Terms And Conditions

Accounts

If you create an account with us, the information you provide to us in connection with your account is accurate, complete, and current at all times. Providing inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You agree that you are responsible for, and agree to abide by, all laws, rules, and regulations applicable to your use of the Services, your use of any tool, product, or service offered on the Website, and any transaction you enter into through the Website or in connection with the Website.

Security and Passwords

If you create an online account on the Website, you are responsible for maintaining the security of your account and the API key assigned to you. It is up to you as the account owner to keep your password and API key confidential. You are fully responsible for all activities that occur under the account and API key, and any other actions taken in connection with your account, or the use of the Website or API by that account or API key. You must notify us immediately here if you suspect a breach of security regarding your account, password, or username, or any other breach of security, but you will remain responsible for any unauthorized use of your account. You will not sell, transfer, or assign your account or any account rights. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Communications

By creating an Account on our Website, you are opting in to receive newsletters, marketing or promotional materials, and other information we may send to you via email from time to time. However, you may opt out of receiving promotional communications from us by following the unsubscribe link or instructions provided in any email we send.

Payments and Credits

For service utilization, you can pay with credits purchased on the Website. Payments for bulk must be made upfront and they are not refundable.

Bulk Credits: You have the flexibility to purchase any quantity of bulk credits whenever you need them. Payment options include card, PayPal, or all major debit and credit cards. Rest assured, our payment gateways adhere to the latest security standards to ensure your transactions are safe and secure. Additionally, any discounted price is subject to credit expiration, with discounted credits being able to be parked idle for a maximum of one year, but this can be extended depending on usage frequency or based on the mutual agreement.

Purchases

We may use third-party services to process payments made through the Website. By submitting your payment information, you grant us the right to provide such information (including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and CVV number) to these third parties, subject to our Privacy Policy. You also represent and warrant that:

(i) you have the legal authority to use the payment card information you are submitting through the Website; and

(ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to product or service availability, errors in the description or price of the product or service, error in your order, suspected fraud or unauthorized or illegal transaction.

General Rules

Clearout will verify the email addresses as you provide them. Clearout will not make any alterations or modifications to your data. The failure of Clearout to enforce any provision of these Terms and Conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

Access to the Service(s)

You are responsible for procuring and maintaining the network connections that connect you to the Service(s). Your access to and use of the Service(s) may require you to use or maintain specific browser software, security certifications, and other procedures that support protocols used by the Service(s). You may not be able to access or use the Service(s) (a) during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify you in advance through our Service(s)) (“Planned Downtime”), or (b) during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks. We will use commercially reasonable efforts to schedule Planned Downtime for weekends (UTC) and other off-peak hours.

Disclaimer of Warranties

The Service is provided “as is” and “as available”. Neither Clearout nor its owners, employees, contractors, suppliers, and licensors make any warranty that the Service will meet your requirements, be error-free, accurate, reliable, compatible, timely, or fast enough, or that access thereto will be continuous and uninterrupted. You understand that you utilize the API or otherwise obtain content or services through this website and API at your own discretion and risk. Clearout does not warrant that the information on the Website or the information or advice provided by Clearout's colleagues is complete, accurate, non-misleading, or true. In the event Clearout is unable to verify an email address, Clearout will return the result: "unknown". Credits deducted for unknown emails are automatically returned to the user's account for later use. The number or the level of unknown results does not qualify for a refund of payment under any circumstances.

Limitation of Liability

You agree to accept full responsibility for any loss resulting from the use of Clearout's website, services, tools, downloads, advice, or any other use of the Services. You agree to use the Services and follow the advice at your own risk. Clearout does not take responsibility for any delays, downtime, errors, inconsistent, or inaccurate results. In no event will Clearout; nor its owners, employees, contractors, suppliers, and licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for:

(i) any special, incidental, or consequential damages;

(ii) the cost of procurement or substitute products or services;

(iii) interruption of use or loss or corruption of data; or

(iv) 10% of the credits purchased.

Security of Your Data

We will maintain commercially reasonable administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your data. These safeguards may include encryption of your data in transmission (using SSL or similar technologies) as described further in the Security Policy on our Websites.

Data Collection and Privacy

We collect certain information about you and your respective devices, computers, and use of the Service(s). We use, disclose, and protect this information as described in our Privacy Policy, which is incorporated into these Terms by reference.

Changes to this Terms and Conditions

Clearout reserves the right, at its sole discretion, to modify or replace any part of its Terms and Conditions. It is your responsibility to review Clearout's Terms and Conditions periodically for changes. Any changes made to Clearout's Terms of Use, Anti-Spam Policy, Privacy Policy, Cookie Policy, and Data Processing Agreement go into effect immediately and your continued use of or access to the Service and API following the posting of any changes to this Terms and Conditions constitutes acceptance of those changes. Clearout reserves the right to change, suspend, or remove (temporarily or permanently) its Website, or to terminate its Services without notice, and you confirm that Clearout, nor its owners shall not be liable to you for any such change or removal, and you also confirm that you are not eligible for a refund under any circumstances for any payments made in the past.

Jurisdiction

The Terms and Conditions shall be governed by and construed in accordance with the state law of Delaware. This Agreement, including the policies included in our Terms of Use, Anti-Spam Policy, Privacy Policy, Cookie Policy, and Data Processing Agreement constitutes the entire agreement between Clearout and which you, the user have agreed to concern the subject matter herein and pertaining to services as outlined on the Website clearout.io.

Notices, Questions and Contact Information

All notices to be provided by us to you under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or Registered mail to the contact mailing address provided by you on any while subscribing to the Service(s); or (ii) electronic mail to the e-mail address provided for your account. Our address for notice to us in writing by Courier or Mail is Clearout LLC 281, 166 Geary St STE 1500, San Francisco, CA, US 94108 with a CC to [email protected] by electronic mail. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.