Last updated: July 1, 2024
Please read these Website Terms of Use (“Terms”) carefully before using the public website provided by Clarum, Inc. (“Clarum,” “we,” “our” and “us”) at https://clarum.ai/ (the “Clarum Website”). Using the Clarum Website indicates that you accept these Terms and any other terms, policies, and guidelines of Clarum incorporated in these Terms by reference. Any capitalized terms not otherwise defined in these Terms have their respective meanings as set forth in such other terms, policies, and guidelines. If you do not accept these Terms or such other terms, policies, or guidelines, you may not use the Clarum Website.
BY ACCESSING AND USING THE CLARUM WEBSITE, OR BY CLICKING TO AGREE WHEN PROMPTED BY CLARUM, YOU CONFIRM YOUR ACCEPTANCE OF THESE TERMS AND ANY RELATED POLICIES INCORPORATED HEREIN BY REFERENCE. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY AND ITS AFFILIATES TO THESE TERMS, AND ‘YOU’ OR ‘YOUR’ REFER TO THAT ENTITY AND ITS AFFILIATES. ANY ACTIONS TAKEN UNDER THESE TERMS, INCLUDING THOSE RELATING TO ANY AND ALL USES OF THE CLARUM WEBSITE, MUST BE CONDUCTED BY AN INDIVIDUAL WHO IS AUTHORIZED TO ACT ON BEHALF OF THE ENTITY YOU REPRESENT. CONTINUED USE OF THE CLARUM WEBSITE CONSTITUTES A BINDING AGREEMENT TO THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS
Clarum reserves the right to revise any of these Terms in our sole discretion at any time and without prior notice by posting those changes at https://clarum.ai/, and those changes will be effective as of the posting date. Thus, you should visit these Terms periodically for changes. If you disagree with any changes to any of these Terms, your sole remedy is to discontinue your use of the Clarum Website. Your continued use of the Clarum Website after a change has been posted constitutes your acceptance of the change.
In using the Clarum Website, you must not:
You are prohibited from violating, or attempting to violate, the security of the Clarum Website, including without limitation conducting a denial-of-service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. Clarum will investigate any alleged or suspected violations and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
You are solely responsible for any material you transmit to or through the Clarum Website (or to us through email). You agree, represent, and warrant that any information you transmit to or through the Clarum Website (or to us through email) is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit that information. Clarum has the right, but not the obligation, to monitor all conduct on, and content submitted to, the Clarum Website. Certain information collected from you on the Clarum Website is subject to Clarum’s Privacy Policy available in the footer of the Clarum Website homepage.
Except as expressly provided in Clarum’s Privacy Policy, you give Clarum an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any material you submit, without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in that material. For any such material that you submit, you represent and warrant that:
(a) You have the right to submit the material to Clarum and grant the licenses set forth above.
(b) Clarum will not need to obtain licenses from any third party or pay royalties to any third party.
(c) The material does not infringe any third party’s rights, including intellectual property rights and privacy rights.
(d) The material complies with these Terms and all applicable laws.
Clarum does not accept or consider unsolicited ideas, concepts, or know-how, including ideas for new products or technologies (collectively “Submissions”). However, if you do provide any Submissions to Clarum, you give Clarum an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any of those Submissions, without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in any Submissions.
The materials made available on or through the Clarum Website are protected by copyright and other intellectual property rights. Except as set forth below, the use on any website or other environment of any material available on or through the Clarum Website is strictly prohibited. As between you and Clarum, Clarum and its licensors own all right, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Clarum Website. Clarum and its licensors reserve all rights in and to the Clarum Website not expressly granted to you in these Terms.
Notwithstanding the foregoing, subject to these Terms, we hereby authorize (and encourage) you to do any of the following on a revocable, non-exclusive, non-sublicensable, non-transferable basis:
Except as authorized by these Terms, no portion of the Clarum Website may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of Clarum (other than as needed for your computer or device to interface with the Clarum Website). Without limiting the generality of the previous sentence, you agree not to distribute in any medium any part of the Clarum Website without Clarum’s prior written authorization, unless Clarum makes available the means for that distribution through functionality offered through normal use by the Clarum Website. You also agree not to access the Clarum Website through any technology or means other than through the pages of the Clarum Website or other explicitly authorized means Clarum may designate. You agree not to circumvent, disable or otherwise interfere with security-related features of the Clarum Website or features that prevent or restrict use or copying of any portion of the Clarum Website or enforce limitations on use of the Clarum Website or the content therein. Any unauthorized use or modification of any of the materials available on the Clarum Website is a violation of the copyrights and other proprietary rights of Clarum and its licensors. Written permission for any such unauthorized use or modification must be obtained from Clarum in advance; those requests should be submitted via an email to [email protected] . Clarum reserves the right to discontinue any aspect of the Clarum Website at any time.
All trademarks, service marks, logos and trade names on the Clarum Website, whether registered or unregistered, including but not limited to “CLARUM” and the Clarum logo, are proprietary to Clarum or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Clarum Website) without the prior written consent of the appropriate owner thereof.
For your convenience, the Clarum Website may contain links to other websites. If you use these links, you will leave the Clarum Website. Certain of these linked websites may make use of Clarum’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Clarum. Clarum is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not Clarum is affiliated with the owners of those websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by Clarum of the organizations sponsoring the third-party websites or their products or services. Except for any Clarum property or content embedded in any third-party website, these Terms do not apply to any third-party website.
The Clarum Website is controlled and operated by Clarum from its offices within the State of California, in the United States of America. Clarum makes no representation that materials available on the Clarum Website are appropriate or available for use in other locations. Those who choose to access the Clarum Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent those laws are applicable. Access to the Clarum Website from jurisdictions where the contents of the Clarum Website are illegal or penalized is prohibited. Software that may be provided in connection with the Clarum Website is further subject to United States export controls and sanctions. No information or software from the Clarum Website may be downloaded or otherwise re-exported or supplied (i) into or to anyone located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of a country or region that is subject to a comprehensive U.S. government embargo (currently, the Crimea, Donetsk, Kherson, Zaporizhzhia and Luhansk regions of Ukraine, Cuba, Iran, North Korea and Syria, each a “Sanctioned Country”); or (ii) to an entity listed, or any entity fifty percent (50%) or more owned (either individually or in the aggregate, directly or indirectly) by that entity, on a U.S. Government restricted party list (including the List of Specially Designated Nationals and Blocked Persons, Foreign Sanctions Evaders, and Sectoral Sanctions Identification List, which are maintained by the Office of Foreign Assets Control of the U.S. Treasury Department, and the Entity List, Denied Persons List, and Unverified List, which are maintained by the Bureau of Industry and Security for the U.S. Commerce Department) or any equivalent list administered by the United Nations, the United Kingdom and/or the European Union (each a “Restricted Party List”). By using information or software from the Clarum Website, you represent and warrant that you are not located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of a Sanctioned Country or are not on or owned, in whole or part, by any person or persons on any Restricted Party List.
Clarum may suspend or terminate your use of the Clarum Website at any time in our sole discretion. Upon any such termination, you must destroy any material obtained from the Clarum Website and all copies of that material and cease all further use of the Clarum Website. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimers, limitation of liability, indemnity, privacy, and jurisdictional issues will survive any termination.
THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THE CLARUM WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLARUM DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLARUM DOES NOT WARRANT THAT THE FUNCTIONS ON THE CLARUM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CLARUM WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLARUM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONS ON THE CLARUM WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, RESULTS TO BE ACHIEVED, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CLARUM OR ITS AFFILIATED COMPANIES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF CLARUM OR A CLARUM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF CLARUM, ITS AFFILIATED COMPANIES AND LICENSORS TO YOU WILL NOT EXCEED $100. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THESE EXCLUSIONS OF LIABILITY AND/OR LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold harmless Clarum, its affiliate companies, and their respective directors, officers, employees, licensors, sub-contractors, representatives and agents (“Indemnified Parties”), from and against any all third-party claims, suits, actions, or proceedings (“Claims”), including but not limited to all damages, losses, liabilities, judgments, penalties, fines, costs and expenses (including attorneys’ fees) arising from any Claims (“Losses”), based on, or arising out of: (a) your activities on or use of the Clarum Website; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to Clarum violates any law or infringes any third party right, including any intellectual property or privacy right. You must not settle any Claim unless the settlement completely and forever releases Clarum from all liability with respect to the Claim or unless Clarum consents to the settlement in writing.
Clarum’s Privacy Policy applies to use of the Clarum Website, and its terms are made a part of these Terms of Use by this reference. By using the Clarum Website, you acknowledge and agree that Internet transmissions are never completely private or secure. The Clarum Website is intended for a general audience. The Clarum Website is not intended for use by children under the age of 13, and Clarum does not seek through the Clarum Website to gather personal information from or about children under the age of 13.
Clarum respects the intellectual property of others, and we ask our users to do the same. Clarum will promptly remove materials from the Clarum Website in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Clarum’s copyright agent with the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Clarum Website; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and (f) your electronic or physical signature. You may submit this information to Clarum’s copyright agent by email at [email protected] or by mail to: Clarum, Inc., 95 3rd St, 2nd Floor, San Francisco, CA 94103, Attn: Copyright Agent. Clarum may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you believe that your material is not infringing or has otherwise been removed by mistake, please provide Clarum with a written counter-notification containing the following information: (i) your name, address, and telephone number; (ii) a description of the material that was removed and the location on the Clarum Website where it previously appeared; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (iv) a statement that you consent to the jurisdiction of the United States District Court for the Northern District of California, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and (v) your electronic or physical signature. You may submit this information by the methods described in the prior paragraph. Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request.
Please note that if you fail to comply promptly with the foregoing requirements or any request from Clarum for additional information, your DMCA notice, or counter-notification may not be processed further.
All notices, requests, demands, consents, and other communications required or permitted under these Terms of a legal nature (“Legal Notices'') must be in writing and delivered by one of the following methods: (a) by personal delivery; (b) by registered or certified mail, return receipt requested, postage prepaid; (c) by nationally recognized overnight courier, with all fees prepaid; or (d) by email, with confirmation of receipt. Legal Notices to Clarum should be sent to 95 3rd St, 2nd Floor, San Francisco, CA 94103, USA; Email: [email protected] , or to another address as Clarum may specify in writing according to this Notice provision. Legal Notices delivered personally will be deemed communicated as of the actual receipt; mailed notices will be deemed communicated as of three (3) business days after mailing; notices sent by overnight courier will be deemed communicated as of one (1) business day after the date of delivery to the courier service; and notices by email will be effective on the date the email is sent, provided that the sender does not receive a notification indicating that the email was undeliverable.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Any claims or litigation arising under these Terms will be brought by solely in state and federal courts located in San Francisco County, California, and the parties specifically consent to San Francisco County, California, as the exclusive venue for any such proceeding. In any such action, you and Clarum irrevocably waive any right to a trial by jury. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act will not apply. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms and any policies and guidelines incorporated in these Terms by reference constitute the entire agreement between the parties relating to the subject matter in these Terms (unless you are a subscriber to any Clarum service, in which case any conflicting terms of your service agreement with Clarum will control as long as that agreement is in effect). You are not permitted to assign these Terms without the prior written consent of Clarum, which consent Clarum may withhold in its sole discretion. Any attempt by you to assign other than in accordance with this provision will be null and void. No amendment of any provision of these Terms will be effective unless made in accordance with Section 1 of these Terms or set forth in a writing signed by a representative of Clarum and you, and then only to the extent specifically set forth in the writing. No waiver by Clarum of any condition or the breach of any provision of these Terms in any one or more instances will be deemed a further or continuing waiver of the same or any other condition or provision.
If you have any questions regarding the Clarum Website or these Terms, you may contact us at [email protected] .