Terms of Service

These terms are an agreement between you (and the organization you use Clarity for) and Abhi Sharma, doing business as Clarity, a sole proprietorship based in California ("Clarity", "we", "us"). By creating an account, using the app, the free tools or the API, you accept them. If you accept on behalf of an organization, you confirm you're authorized to bind it, and "you" includes that organization.

Please read the sections on disclaimers, limitation of liability, indemnification and dispute resolution. They limit our liability and require disputes to be resolved individually through arbitration.

#Who can use Clarity

Clarity is a business tool for sales teams. You must be at least 18 and use it for business purposes.

#Your account

Use an email address you control and keep access to it, because that's how you sign in. You're responsible for all activity on your account. If you create a team, you're responsible for who you invite, the roles you give them, and what they do in Clarity.

#Your responsibilities on calls

Clarity helps you prepare for, log and analyze sales calls. You, not Clarity, decide whom to call, what to say, and whether and how to record. You are solely responsible for complying with every law that applies to your calls, emails, data and AI agents, including:

• telemarketing and consent laws, such as the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, and state telemarketing laws
• do-not-call registries and opt-out requests
• call-recording consent laws. California and several other states require every party's consent to record a call.
• rules on disclosing AI or automated callers
• anti-spam laws (such as CAN-SPAM) and privacy laws covering the people you contact

Clarity doesn't place calls, and nothing in Clarity is legal or compliance advice.

#Acceptable use

Don't use Clarity to:

• Break any law or anyone's rights
• Harass, deceive or defraud anyone, or make claims on calls you know are false
• Store sensitive personal data (health information, financial account numbers, government IDs) in notes or contacts
• Upload contacts or recordings you don't have the right to use
• Probe, overload, scrape, reverse engineer or work around Clarity's security or usage limits
• Resell, sublicense or redistribute the service without our written permission

We may suspend or remove content or accounts that we reasonably believe violate these rules.

#Your content

You own what you put into Clarity and the scripts generated for you. You give us a limited permission to store, process, transmit and display it only as needed to run and improve the service for you, including sending inputs to our AI provider as described in the AI policy. You confirm you have the rights and consents needed for everything you upload, including contact lists, call recordings and transcripts.

If you send us feedback or ideas, we may use them without any obligation to you.

#AI-generated content and statistics

Scripts, objection answers, coaching, scorecards and transcriptions are produced by automated systems and may be wrong, incomplete or unsuitable. Test results, behavior insights, coaching suggestions and dial estimates are statistical estimates, not guarantees. Clarity does not promise any number of meetings, sales or other results. Review everything before you rely on it. You're responsible for what your team and your agents say and do.

#Free tools, trials and beta features

Free tools, trials, the agent API prototype and anything labeled beta or prototype are provided as is, may change or stop at any time, and may have usage limits.

#Plans, payments and refunds

Clarity has a Free plan and paid plans billed through Stripe. Paid plans are billed in advance, monthly or yearly, and renew automatically until cancelled. Where a plan is priced per rep, the number of seats follows the number of people on your team, and changes are prorated on your next invoice. Admins can cancel any time from Settings → Billing. Access continues until the end of the paid period, after which your team moves to the Free plan and your data isn't deleted.

Fees are non-refundable, including for partial periods, unused seats and unused script credits, except where the law requires a refund. Script credits are used when a script is generated; a failed generation is refunded as a credit. Credits don't expire while your account is open, have no cash value, and can't be transferred. Prices exclude taxes, which you're responsible for. We may change prices with at least 30 days' notice, and changes take effect at your next renewal.

#Third-party services

Clarity works with services we don't control, such as your CRM, dialer, Stripe, OpenAI and email providers. Your use of them is governed by their terms, and we aren't responsible for them, their availability, or what they do with data you send them.

#Availability and changes

We work to keep Clarity running but don't guarantee it will be uninterrupted, secure or error-free, or that data will never be lost. Keep your own copies of anything important. We may change, suspend or discontinue features, and will give reasonable notice of changes that materially reduce a paid plan.

#Ending service

You can stop using Clarity at any time. We may suspend or end your access at any time if you breach these terms, if your use creates legal or security risk, or if we stop offering the service. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification and dispute resolution) survive.

#Disclaimers

To the maximum extent permitted by law, Clarity, the free tools and the API are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.

#Limitation of liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, sales, meetings, data, goodwill or business opportunities, however caused and even if we were told they were possible.
• Our total liability for all claims relating to Clarity or these terms is limited to the amount you paid us for Clarity in the 12 months before the event giving rise to the claim. If you paid nothing, it is limited to $50.

These limits apply to every theory of liability (contract, tort including negligence, statute or otherwise) and even if a limited remedy fails of its essential purpose. They don't limit liability that can't legally be limited, such as liability for fraud or willful misconduct.

#Indemnification

You will defend, indemnify and hold harmless Clarity and its owner, contractors and service providers from and against any claims, demands, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or related to: your or your team's use of Clarity; calls, messages, recordings or agent activity by you, your team or your AI agents; content and contact data you upload; your violation of these terms or of any law (including telemarketing, consent, do-not-call, recording and privacy laws); or any claim by a person you contacted. We may take part in the defense with our own counsel at your expense, and you won't settle any claim that affects us without our written consent.

#Release

If you have a dispute with another user, a prospect, or a third-party service, you release Clarity from claims arising from that dispute. If you're a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

#Dispute resolution and arbitration

Talk to us first. Email us and we'll try to resolve any dispute informally within 30 days.

Binding individual arbitration. If we can't, any dispute relating to Clarity or these terms will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, by a single arbitrator, in California or by video. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small claims court, or seek an injunction for misuse of intellectual property or the service.

No class actions. You and Clarity may bring claims only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not consolidate claims. If this class waiver is found unenforceable for a claim, that claim goes to court, not arbitration.

Opt out. You can opt out of arbitration within 30 days of first accepting these terms by emailing us from your account address with the subject "Arbitration opt-out".

#General

These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any matter not subject to arbitration will be heard only in the state or federal courts located in California, and both parties consent to their jurisdiction. If any part of these terms is unenforceable, it will be limited to the minimum extent necessary and the rest stays in effect. Our not enforcing a provision isn't a waiver. You may not assign these terms without our consent; we may assign them, for example, in a sale of the business. We're not liable for delays or failures caused by events outside our reasonable control. These terms, together with the privacy policy and AI policy, are the entire agreement between us about Clarity. We may update these terms; we'll update the date above and notify account owners by email of material changes, and continuing to use Clarity after a change means you accept it.

Questions? Email live.script.official@gmail.com.