Terms of use

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES.

Overview

These Terms of Service ("Terms") constitute a legal agreement between you and Clearweb ("Clearweb," "we," "us," or "our") governing your access to and use of the Clearweb website, mobile application builder, AI generation tools, development tools, previews, publishing features, and related products and services (collectively, the "Services").

Clearweb allows users to design, generate, modify, preview, test, and potentially publish mobile applications using artificial intelligence and other software tools.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree to these Terms, you may not use the Services.

Eligibility and Accounts

You must have the legal capacity to enter into these Terms to use the Services.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring through your account.

You must provide accurate information when creating an account and promptly notify us if you believe your account has been compromised or accessed without authorization.

License to Use Clearweb

Subject to these Terms, Clearweb grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for lawful purposes.

This license does not grant you ownership of the Clearweb platform, underlying software, infrastructure, models, design systems, interfaces, or other Clearweb technology.

Clearweb Intellectual Property

Clearweb and its licensors retain all rights, title, and interest in and to the Services and the technology used to provide them.

This may include Clearweb's software, interfaces, design systems, components, templates, workflows, prompts, AI systems, infrastructure, graphics, branding, documentation, computer code, and other proprietary materials ("Clearweb Content").

Except where expressly permitted by these Terms, you may not copy, reproduce, sell, license, distribute, reverse engineer, decompile, attempt to extract source code from, or otherwise exploit Clearweb Content without our written permission.

These restrictions do not apply to application code or other outputs generated for you through the Services where ownership is granted to you under these Terms.

Your Applications and Content

You retain ownership of the content, data, designs, prompts, files, images, code, and other materials you submit to Clearweb ("User Content").

As between you and Clearweb, you may use, modify, export, commercialize, publish, and distribute applications and application code generated for you through the Services ("Generated Applications"), subject to these Terms and any applicable third-party licenses.

You grant Clearweb a limited license to host, process, reproduce, transmit, and modify User Content as necessary to provide, maintain, secure, and improve the Services.

You are responsible for ensuring that you have the necessary rights and permissions to use any User Content that you provide to Clearweb.

AI-Generated Output

Clearweb uses artificial intelligence to assist with generating and modifying application designs, code, content, functionality, and other outputs.

AI-generated outputs may contain errors, omissions, vulnerabilities, unexpected behaviour, inaccurate information, or code that does not function as intended.

You are responsible for reviewing, testing, and validating Generated Applications before relying on, distributing, publishing, or making them available to others.

Clearweb does not guarantee that generated code will be error-free, secure, suitable for a particular purpose, compliant with applicable law, or accepted by any application marketplace or third-party platform.

Similar or identical outputs may be generated for other users. Clearweb does not guarantee that AI-generated outputs are unique.

Responsibility for Your Applications

You are solely responsible for applications you create, operate, publish, or distribute using Clearweb.

This includes responsibility for:

• the functionality and security of your application;
• the accuracy and legality of its content;
• obtaining necessary licenses and permissions;
• complying with privacy, consumer protection, accessibility, intellectual property, and other applicable laws;
• providing appropriate privacy policies, terms, disclosures, and consent mechanisms;
• the collection, storage, processing, and protection of your end users' data;
• complying with Apple App Store, Google Play, and other platform requirements; and
• any products, subscriptions, services, or transactions offered through your application.

Clearweb's tools may assist you in creating an application, but Clearweb does not become the publisher, operator, merchant, or legal owner of your application solely because you used the Services to create it.

App Store and Third-Party Publishing

Clearweb may provide tools that assist with testing, building, exporting, submitting, or publishing applications to third-party platforms such as the Apple App Store or Google Play.

Approval and continued availability of your application on any third-party platform are controlled entirely by that platform.

Clearweb does not guarantee that an application will be approved, remain available, pass review, or comply with any particular marketplace's requirements.

You are responsible for your developer accounts, certificates, credentials, application listings, platform agreements, fees, and compliance obligations.

Third-Party Services

Clearweb may integrate with or rely on third-party products and services, including hosting providers, artificial intelligence providers, payment processors, databases, authentication providers, application development platforms, analytics services, and app marketplaces.

Your use of those services may be governed by additional terms and privacy policies provided by the applicable third party.

Clearweb is not responsible for the availability, operation, security, pricing, policies, or actions of third-party services.

Changes to third-party APIs, platforms, pricing, policies, or technical requirements may affect features available through Clearweb.

Acceptable Use

You may not use Clearweb to create, distribute, facilitate, or operate applications or content that:

• violates applicable law or regulation;
• infringes intellectual property, privacy, publicity, or other rights;
• contains malware, spyware, malicious code, or intentionally deceptive functionality;
• attempts to gain unauthorized access to systems, accounts, or data;
• facilitates fraud, scams, phishing, impersonation, or deceptive practices;
• exploits or harms minors;
• unlawfully collects, sells, or distributes personal information;
• interferes with or disrupts the Services or other users;
• attempts to bypass usage limits, security measures, billing systems, or access restrictions; or
• uses Clearweb infrastructure in a manner that could materially harm the Services or other users.

We may restrict or terminate access where we reasonably believe the Services are being misused or these Terms have been violated.

Paid Services, Subscriptions, and Credits

Certain Clearweb features may require a paid subscription, usage credits, or other fees.

By purchasing paid Services, you agree to the pricing, billing terms, usage limits, and other conditions presented at the time of purchase.

Subscriptions may automatically renew unless cancelled before the applicable renewal date, where permitted by law.

Some plans may include a specified number of generation or editing credits. Different actions may consume different amounts of credits depending on the computational resources required.

Unless otherwise stated, unused credits do not represent stored monetary value, cannot be transferred between accounts, and are not redeemable for cash.

We may change pricing, credit costs, plan limits, or features from time to time. Where required, we will provide reasonable notice before changes affect an existing paid subscription.

Accounts may be restricted or suspended for failed or overdue payments.

Refunds

Payments are non-refundable except where otherwise stated at the time of purchase or required by applicable law.

If Clearweb offers a refund, credit, or other accommodation in a particular circumstance, this does not create an obligation to provide the same accommodation in the future.

Usage Limits

Clearweb may impose reasonable limits on generations, edits, storage, builds, projects, API usage, compute resources, publishing activity, or other functionality.

Limits may vary depending on your subscription plan.

We may introduce or modify limits where reasonably necessary to protect the stability, security, or economic sustainability of the Services.

Feedback

If you provide Clearweb with suggestions, ideas, feature requests, or other feedback, you grant Clearweb permission to use that feedback without restriction or compensation to you.

This does not give Clearweb ownership of your applications or User Content.

Service Modifications and Availability

We may modify, update, add, remove, suspend, or discontinue features of the Services.

Because Clearweb relies in part on evolving artificial intelligence models and third-party platforms, certain functionality may change over time.

We do not guarantee that any specific feature, model, integration, application runtime, third-party service, or generated project will remain available indefinitely.

We may restrict, suspend, or terminate access to the Services for reasonable cause, including violation of these Terms, security risks, fraudulent activity, non-payment, excessive or abusive usage, or legal requirements.

Where practicable, we will provide reasonable notice before material suspension or termination.

Beta and Experimental Features

Clearweb may make beta, preview, experimental, or early-access functionality available from time to time.

These features may be incomplete, unstable, changed without notice, or discontinued.

You use beta and experimental features at your own risk.

Privacy and Security

Your use of Clearweb is also governed by our Privacy Policy.

Clearweb takes reasonable measures designed to protect the Services and information processed through them, but no system can guarantee absolute security.

You are responsible for maintaining the security of your account, credentials, developer keys, API keys, integrations, and any credentials used within applications you create.

You should not place secrets or private credentials directly into client-side application code where they may be exposed to application users.

Suspension and Termination

You may stop using Clearweb at any time.

We may suspend or terminate your access to the Services if you materially violate these Terms, create security or legal risks, fail to pay applicable fees, abuse the Services, or use the Services in a way that could harm Clearweb, its users, or third parties.

Termination of your Clearweb account does not transfer ownership of your Generated Applications to Clearweb.

Where technically available, you should export any application code or information you wish to retain before terminating your account.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

CLEARWEB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES OR ANY APPLICATION, CODE, CONTENT, OR OTHER OUTPUT GENERATED THROUGH THEM.

WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES OR GENERATED APPLICATIONS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, FREE OF VULNERABILITIES, OR SUITABLE FOR YOUR PARTICULAR PURPOSE.

WE DO NOT GUARANTEE THAT ANY APPLICATION CREATED USING CLEARWEB WILL BE APPROVED BY APPLE, GOOGLE, OR ANY OTHER THIRD PARTY.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARWEB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.

THIS INCLUDES LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, APPLICATION USERS, OR OTHER INTANGIBLE LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARWEB'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID TO CLEARWEB DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. $100 CAD.

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of these limitations may not apply to you.

Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Clearweb and its officers, directors, employees, contractors, and affiliates from claims, damages, liabilities, losses, and reasonable legal expenses arising from:

• your use of the Services;
• your User Content;
• applications you create, publish, or operate using Clearweb;
• your violation of these Terms;
• your violation of applicable law; or
• your infringement of another person's rights.

Governing Law

These Terms will be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Except where prohibited by applicable consumer protection law, disputes arising from these Terms or the Services will be subject to the jurisdiction of the courts located in Ontario, Canada.

Changes to These Terms

We may update these Terms from time to time to reflect changes to the Services, our business, applicable laws, or other operational requirements.

If we make material changes, we may provide notice through the Services, by email, or through another reasonable method.

The "Last updated" date at the beginning of these Terms indicates when they were most recently revised.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms, except where additional consent is required by law.

Contact Information

If you have questions about these Terms, please contact us at:

team@clearweb.agency

Clearweb

Clearweb Agency Inc.

One Fifty Five Dalhousie St

Unit 705 M5B 2P7

Toronto, ON