Last updated: December 2nd, 2024
We are Harbinger Labs Inc, doing business as Clarative ("Company," " we," " us," and " our"). These terms of use (“Terms”) govern your access and use of our website http://www.clarative.ai, as well as its features and services ("Site").
PLEASE READ THESE TERMS CAREFULLY: These Terms are the agreement between you and Company concerning your access to and use of the Site. By accessing the Site, you agree to be bound by these Terms. If you do not agree, do not access or use the Site.
Please also review our Privacy Policy, which explains how we collect, use, and share personal information and other data.
NOTICE OF WAIVER (CLASS ACTIONS AND JURY TRIAL): Under Section 13 of these Terms, you waive: (1) any right to participate as a plaintiff or class member in any class or representative action or proceeding against us; and (2) your right to a jury trial.
1. CHANGES TO THESE TERMS
a. We may change these Terms at any time. If we do, we will post the updated version on the Site and update the "Last updated" date above.
b. Updated Terms will be effective immediately when you accept them (for example, by agreeing when you create an account or login to an existing account or using our Site after the updated Terms have been posted); otherwise, they will be effective 30 days after posting.
2. OUR SITE
a. We provide the Site for your internal business purposes only from the United States. The Site is not intended for distribution to, or use by any person or entity in, any jurisdiction where distribution or use would be contrary to, or subject us to the laws or regulations of, that jurisdiction. Your access and use of the Site is at your own risk.
b. We reserve the right to operate and manage the Site in our sole discretion, as we deem appropriate, without any notice or liability to you. This may include modifying the Site at any time, restricting, suspending or discontinuing access to the Site, or disabling or terminating the Site or Content (as defined below).
3. ADDITIONAL TERMS
We may offer products or services through the Site that are subject to separate terms, such as an agreement, guidelines, or payment or license terms (“Additional Terms”). Those Additional Terms will control your access and use of those products and services and, if they conflict with these Terms, the Additional Terms will control.
4. USERS
a. Our Site is intended for a general audience and for users who are at least 18 years old (or, outside of the U.S., of legal age to enter into a contract). Persons under the age of 18 (or not of legal outside of the U.S.) may not access or use the Site.
b. You may use parts of the Site without creating an account. To access some features, you may be required to create by providing a username, password, and other information. You are responsible for: keeping your account information confidential and for all activities that occur in connection with your account. You must notify us immediately of any unauthorized access or use of your Site account. We may close or suspend your account without notice; if we do, you may no longer have any access to it. You may close your account by contacting us at info@clarative.aic. By accessing or using the Site, you represent and warrant that: the information you submit is true, accurate, current, and complete; you will update if it changes; you have the legal capacity to agree, and do agree, to comply with these Terms; you are of legal age in the jurisdiction in which you reside; you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; you will not use the Site for any illegal or unauthorized purpose; and your use of the Site will not violate any applicable law or regulation.
5. INTELLECTUAL PROPERTY RIGHTS
a. Site. We or our licensors own all right, title, and interest in and to: all intellectual property that is included in the Site, including , including its content (such as digital and electronic files, images and text, domain name, code, “look and feel,” source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics (collectively, “Content"); and all trademarks, service marks, logos, and branding included in the Site (“Marks"). The Site, Content, and Marks are protected by U.S. and international laws.
b. Your Right to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Site solely for your internal business purpose.
1. You may not use any part of the Site (including Content and Marks) for any other purpose whatsoever, without our express prior written permission.
2. To request permission to use the Site other than as set out in these Terms, submit your request to info@clarative.aiWe reserve all rights not expressly granted to you.
c. Our Right to Your Feedback and Unsolicited Submissions. We welcome feedback about our Site. However, by submitting any feedback or unsolicited idea, invention, suggestion, or other materials (through the Site, by email, or regular mail, or any manner), you agree—regardless of what you might say as part of the feedback or submission—that: it is not confidential or proprietary to you or a third party, we have no obligation to acknowledge receipt or return it to you, and we are free to use, distribute, or disclose it without any compensation to you or any third-party.
6. PROHIBITED ACTIVITIES
As noted above, use only for your internal business purposes is authorized. In addition, you may not:
a. Except as part of use of a standard search engine or Internet browser, use any automated system (such as a spider, robot, scraper, script, etc.) to access the Site or Content.
b. Systematically retrieve Content (whether manually or automatically) to create or compile, directly or indirectly, a collection, compilation, database, or directory.
c. Decipher, decompile, disassemble, or reverse engineer any of the software making up a part of the Site.
d. Frame or link to any Content.
e. Take any action that interferes with the operation or security of the Site.
f. Change or delete any attribution, legend, or any trademark, copyright, or proprietary notice appearing on the Site or Content.
g. Use the Site in a manner inconsistent with any applicable laws or regulations.
7. THIRD-PARTY WEBSITES AND CONTENT
The Site or Content may contain links to or permit interaction with third-party websites or services. The presence of those links does not mean that we approve or endorse them. To the fullest extent permitted by law, we assume no responsibility for the content, goods or services, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that you access or interact with those third-party websites or services at your own risk, and we make no representations as to them. You should review the terms and conditions and privacy policies of any third-party web sites or services that you visit.
8. Digital Millennium Copyright Act (“DMCA”) Notice
We respect the copyright interests of others. It is our policy not to permit materials that we know to infringe copyright to remain on the Site. If you believe any material on a Site infringes a copyright, then provide us with written notice that, at a minimum:
a. Is signed (physically or electronically) by the copyright owner (or a person authorized to act for the copyright owner).
b. Identifies the work claimed to be infringed (or, if multiple works, a representative list).
c. Identifies the material claimed to be infringing that you are requesting be removed (or access to which blocked) along with information that will let us locate it.
d. Your contact information (i.e., address, telephone number, email address, preferably all three).
e. A statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
By email:
admin@clarative.ai
By mail:
Harbinger Labs Inc.
1865 Union St.
San Francisco, CA 94123
United States
9. TERMINATION
a. We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms.
b. On termination, your right to use the Site will cease.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
a. Disclaimer of Warranty. TO THE FULLEST EXTENT PERMITTED BY LAW:
1. THE SITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, INCLUDING, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. WE DO NOT WARRANT OR REPRESENT THAT THE SITE OR CONTENT: IS FREE FROM ERRORS, MISTAKES, OR INACCURACIES, WILL BE UNINTERRUPTED, IS FREE FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE. WE ASSUME NOT RESPONSBILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO THE SITE.
b. Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW:
1. THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFIT OR REVENUE, LOSS OF DATA, PERSONAL INJURY, OR OTHER DAMAGES), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNT YOU PAID US, IF ANY, TO ACCESS THE SITE DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING AND, IF YOU DID NOT PAY US, $0 USD.
c. Some jurisdictions do not allow the exclusion of certain types of warranties, limitations on certain types of damages, or limitations on certain statutory rights. In those jurisdictions, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
11. INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your:
a. use of the Site;
b. breach of these Terms;
c. violation of the rights of a third party, including intellectual property rights and contract rights; or
d. violation of law.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification on becoming aware of it.
12. DISPUTE RESOLUTION
If there is any dispute, controversy, or claim (“Dispute”) related to these Terms, you and the Company agree:
a. Good Faith Negotiation and Mediation. Initially, to engage in good faith discussions and negotiations to resolve it. If the parties are not able to resolve the Dispute, to engage in a mediation administered by the American Arbitration Association under its Commercial Mediation Procedures; however, a party is not required to engage in mediation if the Dispute involves a claim for injunctive or equitable relief.
b. Waivers. Except where prohibited by applicable law:
1. Waiver of Right to Jury Trial. That each party waives any right to a jury trial of any dispute, controversy, or claim related to these Terms.
2. No Class Representative or Private Attorney General. That neither party may: act as a class representative or private attorney general, or participate as a member of a class of claimants. c. Jurisdiction. If for any reason, a dispute, controversy, or claim related to these Terms proceeds in court, it must be brought only in a state or federal court located in San Francisco, California.
13. GOVERNING LAW
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
14. GENERAL PROVISIONS
a. Entire Agreement. These Terms are our entire agreement regarding access to the Site.
b. No Waiver. Our failure enforce a right or provision of these Terms will not waive our right to enforce that right or provision in the future.
c. Severability. If any part of these Terms is determined to be unlawful, void, or unenforceable, that part will be modified and interpreted to accomplish its objectives to the fullest extent permitted by law and the remainder of the Terms will remain in effect.
d. Interpretation. For purposes of these Terms:1. A term defined in these Terms, when capitalized, will have the meaning assigned to it, whether it is used in its singular or plural form:
2. The terms “including” or “include,” mean “including, but not limited to.”
3. Titles are for convenience only and will not be considered when interpreting these Terms.
15. CONTACT US
To contact us for support, to resolve an issue, or get more information:
By email:
info@clarative.ai
By mail:
Harbinger Labs Inc.
1865 Union St.
San Francisco, CA 94123
United States
By telephone:
(707) 361-4794
In addition, if you are a California user, you can contact the Complaint Assistance Unit of the Division of Consumer Site of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
