription. Subscription plans, features, and pricing are described on our website and may change from time to time.

4.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Usage-based charges (phone minutes, SMS messages, etc.) are billed in arrears
• All fees are non-refundable except as expressly stated in these Terms
• You authorize us to charge your payment method for all fees incurred

4.3 Price Changes

We may change our prices at any time. Price changes will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle.

4.4 Taxes

Fees do not include taxes. You are responsible for all applicable taxes, and we will charge taxes where required by law.

4.5 Late Payment

If payment fails, we may suspend or terminate your access to the Service. Unpaid amounts may accrue late fees of 1.5% per month or the maximum rate permitted by law, whichever is less.

5. Customer Data

5.1 Your Data

"Customer Data" means all data, content, and information that you or your users upload, submit, or create using the Service, including but not limited to contact information, communication content, files, and any other data entered into the platform.

You retain all rights to your Customer Data. We do not claim ownership of your Customer Data.

5.2 License to Us

You grant us a limited, non-exclusive, worldwide license to use, copy, store, transmit, and display your Customer Data solely as necessary to provide, maintain, and improve the Service. This license terminates when you delete your Customer Data or close your account.

5.3 Your Responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of your Customer Data
• Obtaining all necessary rights, consents, and permissions to collect and use your customers' personal information
• Complying with all applicable laws regarding your Customer Data, including privacy laws, data protection regulations, and telecommunications laws
• Maintaining appropriate backups of your Customer Data
• Providing appropriate privacy notices to your customers

5.4 Data Processing

To the extent we process personal data on your behalf, we act as a data processor and you act as the data controller. Our Privacy Policy describes how we handle data.

6. Acceptable Use Policy

You agree not to use the Service to:

6.1 Prohibited Content

• Send spam, unsolicited messages, or bulk commercial communications without proper consent
• Transmit malware, viruses, or harmful code
• Distribute illegal, defamatory, obscene, or offensive content
• Share content that infringes intellectual property rights
• Engage in harassment, threats, or abuse
• Promote illegal activities or violence

6.2 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Violate telecommunications laws including TCPA, CAN-SPAM, and carrier policies
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Circumvent usage limits or access controls
• Reverse engineer, decompile, or disassemble the Service
• Use the Service for competitive analysis or to build a competing product
• Resell or redistribute the Service without authorization
• Use automated tools to access the Service except through our API
• Engage in fraudulent activities or impersonate others

6.3 Telecommunications Compliance

When using our phone and messaging services, you must comply with:

• TCPA (Telephone Consumer Protection Act): Obtain proper consent before sending automated calls or texts
• CAN-SPAM Act: Follow requirements for commercial messages
• Do Not Call regulations: Honor opt-out requests and Do Not Call lists
• Carrier policies: Comply with wireless carrier requirements for A2P messaging
• 10DLC registration: Complete required carrier registration for business messaging

6.4 Enforcement

We reserve the right to investigate violations and may suspend or terminate accounts that violate this policy. We may report illegal activities to law enforcement.

7. Third-Party Integrations

7.1 Third-Party Services

The Service integrates with third-party platforms and services, including Instagram (Meta), phone carriers, email providers, and others. These integrations are subject to the terms and policies of those third parties.

7.2 Instagram Integration

When connecting Instagram, you:

• Authorize us to access your Instagram business account and messages
• Agree to comply with Instagram's Terms of Use, Community Guidelines, and Platform Policy
• Acknowledge that Instagram may limit or revoke access at any time
• Accept that we are not responsible for Instagram's actions or service availability

7.3 No Endorsement

Integration with third-party services does not imply endorsement. We are not responsible for the functionality, availability, or policies of third-party services.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including all software, content, features, functionality, trademarks, and documentation, is owned by KLEAR CRM and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service.

8.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during your subscription term.

8.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use it without obligation to you.

9. Confidentiality

9.1 Confidential Information

"Confidential Information" means non-public information disclosed by either party that is designated as confidential or should reasonably be understood to be confidential.

9.2 Protection

Each party agrees to protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care.

9.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party before disclosure
• Is independently developed by the receiving party
• Is lawfully received from a third party without restriction

10. Disclaimer of Warranties

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

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• DEFECTS WILL BE CORRECTED
• THE SERVICE WILL MEET YOUR REQUIREMENTS
• ANY RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE
• THIRD-PARTY INTEGRATIONS WILL FUNCTION PROPERLY

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• KLEAR CRM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL
• OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless KLEAR CRM and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your Customer Data
• Your violation of these Terms
• Your violation of any applicable laws or third-party rights
• Any claims by your customers or end users

13. Term and Termination

13.1 Term

These Terms are effective until terminated. Your subscription continues until cancelled or terminated.

13.2 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

13.3 Termination by Us

We may suspend or terminate your access if:

• You breach these Terms
• You fail to pay fees when due
• Your use poses a security risk
• Required by law or court order
• We discontinue the Service (with reasonable notice)

13.4 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You remain liable for all fees incurred
• We will delete your Customer Data within 90 days unless legally required to retain it
• Provisions that should survive termination will remain in effect

13.5 Data Export

You may export your Customer Data at any time before termination using the export features in the Service or by contacting support.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@klearcrm.com to attempt to resolve the dispute informally.

14.2 Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration shall be conducted in English and take place in San Francisco, California.

14.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

14.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or violations of the Acceptable Use Policy.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

15.2 Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service. Continued use after changes take effect constitutes acceptance of the new Terms.

15.3 Entire Agreement

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

15.4 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

15.5 Waiver

Failure to enforce any right or provision is not a waiver of that right or provision.

15.6 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

15.7 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, or internet outages.

16. Contact Us

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