Terms of Service
Effective date: 17/03/2024
1. Introduction
By using Clack you confirm your acceptance of, and agree to be bound by, these terms and conditions.
2. Agreement to Terms and Conditions
This Agreement takes effect on the date on which you first use the Clack application.
3. Software License and Payments
The Clack Software License facilitates the use of Clack software through monthly, yearly, or one-time payments. It grants users unrestricted and perpetual access to comprehensive writing analytics features as long as payments are continued according to the chosen plan.
For monthly and yearly payment plans, recurring subscription fees will apply. One-time purchases grant access without needing to pay recurring fees. However, for all payment plans, the licensor retains the right to terminate the license at their discretion.
This license arrangement exempts one-time purchase users from subscriptions while enabling Clack to exercise control over software distribution and utilization. Opting for any payment plan enables you to enjoy the software benefits while recognizing Clack’s unrestricted termination rights, providing adaptability and addressing unforeseen circumstances.
3. Intellectual Property
By adding your intellectual property or book in the form of a public URL Google Document, Notion Database shareable link and using the writing tracking features in Clack, you retain full ownership and rights over your intellectual property. Clack does not claim or assume any rights or ownership over the content of the documents added or the books you are writing.
4. Disclaimer
It is not warranted that Clack will meet your requirements or that its operation will be uninterrupted or error free. All express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law are excluded and expressly disclaimed. This Agreement does not affect your statutory rights.
5. Warranties and Limitation of Liability
Clack does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of the software.
Clack shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Clack's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by Clack.
Clack shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Notwithstanding contrary clauses in this Agreement, in the event that Clack are deemed liable to you for breach of this Agreement, you agree that Clack's liability is limited to the amount actually paid by you for your services or software, which amount calculated in reliance upon this clause. You hereby release Clack from any and all obligations, liabilities and claims in excess of this limitation.
6. Responsibilities
Clack is not responsible for what the user does with the user-generated content.
7. Site Terms of Use Modifications
Clack may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.
8. General Terms and Governing Law
Any claim related to Clack's Website shall be governed by the laws of India without regards to its conflict of law provisions. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Clack as a result of your use of these services. You agree not to hold yourself out as a representative, agent, or employee of Clack. You agree that Clack will not be liable by reason of any representation, act or omission to act by you.
Last updated: 17/03/2024