Terms of Service
The terms and conditions governing your use of Clarity Practice Pro services.
Last updated: December 22, 2024
Table of Contents
These Terms of Service ("Terms") govern your use of the Clarity Practice Pro website and services ("Service") operated by Clarity Practice Pro ("we," "our," or "us"). Please read these Terms carefully before using our Service.
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.
1. Acceptance of Terms
By creating an account, accessing, or using Clarity Practice Pro in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Clarity Practice Pro.
Eligibility
You must meet the following requirements to use our Service:
- Be at least 18 years of age or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding agreements
- Not be prohibited from using the Service under applicable laws
- Provide accurate and complete information during registration
Business Use
Our Service is designed for professional accounting and tax practice management. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
2. Service Description
Clarity Practice Pro is a Software-as-a-Service (SaaS) platform that provides practice management tools for accounting and tax professionals, including but not limited to:
- Client Management: Tools for managing client relationships, communications, and data
- Document Management: Secure storage, organization, and sharing of documents
- Workflow Automation: Automated processes for common accounting and tax tasks
- ClarityAI: AI-powered research and advisory assistance
- Reporting and Analytics: Business intelligence and performance tracking
- Integration Services: Connections with third-party accounting and business software
Service Availability
We strive to maintain 99.9% uptime for our Service, but we do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or other operational reasons with reasonable notice when possible.
Service Modifications
We reserve the right to modify, update, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes that may affect your use of the Service.
3. User Accounts and Security
Account Creation
To use our Service, you must create an account by providing:
- Accurate and complete registration information
- A valid email address
- A secure password meeting our security requirements
- Professional credentials and business information as required
Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use or security breach
- Using strong passwords and enabling multi-factor authentication when available
- Keeping your account information current and accurate
Account Sharing
You may not share your account credentials with others. If you need multiple users to access the Service, you must purchase additional user licenses according to our pricing plans.
4. Acceptable Use Policy
Permitted Uses
You may use the Service only for:
- Legitimate business purposes related to accounting and tax practice management
- Managing your own clients and business operations
- Accessing and using features according to your subscription plan
- Integrating with authorized third-party services
Prohibited Uses
You agree not to:
- Use the Service for any illegal, fraudulent, or unauthorized purpose
- Violate any applicable laws, regulations, or professional standards
- Attempt to gain unauthorized access to our systems or other users' accounts
- Reverse engineer, decompile, or attempt to extract source code
- Use automated tools to access the Service without permission
- Upload malicious code, viruses, or harmful content
- Interfere with or disrupt the Service or our servers
- Use the Service to compete with us or develop competing products
- Resell or redistribute the Service without authorization
- Remove or modify any proprietary notices or labels
Professional Standards
As accounting and tax professionals, you agree to use the Service in accordance with applicable professional standards, ethical guidelines, and regulatory requirements in your jurisdiction.
5. Subscription and Billing
Subscription Plans
We offer various subscription plans with different features and usage limits. Current pricing and plan details are available on our website. We reserve the right to modify our pricing with 30 days' notice to existing subscribers.
Billing and Payment
- Subscription fees are billed in advance on a monthly or annual basis
- Payment is due immediately upon subscription or renewal
- We accept major credit cards and other payment methods as specified
- All fees are non-refundable except as expressly stated in these Terms
- You authorize us to charge your payment method for all applicable fees
Auto-Renewal
Subscriptions automatically renew for the same period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings or by contacting support.
Late Payment and Suspension
If payment fails, we may suspend your access to the Service after reasonable notice. Your account will be reactivated upon successful payment of all outstanding amounts.
Taxes
You are responsible for all applicable taxes related to your use of the Service. We may collect applicable taxes where required by law.
6. Intellectual Property Rights
Our Intellectual Property
The Service, including all software, content, trademarks, logos, and other materials, is owned by Clarity Practice Pro and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service according to these Terms.
Restrictions
You may not:
- Copy, modify, or create derivative works of the Service
- Use our trademarks or branding without permission
- Remove or alter any proprietary notices
- Use the Service to develop competing products or services
Feedback and Suggestions
Any feedback, suggestions, or ideas you provide about the Service become our property and may be used to improve the Service without compensation to you.
7. User Content and Data
Your Content
You retain ownership of all data, documents, and content you upload to or create within the Service ("User Content"). You grant us a limited license to use, store, and process your User Content solely to provide the Service.
Content Responsibilities
You are responsible for:
- Ensuring you have the right to upload and use all User Content
- Maintaining backups of important data
- Complying with data protection and privacy laws
- Ensuring User Content does not violate any laws or third-party rights
Data Security and Privacy
We implement industry-standard security measures to protect your User Content. However, you acknowledge that no system is completely secure, and you use the Service at your own risk. See our Privacy Policy for details on how we handle your data.
Data Portability
You may export your User Content at any time through the Service's export features. Upon termination, we will provide reasonable assistance in data export for a limited time.
8. Privacy and Security
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Security Measures
We implement comprehensive security measures including:
- End-to-end encryption for data in transit and at rest
- Multi-factor authentication options
- Regular security audits and penetration testing
- SOC 2 Type II compliance
- Employee background checks and security training
Incident Response
In the event of a security incident, we will notify affected users and relevant authorities as required by law and follow our incident response procedures to minimize impact and prevent future occurrences.
9. Disclaimers and Warranties
Service Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Professional Advice Disclaimer
The Service, including ClarityAI, provides tools and information to assist with accounting and tax practice management. It does not constitute professional advice and should not replace your professional judgment. You are solely responsible for all professional decisions and compliance with applicable laws and regulations.
Third-Party Services
The Service may integrate with third-party services. We are not responsible for the availability, accuracy, or reliability of third-party services, and your use of such services is subject to their respective terms and conditions.
Data Accuracy
While we strive for accuracy, we do not warrant that the Service will be error-free or that all data will be accurate or complete. You are responsible for verifying the accuracy of all information and data.
10. Limitation of Liability
Liability Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLARITY PRACTICE PRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.
Damage Cap
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Essential Purpose
These limitations are fundamental elements of the agreement between us. The Service would not be provided without such limitations.
Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
11. Termination
Termination by You
You may terminate your account at any time by canceling your subscription through your account settings or contacting our support team. Termination will be effective at the end of your current billing period.
Termination by Us
We may terminate your account immediately if you:
- Violate these Terms or our Acceptable Use Policy
- Fail to pay subscription fees after reasonable notice
- Engage in fraudulent or illegal activities
- Pose a security risk to the Service or other users
Effect of Termination
Upon termination, your access to the Service will cease, and we may delete your account and User Content after a reasonable retention period. You remain responsible for all charges incurred before termination.
Data Retrieval
For 30 days after termination, you may request export of your User Content. After this period, we may permanently delete your data unless legally required to retain it.
12. General Provisions
Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
Dispute Resolution
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations.
Modifications
We may modify these Terms at any time by posting the updated version on our website. Material changes will be communicated via email or through the Service. Your continued use after changes constitutes acceptance of the modified Terms.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Clarity Practice Pro regarding the Service and supersede all prior agreements and understandings.
Contact Information
If you have any questions about these Terms, please contact us at legal@claritypracticepro.com.
Legal Department
Email: legal@claritypracticepro.com
Phone: +1 (555) 123-4567
Mail:
Clarity Practice Pro
Attn: Legal Department
123 Business Ave, Suite 100
San Francisco, CA 94105
United States