Legal

Terms of Service

Last updated September 8, 2026.

These Terms create a binding legal agreement between you and Claritics LLC, and govern your use of the Claritics Website and Services. Please read them, along with our Privacy Policy, before using the site.

1. Terms of Service

Welcome to Claritics. Please read these terms and conditions, as well as our Privacy Policy carefully before accessing our site.

These terms and conditions (“Terms”) create a binding legal agreement between you and Claritics LLC, and govern your use of Claritics’ Website and Services.

The “Website” refers to claritics.com and claritics.tech, and all content, services, and products provided by Claritics. “Services” means, collectively, any products or services made available by Claritics.

By using the Services (including by visiting the Claritics Websites, accessing or using our Services, or making any other use of the Services), you accept and agree to be bound by these Terms and acknowledge that you have reviewed the Claritics Privacy Policy (the “Privacy Policy”). By using the Services, you affirm, represent, and warrant that you (i) are fully able and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms, and (ii) have not previously been terminated, removed, or suspended from the Services.

If you are using the Services on behalf of a company, organization, or other entity (in which case the words “you” and “your” shall refer to such entity), you further represent that you have authority to bind that organization to these Terms, and you agree to be bound by these Terms on behalf of that organization.

If you do not have authority to or do not agree to all of these Terms, or if you object to the Privacy Policy, you must not access or use the Services.

2. Usage Rights & Restrictions

2.1. Age

You certify that you are a person who is at least sixteen (16) years of age or the legal age of majority in your jurisdiction, if greater.

2.2. Temporary Use License

During the period for which you are authorized to use the Services, and subject to your compliance with these Terms, you are granted a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Services in accordance with these Terms and solely for your own business purposes of acquiring new customers, maintaining existing customers, improving business operations, managing the online reputation and digital presence of your business (the “Permitted Purposes”).

By using the Services, you acknowledge that: (i) the Services are not sold to you; and (ii) third-party terms and fees may apply to the use and operation of any system in connection with your use of the Services, and that you are solely responsible for any such third-party terms and fees.

2.3. Account Terms

  • A Claritics account may be created and maintained only if you provide a valid email address and any other information requested by Claritics during the account registration process, and you regularly update this information to ensure its accuracy.
  • Accounts registered by “bots,” “agents,” or other automated methods or means are not permitted.
  • You may not maintain more than one account for any individual person or entity without payment.
  • You are responsible for keeping your account secure while you use our Services.
  • Your login may be used by only one person, and you are responsible for maintaining the confidentiality of username, password and account. You may not share or otherwise permit any other person or entity to access the Services using your username and password.
  • Claritics cannot and will not be liable to you for any loss you may incur as a result of someone else using your username, password, any other authentication factor, or account with or without your knowledge.
  • You may be held liable for losses incurred by Claritics or others due to any unauthorized use of your username, password or account.
  • You may not use the Services for any purpose other than the Permitted Purposes. You are responsible for all content posted and activity that occurs under your account.

2.4. Usage Restrictions

You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, copy, resell, or otherwise exploit the Services or any content distributed thereon under any circumstances, except as expressly authorized by these Terms.

You may not (i) circumvent or disable any content protection system or digital rights management technology used with the Services; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of any of the technology used to deliver, or that forms part of, the Services; (iii) remove, alter, or conceal any identification, copyright, trademark, or other proprietary notices in or accompanying any portion of the Services or products or services related to the foregoing; (iv) use the Services to develop or update any software systems that constitute or have functionalities substantively similar; or (v) access or use the Services in an unlawful or unauthorized manner or in a manner that is harmful to or interferes with any use of the Services, or the network, systems, or facilities used to provide the Services. Any use of the Services not expressly authorized by these Terms is a breach of these Terms and may violate copyright, trademark, or other laws.

2.5. Third-Party Services & Links

The Services may contain links to third-party content and integrations with third-party platforms, such as review sites and business profile listings. Claritics does not control, endorse, sponsor, recommend, or otherwise accept responsibility for any loss or damage that may arise from your use of such third-party content and integrations. These links and integrations are provided only as a convenience, and Claritics does not make any representations or warranties with respect to third-party links and integrations.

Use of any linked third-party content and integrations is at your own risk and subject to the terms of use for such third-party content and platforms.

You understand that Claritics uses third-party vendors and hosting partners to provide certain hardware, software, networking, storage, and related technology used to run the Services. By using the Services, you agree that (i) Claritics may engage one or more vendors to monitor your use of the Services and (ii) Claritics may direct your calls and requests to the Services to vendors who help operate the Services.

2.7. Acceptable Use

This section governs the acceptable use of the services. By using Claritics’ Services, you agree that you may not access or use, or attempt to access or use, the Website and Services:

  • to take any action that could harm Claritics, its technical, content and service providers (“Providers”), or any other third party,
  • to interfere with the operation of the Website and Services,
  • in a manner that violates any laws.

You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

Violations of system or network security may result in civil or criminal liability. Claritics may investigate and work with law enforcement authorities to prosecute users who violate the Terms.

3. Content Rights & Restrictions

3.1. Your Content

You remain fully responsible for any materials, data, and content that you submit via the Services, including, without limitation, images, business profile, and your account information (“User Content”). You agree not to provide User Content that violates or contradicts these Terms.

You retain your ownership rights to any User Content that you submit through the Services, and by submitting User Content, you grant to Claritics a non-exclusive, worldwide, royalty-free licence to analyze, compile, display, and otherwise use your User Content (or any portion thereof) solely for the purposes of providing, developing, and improving the Services for you.

You further represent that you possess, and will continue to possess, all rights necessary to provide to Claritics, via the Services or otherwise, all User Content, and for Claritics to enjoy all of the rights and privileges that you grant to Claritics under these Terms.

You understand and agree that we are not responsible for any User Content. We are not obligated to publish or use your User Content. We may monitor, review, edit, remove, delete, or disable access to your User Content at any time, without prior notice, and in Claritics’ sole discretion, for any or no reason.

3.2. GDPR

If and to the extent that the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, as implemented and amended (“GDPR”) applies to the processing of any personal data included in the User Content (“User Data”), you are the “Data Controller” for purposes of GDPR in the context of the Services. Claritics acts as a:

  • processor when processing such User Data in the context of the Services and with respect to such processing it complies with module two of the standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR approved by the European Commission (C/2021/3972), as amended, and with the following choices: in clause 9, option 2 is selected, and the prior notice period is of one week; in clause 11, the option is not selected; in clause 13, the option selected depends on the location of the data exporter; in clause 17, option 2 is selected; in clause 18, the courts of the Member State where the data exporter is located are competent; and the Annexes shall be deemed completed with the information in these Terms and any work orders.
  • controller when processing such User Data in aggregated or de-identified form (to the extent it is still considered personal data under the GDPR) to improve or develop Claritics’s products and services, or as otherwise described in the Privacy Policy, and with respect to such processing it complies with module one of the standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR approved by the European Commission (C/2021/3972), as amended, and with the following choices: in clause 11, the option is not selected; in clause 13, the option selected depends on the location of the data exporter; in clause 17, option 2 is selected; in clause 18, the courts of the Member State where the data exporter is located are competent; and the Annexes shall be deemed completed with the information in these Terms and any work orders.

3.3. Monitoring and Enforcement

Claritics has the right to:

  • remove or refuse to post any User Content for any or no reason in its sole discretion
  • take any action with respect to any User Content that Claritics deems necessary or appropriate in Claritics’s sole discretion, including if Claritics believes that such User Content violates these Terms or Acceptable Use Policies, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Claritics
  • disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their rights of privacy or publicity
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services, and
  • terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, Claritics has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Claritics to disclose the identity or other information of anyone posting any content on or through the Services.

However, Claritics cannot review all User Content as it is posted to the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Claritics assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

4. Proprietary Rights

4.1. Ownership

The Services are owned and operated by Claritics. You acknowledge and agree that Claritics and/or any of its Providers own all right, title, and interest in and to the Services, including:

  • all information, data, software, text, tools, analyses, displays and visual interfaces, graphics, images, video, and audio, and all other elements of the Services, and the design, selection, arrangement, and “look and feel” thereof, and
  • all worldwide intellectual property and other legal rights (including, but not limited to, in any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights) therein.

Except for your User Content, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without written consent from Claritics.

You will not earn or acquire any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights anywhere in the world on account of these Terms or any access to or use of the Services. You agree and understand that Claritics is not obligated to provide you with access to the Services or any copies of computer programs or code for the Services. You agree that all content provided to you through the Services is owned by Claritics, Claritics’ Providers, and/or other third parties and that you will have no ownership rights in such content.

4.2. Feedback

You hereby grant to Claritics an irrevocable, royalty-free, perpetual license to use all feedback, ideas, or suggested improvements you provide to Claritics regarding the Services (the “Feedback”), as applicable, including in connection with Claritics’s development, manufacturing, and marketing of the Services or other products or services. You further agree that Claritics may use all or part of your Feedback or any derivative thereof in any manner or media without any remuneration, compensation, or credit to you, including to improve the Services and create other products and services.

4.3. Customer Name

You authorize Claritics to use your name or logo to refer to you as a customer of the Services in connection with Claritics’s marketing and promotional materials. Nothing herein obligates Claritics to use your name or logo in any marketing or promotional materials.

5. Payment

You may be required to pay fees to Claritics in order to access and use certain functionalities, features, or resources, including plans and other features, of the Services (“Service Fees”).

You are responsible for paying any applicable Service Fees listed on the Services at the time you use such functionality, feature, resource, or plan. All fees are non-refundable, to the fullest extent allowed under applicable law, subject to our refund policy below.

5.1. Billing Schedule

Payments based on plans: For monthly or yearly payment plans, Service Fees are billed in advance on a monthly or yearly basis respectively and are non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

Payment based on usage: Some Services features are charged based on your access to and/or use of the usage-based functionality, feature, or resource. A limited quantity of these Services features may be included in your plan for a limited term without additional charge. If you choose to use paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears.

You agree that Claritics may charge such Service Fees on a periodic basis or upon your access to the usage-based functionality, feature, or resource, as applicable, to the payment method you specify at the time of your initial purchase (your “Payment Method”).

5.2. Upgrades, Downgrades and Changes

You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your account, you may lose access to content, features, or capacity of your account.

  • We will immediately bill you when you upgrade from the Free plan to any paying plan.
  • If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.

Additional fees may apply for new features or additions to the Service that may be made available from time to time, in which case Claritics will provide you with notice in advance of charging the additional fees. In the event Claritics charges additional fees in connection with the Services, you will have an opportunity to review and accept the additional fees that you will be charged, prior to being charged. If you do not accept any such additional fees, Claritics may discontinue your access to the Services.

5.3. Payment Method and Processing

By using a Payment Method to pay Service Fees, you are expressly agreeing that Claritics is authorized to charge to the Payment Method the Service Fees and any other fees for additional services you may purchase, together with any applicable taxes. If the Payment Method is a credit card, you acknowledge that we may seek pre-authorization of your credit card account prior to your purchase to verify that the card is valid and has the necessary funds or credit to complete the purchase. You acknowledge and agree that any fees for the Services may increase at any time.

You acknowledge and agree that Claritics may use third-party payment processors to process Service Fees on Claritics’ behalf, and that Claritics will not be held liable for any errors caused by such third-party payment processors.

5.4. Refunds

If you feel you have been charged any Service Fees in error, you may request a refund through your account. We also encourage you to contact us with questions or clarifications about your Services Fees.

To request a refund, log in to your account and place your request through the Website. If you do not have an account, you may contact us directly at info@claritics.com.

Following your request, you will be asked to provide the reason for your request. We aim to respond to such requests within three (3) business days of our receipt of such requests.

We note that if you file a dispute with your credit card company before contacting us, we are limited in what we can do to resolve any error. Credit card disputes are flagged to us by your financial services provider as potentially fraudulent so if a credit card dispute is initiated, your account will be suspended while we investigate, and we ask you to contact us if you wish to request that it be reinstated.

5.5. Outstanding Balances

Service Fees that are more than 60 days past due subject your account to suspension. Claritics may but is not obligated to contact you at the email address associated with your account in order to resolve unpaid Service Fees prior to a suspension. You must pay any and all outstanding Service Fees in order to reinstate your account.

6. Limitation of Liability

6.1. Disclaimer of Warranties

You expressly agree that your use of the services is at your own risk.

To the maximum extent permissible under applicable law, Claritics makes no warranties of any kind, and the services are provided on an “as-is” and “as available” basis, exclusive of any warranty, whether oral or written, express or implied, including the implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title.

Claritics disclaims all warranties and liabilities, to the maximum extent allowed by applicable law, regarding the security, reliability, quality, availability, accuracy, completeness, compatibility, or utility of the services and privacy of your data and/or information. Claritics does not warrant that the services will be uninterrupted, error-free, or free of viruses or other harmful components, that defects will be corrected, or that the services are completely secure against hacking or other unauthorized intrusion, or as to the accuracy, currency, or completeness of any information made available through the services, whether provided in text, audio, video, graphical, or other form (the “Service Content”). Neither Claritics nor Providers make any representations or warranties with respect to any third-party service providers. Claritics is not responsible or liable for any decisions you may make in reliance on the Services or Service Content, or for any defects or errors that may result from your provision of incomplete or inaccurate information to Claritics or the Services, your use of the Services with hardware and software that does not meet the minimum requirements specified by Claritics, or your use of any version of the Services other than the most recent generally available release of any of the Services. You expressly agree that you are solely responsible for any damage to your property, including your computer system or mobile device, or the loss of data, that results from use of the Services.

6.2. Limitation of Liability

To the fullest extent permissible under applicable law, in no event will Claritics, Providers, or their affiliates, successors and assigns, or any of their respective investors, directors, officers, employees, third-party service providers (including those who help administer and operate the services), agents, and suppliers (collectively, the “Claritics Parties”), be liable for any direct, indirect, incidental, exemplary, punitive, special, consequential, or other damages, including, without limitation, damages for loss of revenues, savings, profits, goodwill, use, data, or other intangible losses, or the claims of third parties, or any cost of any substitute services, arising out of or resulting from or in any way related to the services, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or other theory, even if the Claritics Parties have been advised of the possibility of such damages.

You further waive and hold harmless the Claritics Parties from any claims resulting from any action taken by such parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities as referenced in Sections 2.4, 2.7, and 3.3. To the fullest extent permitted by law, in no event shall the Claritics Parties’ total liability to you for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise exceed the greater of the actual amount you paid for the services (if any) and $100, except to the extent an applicable law does not allow limitations on implied warranties or the exclusion or limitation of certain damages. The parties agree that the foregoing limitations are essential to these terms.

6.3. Indemnity

You agree to indemnify and hold the Claritics Parties harmless from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these terms, your access to, use of, or alleged use of the Services, your Feedback, your violation of any third-party right, including any intellectual property rights, or any rights of privacy or publicity, confidentiality, or other property or privacy right, and any claims arising from or alleging fraud, intentional misconduct, gross negligence, or criminal acts committed by you.

Claritics reserves the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you shall provide Claritics with such cooperation as Claritics reasonably requests.

7. Modification & Termination

7.1. Modification

Claritics reserves the right to permanently or temporarily modify or remove the Services or any portion thereof (including without limitation by changing the user interface of or removing certain features from the Services) from time to time, in Claritics’ sole discretion, without notice to you.

To the fullest extent permitted under applicable law, Claritics will not be liable for any modification or removal of the Services or any portion thereof.

7.2. Termination

Claritics may immediately terminate these Terms with you and suspend or terminate your access to the Services for any or no reason at any time without notice, including, without limitation, if you fail to comply with any provision of these Terms, our Acceptable Use Policy, or our Community Guidelines.

The term of these Terms will commence on the date of your first acceptance of these Terms and continue until the earliest of: (i) the date upon which Claritics, in its sole discretion, terminates your access to the Services (which may occur for any reason), with or without notice; and (ii) your violation or breach of any provisions of these Terms (the “Term”). You may also discontinue your use of the Services at any time, for any reason.

Upon expiration or termination of these Terms, the rights granted to you under these Terms with respect to the Services will immediately terminate. However, Claritics’ license to your Feedback under Section 4.2, as well as the limitations on Claritics’ liability and the indemnification provisions under Section 6, and the terms pertaining to the dispute resolution process under Section 11, will survive any expiration or termination of these Terms.

Upon termination of your access to the Services, or termination of these Terms with you, Claritics may, at Claritics’ option, delete any data associated with your account, including the deactivation and/or deletion of your account and any data or content (including User Content) contained in your account.

Without limiting the foregoing, Claritics may retain any data that you provide to Claritics for such length of time as may be allowed by applicable law, in aggregated or de-identified form.

In the event that Claritics suspends or terminates your account, Claritics will use reasonable efforts to provide you with a copy of data and content included in your account upon your request, unless Claritics suspended or terminated your account due to unlawful conduct or your failure to comply with any provision of these Terms.

8. Changes to Terms

Claritics may change any of the terms contained herein at any time, in Claritics’ sole discretion. Please check these Terms periodically so that you are aware of any changes.

Claritics will notify you by email to the address provided in your user profile and/or by posting a notice on the Website of any changes to these Terms that materially modify your rights or obligations (“Material Modifications”).

Any Material Modifications will be effective upon your acceptance of the modified terms, or upon your continued use of the Services after Claritics sends or posts a notice of the changes, whichever is earlier. Changes to these Terms that do not materially modify your rights or obligations will be effective immediately upon publication. However, any disputes arising under these Terms will be resolved pursuant to the version of these Terms in effect at the time the dispute arose.

9. Communications with you

Claritics and its Providers may communicate with you about the Services, including through one or more third-party email or survey services, via methods determined by Claritics, including through the Services or contact information you provide as part of the registration process for the Services.

Claritics and/or its Providers may, to the extent permitted by and in accordance with applicable laws, send you communications to:

  • solicit Feedback via email, surveys, bug reports, or other methods Claritics may determine;
  • collect additional information regarding issues you report in your Feedback;
  • notify you of changes to the Services or these Terms;
  • tell you about future Claritics programs, products, or services.

You agree that any such notices, disclosures, and other communications will satisfy Claritics’ applicable legal notification requirements. Claritics recommends that you keep a copy of any electronic communications that Claritics sends to you for your records. To the extent permitted by and in accordance with applicable laws, Claritics may share your contact information with Providers, and, to the extent necessary to enable such communications, with other third parties.

10. Miscellaneous

  • Supplemental Terms. When using the Services, you agree to comply with and are subject to any posted guidelines, rules, or supplemental terms applicable to such services or features, as may be posted from time to time. All such guidelines, rules, or terms are hereby incorporated by reference into the Terms. To the extent that you are asked to review and accept any supplemental terms that expressly conflict with these Terms, the supplemental terms associated with the applicable portion of the Services govern with respect to your use of such portion of the Services to the extent of the conflict.
  • Section Headers. Section headers are provided for convenience and do not affect the interpretation of any provision or the rights of any party.
  • Entire Agreement; No Assignment. These Terms, the Privacy Policy, and any other terms expressly incorporated by reference herein form the entire agreement between you and Claritics regarding your use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Claritics without restriction. These Terms operate to the fullest extent permissible by law.
  • No Joint Venture, Partnership, Employment, or Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Claritics as a result of these Terms or your access to and use of the Services.
  • Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
  • Force Majeure. Claritics will be excused from performance under these Terms for any period when we were prevented from or delayed in performing any obligations under these Terms, in whole or in part, due to circumstances beyond Claritics’ reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, telecommunications, network, computer, server or Internet downtime, unauthorized access to Claritics’ information technology systems by third parties, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
  • No Waiver. Claritics’ failure to enforce any provisions of these Terms or respond to a violation by any party does not waive Claritics’ right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of Claritics’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Claritics with respect to such uses.
  • Contact. For inquiries or questions regarding these Terms or the Services, please contact Claritics at claritics.com/contact.

11. Governing Law, Disputes & Arbitration

11.1. Governing Law

These Terms shall be governed by, and construed and interpreted in accordance with, the laws of the State of Texas (without giving effect to conflict of law principles).

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE. YOU ALSO AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, MASS ARBITRATION, OTHER REPRESENTATIVE ACTION, OR ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). TO THE FULLEST EXTENT PERMITTED BY LAW, IF A DISPUTE IS NOT FILED WITHIN ONE YEAR, IT IS PERMANENTLY BARRED.

To the extent a lawsuit or court proceeding is permitted under these terms, you and Claritics agree that any dispute will be litigated in the state or federal courts located in Texas, and you and Claritics both submit to the personal and exclusive jurisdiction of those courts. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

11.2. Disputes

In order to expedite and control the cost of disputes, Claritics and you both agree that any legal or equitable claim, dispute, action or proceeding arising from or related to the Services (“Dispute”) will be resolved as follows to the fullest extent permitted by law:

  • Notice of Dispute. In the event of a Dispute, you or Claritics must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution. You must send any Notice of Dispute to Claritics by mail at 9614 Sandia Springs Cir, Cypress TX 77433 and by email to legal@claritics.com. Claritics will send any Notice of Dispute to you by mail to your address if Claritics has it, or otherwise to your email address.
  • 60-Day Initial Dispute Resolution. You and Claritics will attempt to resolve the Dispute through informal negotiation within 60 days from the date that the Notice of Dispute is received. As part of this informal negotiation, you and Claritics agree to participate in a telephone settlement conference between you personally (along with your counsel, if you are represented) and Claritics if it is requested by the party that receives the Notice of Dispute. Any applicable limitations period shall be tolled during this 60-day initial dispute resolution period. Neither you nor Claritics may initiate an arbitration proceeding or file a claim in small claims court before the conclusion of the 60-day period from the time the Notice of Dispute is received, or otherwise absent full compliance with the process described in this Section (collectively, the “Mandatory Initial Dispute Resolution Process”). You agree that you or Claritics may seek any interim or preliminary relief from a court of competent jurisdiction, as necessary to protect our respective rights or property (including intellectual property rights) pending completion of the Mandatory Initial Dispute Resolution Process. If the parties do not reach an agreed upon resolution within the 60-day Initial Dispute Resolution Process set forth above, then either party may initiate a claim in small claims court or a binding arbitration as the sole means to resolve Disputes, subject to the terms set forth below.
  • Small Claims Court. You may choose to litigate any Dispute in small claims court (or the equivalent) in the forum specified in Section 11.1, if the Dispute meets all the requirements to be heard in small claims court and is not removed to a court of general jurisdiction.
  • Binding Arbitration. If the Dispute is not resolved in small claims court, any effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section, subject to the exceptions described in this Section. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The U.S. Federal Arbitration Act (or the equivalent laws in the jurisdiction in which you reside) governs the interpretation and enforcement of this Section.
  • Exceptions to Arbitration. You and Claritics agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) Any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Claritics’ intellectual property rights, (2) Any claim for declaratory or injunctive relief, (3) Any claim you are authorized to bring to the attention of any federal, state, or local government agencies that can, if the law allows, permit those authorities to seek relief from Claritics on your behalf, (4) Any Dispute brought in a jurisdiction where mandatory arbitration is unenforceable by law.
  • Class Action and Mass Arbitration Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Claritics will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Neither you nor Claritics will seek to have any Dispute brought, heard, administered, resolved, or arbitrated as a mass arbitration, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass arbitration or to award relief to anyone but the individual in arbitration. You and Claritics agree that the definition of “Mass Arbitration” includes, but is not limited to, where 25 or more similar demands for arbitration are filed against the same party or related parties within 180 days represented by either the same law firm or law firms acting in coordination. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If one of us violates this Class Action and Mass Arbitration Waiver provision, the other party shall have the opportunity to opt out of arbitration by providing written notice within 45 days of learning of the violation.
  • Arbitration Procedures. Any arbitration will be conducted by the National Arbitration and Mediation (“NAM”) under the applicable Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute is filed. Where a Mass Arbitration is filed and no party opts out of arbitration, then the parties agree that the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures shall apply and that NAM will have the authority to apply those rules, notwithstanding the Class Action and Mass Arbitration Waiver above. In the event of a conflict between the relevant NAM rules and this agreement, this agreement shall govern. If NAM is unavailable or unable to conduct an arbitration of the Dispute, an alternative arbitration service provider will be mutually agreed upon by both parties. You may request a telephonic or in-person hearing by following the NAM rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award relief only to you individually, and only to the extent required to satisfy your individual claim. A demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the mandatory Initial Dispute Resolution Process above and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
  • Arbitrator’s Jurisdiction. The arbitrator may consider but will not be bound by rulings in other arbitrations where you and Claritics were not both parties. The arbitrator shall have the power to rule on all issues except that a court has exclusive authority (i) to decide arbitrability issues, as well as disputes relating to the formation, existence, scope, validity, and enforceability of this arbitration agreement; (ii) to decide whether the parties have complied with the Initial Dispute Resolution process; (iii) to enforce the prohibition on class, representative, mass, or private attorney-general actions or proceedings, or public injunctive relief; and (iv) to enjoin an arbitration from proceeding if it does not comply with this the terms of this arbitration agreement.
  • Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If Claritics files, Claritics pays. If you file, you pay unless you get a fee waiver under the applicable arbitration rules or unless the Mass Filing Supplemental Dispute Resolution Rules and Procedures apply, in which case the NAM Mass Filings Fee Schedule applies. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
  • Location of Arbitration. You agree that the arbitration will occur in a reasonable location in the United States, as agreed to by both parties, or, if necessary, as determined by the arbiter.
  • Disputes Must Be Filed Within One Year. To the extent permitted by law, any Dispute under these Terms must be filed within one year in small claims court or in an arbitration proceeding. The one-year period begins when the Dispute or Notice of Dispute first could be filed, except that the period is tolled during the 60-day Mandatory Initial Dispute Resolution Process. If a Dispute isn’t filed within one year, it’s permanently barred.
  • Temporary Injunctive Relief. Before the appointment of an arbitrator, either party may seek temporary injunctive relief in any court of competent jurisdiction without waiving its right to arbitration.
  • Severability of Arbitration Provisions. If a court decides that applicable law precludes enforcement of the foregoing arbitration agreement as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and must be brought pursuant to Section 11.1 (unless the parties mutually agree otherwise), and the parties consent to personal and exclusive jurisdiction in these courts.