Terms of service | Clientary (2024)

1. ACCEPTANCE OF TERMS OF USE

Clientary is a service, including but not limited to clientary.com (the "Website") and software applications downloadable or made accessible therein (the "Applications") owned by Unbrew, Inc ("we", "us", "our").

By accessing and using the Applications, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE APPLICATIONS IN ANY MANNER. We reserve the right to limit or terminate your access to the Applications if you do not comply with these Terms of Use.

We reserve the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Applications after the posting of any changes to the Terms of Use means that you have accepted those changes.

2. ACCOUNT TERMS

1. You must be 18 years or older to use the Applications.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You may only create or have access to one Free account with the Application. Any additional Free accounts are subject to deletion at our discretion.
5. Created user accounts may only be used by one person - a single login shared by multiple people is not permitted.
6. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7. You may not use the Applications for any illegal or unauthorized activities.

3. COPYRIGHT AND CONTENT OWNERSHIP

1. We claim no intellectual property rights over the material you provide to the Applications.
2. The Applications and all source code including HTML, CSS, JavaScript and images are copyright © Unbrew, Inc.

4. PAYMENT, REFUNDS, FEES, UPGRADING AND DOWNGRADING

1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. Paying accounts will be billed/charged upon completion of account creation process.
3. You are responsible for the trial of the Applications using the free plan prior to usage of a paying plan. If you activate a paying account, you waive your right to a trial of the Applications.
4. Service of the Applications is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For the purposes of equality, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrade is only available when the account is eligible for the target downgrade plan.

5. THIRD PARTY INTEGRATIONS

1. You are solely responsible for applicable fees by third parties due to integration with the Applications, including, but not limited to fees associated with payment processing.
2. You are solely responsible for obtaining authorization, including, but not limited to Credit Card or ACH authorization, from any customers or clients whose payment information is collected or processed through the Applications.
3. You are solely responsible for processing any refunds or reversals that arise as a result of payment collected from third parties through the Applications.
4. You are solely responsible for complying with any local laws, regulations, or enforceable rules, including, but not limited to laws regarding taxation, reporting, data integrity, and authorization, for any payments collected or processed through the Applications.
5. The Company is not responsible for any disputes or resolutions thereof regarding any payments processed through the Applications or third party integrations with the Applications.
6. The Company is not responsible for any issues that may arise due to third party integration with the Applications, including, but not limited to unavailability, unexpected reversals, failed charges, and other technical issues.

6. CANCELLATION AND TERMINATION OF SERVICES

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time from within your account site. The option is available under "View your service plan". Account cancellation is equivalent to account closure.
2. Any or all of your data will be permanently removed from our system upon account cancellation or account closure. This removal cannot be reversed. The data that is removed cannot be restored. We reserve the right to preserve any or all of the data in a non-restorable form.
3. If you cancel your plan before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. You will not receive a refund for unused time.
4. In the case of any subscriptions that have prepaid durations beyond monthly billing, including any permanently paid accounts, the act of account cancellation or account closure does not confer the right to a refund either partially or wholy, nor does it entitle you to the same subscription for a new replacement account.
5. We, in our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Applications, or any other service, for any reason at any time. Such termination of the Applications will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account. We reserve the right to refuse service to anyone for any reason at any time.

7. MODIFICATIONS TO PRICES AND PLANS

1. We reserve the right at any time and from time to time to modify or discontinue the operation, support, and service of the Applications, temporarily or permanently, with or without notice.
2. Details for paid plans, including but not limited to features enumerated on the Website, are subject to change upon 30 days notice from us. Such notice may be provided at any time via any channel, including but not limited to digital notices on the Website.
3. Details for the free plan, including but not limited to features enumerated on the Website, are subject to change at any time from us.
4. Prices, including but not limited to monthly subscription plan fees to the Applications, are subject to change upon 30 days notice from us. Such notice may be provided at any time via any channel, including but not limited to digital notices on the Website.
5. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Applications.

8. GENERAL CONDITIONS

1. You consent to the terms of our Privacy Policy.
2. If you are an affiliate, you consent to our Affiliate Terms.
3. If you use the Clientary API, you consent to our API Terms.
4. You explicitly agree and consent to our Data Processing Addendum.
5. Your use of the Applications is at your sole risk. The Applications are provided on an "as is" and "as available" basis.
6. You must not modify, adapt or hack the Applications or modify another website so as to falsely imply that it is associated with the Applications, Clientary, or any other Unbrew, Inc service.
7. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Applications; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Applications; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Applications.
8. You must not falsely assume the identity of an employee representing Unbrew, Inc or any of our Applications or Services
9. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Unbrew, Inc for the services of Clientary and govern your use of the Applications, superceding any prior agreements between you and Unbrew, Inc pertaining to your use of the Applications (including, but not limited to, any prior versions of the Terms of Use).