Clearmargin

Introduction

Welcome to Clearmargin. These Terms of Service ("Terms") govern your access to and use of the Clearmargin platform, including our website, applications, and related services (collectively, the "Service").

By creating an account 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 that you have the authority to bind that organization to these Terms.

Please read these Terms carefully before using the Service. If you do not agree to these Terms, you may not access or use the Service.

1. Account Registration and Responsibilities

1.1 Account Creation

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

1.2 Account Security

You are responsible for:

Maintaining the confidentiality of your login credentials
All activities that occur under your account
Notifying us promptly at support@clearmargin.app if you suspect unauthorized access

We are not liable for any losses arising from unauthorized use of your account.

1.3 Account Requirements

You represent and warrant that:

You are at least 18 years of age (or the age of legal majority in your jurisdiction)
You have the legal capacity to enter into these Terms
Your use of the Service will comply with all applicable laws

1.4 Team and Organization Accounts

If you create an Organization or invite team members:

You are responsible for your team members' compliance with these Terms
You must have authorization to share any data you provide about or on behalf of team members
Organization owners and administrators are responsible for managing access permissions appropriately

2. Subscription and Billing

2.1 Subscription Plans

The Service is offered through subscription plans as described on our pricing page. Features, limitations, and pricing vary by plan.

2.2 Free Trial

We offer a 14-day free trial for new accounts. During the trial period:

You have access to the features specified for your selected plan
No payment information is required to start your trial
At the end of the trial, you must subscribe to a paid plan to continue using the Service

2.3 Billing and Payment

Subscriptions are billed in advance on a monthly or annual basis
Payment is due at the beginning of each billing period
All fees are stated in USD and are exclusive of applicable taxes
You authorize us to charge your designated payment method for all applicable fees

2.4 Automatic Renewal

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

2.5 Price Changes

We may change our subscription fees with reasonable advance notice. Price changes will take effect at the start of your next billing period following notice.

2.6 Refunds

Monthly subscriptions: No refunds for partial billing periods
Annual subscriptions: Pro-rata refunds may be available within the first 30 days, at our discretion

3. Acceptable Use Policy

3.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. The Service is intended for managing proposals, time tracking, expenses, invoicing, payments, and related business functions.

3.2 Prohibited Activities

You agree not to:

Use the Service for any unlawful purpose or to violate any laws
Engage in fraudulent, deceptive, or misleading activities
Attempt to gain unauthorized access to the Service or other accounts
Circumvent, disable, or interfere with security features
Introduce viruses, malware, or other harmful code
Interfere with or disrupt the Service or connected networks
Use automated means (bots, scrapers) to access the Service without permission
Reverse engineer, decompile, or disassemble any aspect of the Service
Resell, sublicense, or redistribute the Service without authorization

4. Intellectual Property

4.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by Clearmargin Inc. 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 your internal business purposes during your subscription term.

4.2 Your Content

You retain all ownership rights to your content. We do not claim any intellectual property rights over the data, files, or information you upload to or create through the Service.

By using the Service, you grant us a limited license to:

Store, process, and display your content as necessary to provide the Service
Create backups for disaster recovery purposes

4.3 Feedback

If you provide suggestions or feedback about the Service, you grant us a perpetual, royalty-free license to use that feedback for any purpose without compensation.

5. Your Data

5.1 Data Ownership

You own your data. All financial records, client information, project data, time entries, invoices, and other business information you input remains your property.

5.2 Data Portability

We provide export features for core data types in your account dashboard. Upon termination, we will make reasonable efforts to provide an opportunity to export your data. You are responsible for maintaining your own backups of important data.

5.3 Data Processing

Our collection, use, and protection of your data is governed by our Privacy Policy.

6. Service Availability and Disclaimers

6.1 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, emergency repairs, or factors beyond our control.

6.2 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the Service will be uninterrupted, error-free, or secure

6.3 No Professional Advice

The Service is a tool for tracking and organizing business financial data. It does not constitute accounting, tax, legal, or other professional advice. Consult qualified professionals for advice specific to your situation.

7. Limitation of Liability

7.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARMARGIN INC. SHALL NOT BE LIABLE FOR ANY:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, business opportunities, or goodwill
Cost of procurement of substitute services

7.2 Cap on Liability

Our total cumulative liability shall not exceed the greater of: the total fees paid by you during the 12 months preceding the claim, or one hundred dollars ($100).

7.3 No Liability for Data Loss

We are not liable for any loss of data. You are responsible for maintaining your own backups of any data you consider important.

8. Indemnification

You agree to indemnify, defend, and hold harmless Clearmargin Inc. from any claims, liabilities, damages, losses, and expenses arising out of:

Your use of the Service
Your violation of these Terms
Your violation of any rights of a third party
Your content or data uploaded to the Service

9. Termination

9.1 Termination by You

You may terminate your account at any time by:

Canceling your subscription through your account settings
Contacting us at support@clearmargin.app

9.2 Termination by Us

We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees when due, or if we are required to do so by law. We may also terminate your account for any other reason with reasonable notice.

9.3 Effect of Termination

Upon termination:

Your right to access the Service immediately ceases
You may request export of your data for a reasonable period following termination
We may delete your data after a reasonable retention period

10. Dispute Resolution

10.1 Informal Resolution

Before initiating formal dispute resolution, contact us at support@clearmargin.app to attempt to resolve any dispute informally.

10.2 Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law principles.

10.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

10.4 Time Limitation

Any claim arising out of or related to these Terms must be filed within one (1) year after the claim arose.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes:

We will post the updated Terms on our website
We will update the "Last Updated" date
We will make reasonable efforts to notify you before changes take effect

Your continued use of the Service after the effective date constitutes your acceptance of the changes.

12. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Clearmargin Inc.
Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
Waiver: Our failure to enforce any right does not constitute a waiver.
Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure: We are not liable for any failure or delay in performance due to events beyond our reasonable control, including natural disasters, pandemics, cyberattacks, or failures of third-party service providers.
No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.
Beta Features: We may offer features labeled as "beta," "preview," or "experimental." These are provided as-is with no warranties of any kind and may be modified or discontinued at any time without notice.

Contact Us

If you have questions about these Terms:

Email: support@clearmargin.app