U.S. Terms of Use

These Terms of Service ("Terms of Service") constitute a legally binding agreement between you and ClearToServe and its parent companies, holding companies, subsidiaries, representatives, affiliates, related entities of any type, officers, and directors (collectively, "ClearToServe"), governing your use of ClearToServe's digital platform ("ClearToServe Platform") and any related content or services, including but not limited to, mobile and/or web-based applications ("Applications" or the "ClearToServe App," and together with the ClearToServe Platform, the "Services").

Notwithstanding the foregoing, if you choose, now or in the future, to use or provide third-party services made available through the Services (collectively, "Third-Party Services"), these Terms of Service do not supersede or otherwise impact the enforceability of any agreements you may have with ClearToServe or its subsidiaries regarding such Third-Party Services. If you have an agreement with ClearToServe regarding Third-Party Services with terms that conflict with these Terms of Service, the terms of that agreement (and not these Terms of Service) will apply with respect to any disputes arising from your provision of Third-Party Services; otherwise, any relevant provisions in these Terms of Service apply.

1. Contractual Relationship; Termination; and Modification

In addition to these Terms of Service, your access to, and use of the Services is also governed by the applicable terms found on our website. These include but are not limited to: the Privacy Notice; User Generated Content Terms; Community Guidelines; Referral Policies; and ClearToServe's other applicable standards and policies (collectively, the "Supplemental Terms.")

Collectively, we refer to these Terms of Service and the Supplemental Terms as the "Terms." These Terms govern your access or use, from within the United States and its territories and possessions, of the Services made available in the United States and its territories and possessions (the "Territory"). If you use the Services in another country, you agree to be subject to ClearToServe's terms of service for that country. In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.

Termination

ClearToServe, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Upon termination, your right to use the Services will immediately cease. Sections 2, 7, 8, 9, and 10 of these Terms shall survive any termination.

Modification

ClearToServe reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or ClearToServe's website. ClearToServe will provide you with reasonable notice of material changes via email to the address associated with your Account or through an in-app notification at least thirty (30) days before such changes take effect. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to the modified Terms, you must stop using the Services before the changes take effect.

2. Arbitration Agreement

By agreeing to these Terms, you agree that you are required to resolve any claim and/or lawsuit that you may have against ClearToServe on an individual basis in binding arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and ClearToServe are opting for a private dispute resolution procedure where you agree to accept the arbitrator's decision as final instead of going to court. You and ClearToServe are each waiving your right to a jury trial.

This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass, and/or representative action against ClearToServe, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against ClearToServe by someone else -- except as provided below in Section 2(a)(3)(c). The parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass, and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against ClearToServe in a single proceeding -- except as provided below in Section 2(a)(3)(c).

(a) Agreement to Binding Arbitration

(1) Covered Disputes

You and ClearToServe agree that any dispute, claim, lawsuit, or controversy in any way arising between you and ClearToServe will be settled by binding individual arbitration between you and ClearToServe, and not in a court of law. The only exceptions to this arbitration agreement are those expressly provided below in Section 2(b). You and ClearToServe mutually agree to arbitrate all disputes regardless of whether the dispute occurred or accrued before or after the date you agreed to these Terms. This Arbitration Agreement survives after your relationship with ClearToServe ends.

For the avoidance of doubt, you and ClearToServe mutually agree to arbitrate any disputes arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time, or a third party's access or use of the Services at your invitation; (iii) any claim arising from or related to the accuracy, completeness, or reliability of any compliance, certification, or training information or services provided through the Services; and (iv) your relationship with ClearToServe.

(2) Class Action Waiver

Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief.

The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable portion(s) shall proceed in a court of competent jurisdiction, but any portion of any claim(s) that are subject to arbitration on an individual basis shall proceed in arbitration and the parties agree that any remaining portions shall be stayed in court pending the completion of arbitration; (ii) the enforceable portion of the Class Action Waiver shall be enforced in arbitration; (iii) the unenforceable portion(s) shall be severed from this Arbitration Agreement; and (iv) severance shall have no impact on the enforceability of the Arbitration Agreement or the arbitrability of any remaining claims.

(3) Mass Actions

a. Mass Action Waiver: Any and all disputes between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration -- except as provided in Section 2(a)(3)(c). A "Mass Action" includes instances in which you or ClearToServe are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or ClearToServe's behalf.

b. Dispute Procedure: The arbitrator shall be empowered to determine whether a party has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise such a dispute within 15 days of its arising. If the dispute arises before an arbitrator has been appointed, a panel of three arbitrators shall be appointed to resolve the dispute. Each party selects one arbitrator from the arbitration provider's roster, and those arbitrators appoint a third neutral arbitrator. ClearToServe shall pay any administrative fees or costs incidental to the appointment of arbitrators under this provision. The arbitrators shall issue a written decision with findings of fact and conclusions of law. If a violation of the Mass Action Waiver is found, each party shall have 30 days to opt out of arbitration by providing written notice to the arbitration provider and to the other party.

c. Grouping: If a Mass Action is filed and neither party opts out of arbitration, the following procedures apply to increase efficiency: A Special Master may be selected to resolve threshold disputes regarding the Mass Arbitration Demands, including filing fee disputes, compliance with the Arbitration Agreement, whether demands meet the requirements of Section 2(d), whether claimants are barred by prior settlements or statute of limitations, representation disputes, and whether demands were filed with the correct provider. ClearToServe shall be responsible for the Special Master's fees and costs. The Special Master has no authority to consolidate cases.

After proceedings before the Special Master conclude, remaining eligible demands shall be organized into groups of no more than 100 per group by state of residence and then alphabetically by last name, with each group assigned to a single arbitrator. Each group will have one set of administrative documents, one set of fees per group, and one arbitration management conference per group. The arbitrator shall resolve all arbitrations within a group on an individual basis.

(4) Delegation Agreement

Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes concerning the Class Action Waiver and Mass Action Waiver.

(5) Application to Third Parties

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouse, domestic partner, heirs, estate, third-party beneficiaries and assigns, where their underlying claims arise out of or relate to your use of the Services or their use of the Services at your invitation.

(b) Exceptions to Arbitration

This Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, collective, coordinated, consolidated, mass, and/or representative action against ClearToServe.

(c) Rules and Governing Law

For disputes arising in California, the arbitration will be administered by ADR Services, Inc. ("ADR") in accordance with ADR's Arbitration Rules in effect at the time the claim is brought. For disputes arising outside of California (or if ADR cannot administer the arbitration), the parties shall meet and confer to select a neutral arbitration provider with operations in the state in which the dispute arises. If the parties cannot mutually agree, either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider.

The parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"), will govern its interpretation and enforcement. It is the intent of the parties to be bound by the provisions of the FAA for all purposes. If the FAA is found not to apply to any issue, that issue shall be resolved under the laws of the state where you reside when you accept these Terms, without regard to choice or conflict of laws principles.

(d) Process

Pre-Arbitration Dispute Resolution and Notification

The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Before either party demands arbitration, you and ClearToServe will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. The party initiating the claim must give notice to the other party in writing, and the conference shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon.

To notify ClearToServe, write to ClearToServe, Attn: Legal Department, at the address listed on ClearToServe's website, providing your name, the telephone number(s) and email address(es) associated with your ClearToServe account, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled during this process.

Initiating Arbitration

Following the conclusion of the informal dispute resolution process, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2(c). By signing the demand for arbitration, you agree to take reasonable steps to ensure that counsel certifies that the demand is not being presented for any improper purpose, the claims are warranted by existing law, and the factual contentions have evidentiary support.

(e) Location

Unless you and ClearToServe otherwise agree, if you reside in the United States, the arbitration will be conducted in the county where you reside. If you do not reside in the United States, the arbitration will be conducted in the county where the dispute arises.

(f) Offers of Judgment

At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn. If an offer is not accepted and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's costs from the time of the offer.

(g) Arbitrator's Decision

The Arbitrator will render an award within the time frame specified in the applicable arbitration provider's rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of a party and only to the extent necessary to provide relief warranted by the party's individual claim. An Arbitrator's decision shall be final and binding on all parties.

The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator's decision shall be binding only upon the parties to the arbitration that are the subject of the decision. The Arbitrator may award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.

(h) Fees

Your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider's rules and shall be up to the amount you would be required to pay if you filed a claim in court.

If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. Any and all disputes regarding a party's obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator.

(j) Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance shall have no impact on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, but any portion of any claim(s) that are subject to arbitration on an individual basis shall proceed in arbitration and the parties agree that any remaining portions shall be stayed in court pending the completion of arbitration.

(k) Stay of Litigation Pending Appeal

The parties agree that, in the event of any appeal from a court's denial of a motion to compel arbitration under the Arbitration Agreement, all litigation of the claims at issue in the appeal will be stayed pending resolution of the appeal.

3. The Services

The Services consist of ClearToServe's platform and any related content or services, including but not limited to mobile and/or web-based applications. The Services enable food and beverage establishments -- including restaurants, bars, tasting rooms, and other food and beverage businesses -- as well as their employees, managers, owners, and operators to access:

• Compliance management tools that allow organizations to track and manage required state certifications (such as food handler permits, alcohol server certifications, and other regulatory credentials) for their service staff
• Step-by-step certification guidance and automated workflows designed to help individuals efficiently complete required certification processes
• Compliance tools, certifications, training materials, and related services from ClearToServe and from third-party service providers ("Third-Party Providers")
• Related personalized content, including features, recommendations, and compliance-related information tailored to your needs and interests
• Certain supporting services, including payment processing, record-keeping, notifications, and customer support

Unless otherwise agreed by ClearToServe in a separate written agreement with you, these Services are made available solely for your personal and professional use in connection with food and beverage handling compliance.

Artificial Intelligence and Automated Features

Some content, features, or interactions within the Services may be generated or enhanced by artificial intelligence technologies. ClearToServe may use automated systems to provide recommendations, analyze compliance data, generate notifications, and improve the user experience. While ClearToServe strives for accuracy, AI-generated content is provided for informational purposes and should not be relied upon as a substitute for professional legal or regulatory advice. You acknowledge that automated features may not always produce complete or error-free results and that you are responsible for verifying compliance with applicable laws and regulations.

Certification Disclaimer

Service Availability

ClearToServe will use commercially reasonable efforts to make the Services available on a continuous basis. However, there will be occasions when the Services may be interrupted for maintenance, upgrades, or repairs, or due to failure of telecommunications links or equipment. ClearToServe will use reasonable efforts to provide advance notice of scheduled maintenance. ClearToServe shall not be liable for any interruption or delay in access to the Services.

App Stores

The availability of the Services may be dependent on the third-party from which you received the license to the ClearToServe App, e.g., the Apple iPhone or Android app stores ("App Store"). These Terms are between you and ClearToServe and not with the App Store and ClearToServe is responsible for the provision of Services as described in these Terms. However, if you downloaded the ClearToServe App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. These Terms incorporate by reference Apple's Licensed Application End User License Agreement, for purposes of which, you are the "end-user." In the event of a conflict, these Terms will control.

Ownership; License; and Restrictions

The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain ClearToServe's property or the property of ClearToServe's licensors. These Terms are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by ClearToServe or its licensors, except for the limited license granted herein.

Subject to your compliance with these Terms, ClearToServe grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the ClearToServe App solely in connection with your use of the Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and professional use in connection with the Services. Any rights not expressly granted herein are reserved by ClearToServe and ClearToServe's licensors.

You may not:

• Remove ClearToServe Names, Marks, or Works or other proprietary notices from any portion of the Services
• Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ClearToServe
• Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law
• Link to, mirror or frame any portion of the Services
• Cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services
• Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks
• Register, attempt to register, or claim ownership of any ClearToServe Names, Marks, or Works in any confusingly or substantially similar name, mark, title, or work

4. Third-Party Services and Content

While many Third-Party Services are available in the ClearToServe App, certain Third-Party Services or content are only accessible by exiting the ClearToServe App ("Out-of-App Experiences"). Once you click on a link to access Out-of-App Experiences, you will be subject to the terms and conditions and privacy policy of that website, destination, or Out-of-App Experience provider, which are different from ClearToServe's. ClearToServe will not warn you that you have left the Services or that you are subject to the terms and conditions of another website or provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by ClearToServe. ClearToServe does not endorse such Out-of-App Experience providers and in no event shall ClearToServe be responsible or liable for any products or services of such providers.

Third-Party Services may be subject to additional terms, conditions, fees, and policies imposed by the Third-Party Provider. In the event of a conflict in the terms, these Terms shall control with respect to ClearToServe and your agreements with ClearToServe herein, and the limitations of liability set forth in Section 8 shall also apply to claims involving a Third-Party Provider.

5. Accessing the Services

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Unless a specific Service provides otherwise: (i) you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, (ii) you may only possess one Account and (iii) you may not assign or otherwise transfer your Account to any other person or entity. ClearToServe maintains the right to delete or deactivate duplicate accounts. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times.

Organization Accounts

Certain users may register for an Organization Account on behalf of a business, establishment, or other entity ("Organization"). If you register for an Organization Account, you represent and warrant that you have the authority to bind that Organization to these Terms. An Organization Account allows the account holder ("Organization Administrator") to invite individuals (such as servers, bartenders, and other service staff) to join the Organization's team on the Services. As an Organization Administrator, you may have access to certain compliance and certification data for individuals within your Organization. You are responsible for ensuring that your use of such data complies with all applicable laws, including employment and privacy laws.

Individual Server Accounts

If you are invited to create an Account by an Organization, you will receive a free individual Account that allows you to access the step-by-step certification guidance and compliance tools available through the Services. By accepting the invitation and creating an Account, you agree to these Terms. You understand and acknowledge that certain information about your certification status and progress may be shared with the Organization that invited you, as necessary for the Organization's compliance management purposes.

You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit certain personal information, such as your name, email address, mobile phone number, and age, as well as at least one valid payment method ("Account Information"). You are responsible for providing accurate Account Information and may be asked to provide proof of age, identity or other method of identity verification to access the Services.

ClearToServe may also disable or delete your account if after registration your account is not confirmed, your account is unused and remains inactive for an extended period of time, if we detect unauthorized use, if we detect fraud, or where we are required to do so under applicable law. To the maximum extent permitted by applicable law, ClearToServe and its affiliates assume no liability for such loss of access and use.

For more information regarding ClearToServe's use of your personal information, please see our Privacy Notice.

Minors

You may not authorize third-parties to use your Account. You may not allow persons under the age of 18 to use the Services unless they are accompanied by you or an adult, or unless permitted by applicable law. If you are a parent or legal guardian, and you allow your child to use the Services, then these Terms apply to you and you are responsible for your child's activity on the Services.

6. User Conduct and Requirements; Communications; and User Content

User Conduct and Requirements

In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to ClearToServe, the Third-Party Provider, or any other party. You may not transfer, lend, or sell your Account, password and/or identification to any other party. You may not use the Services, or any content available through the Services, for any commercial purpose or for developing software, including training machine-learning or AI systems, without ClearToServe's prior written permission.

You agree to promptly notify ClearToServe of any unauthorized use of your Account, any security breach, or any inaccuracy in the compliance or certification data displayed through the Services that you become aware of, and you agree to cooperate with any investigation and attempted resolution of such matters.

Communications

By creating an Account, you electronically agree to accept and receive communications from ClearToServe, Third-Party Providers or third parties providing services to ClearToServe including via email, text message, calls, in-app communications, and push notifications. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded or automated messages, including but not limited to communications concerning certification deadlines, compliance reminders, and requests placed through your Account. Message and data rates may apply. Communications made through the Services, including calls, in-app chats, and other interactions may be monitored and recorded.

You may change your notification preferences by accessing Settings in your Account. To opt out of receiving text messages from ClearToServe, you must reply "STOP" from the mobile device receiving the messages. You acknowledge that opting out of receiving all communications may impact your use of the Services, including your ability to receive important certification deadline reminders.

Preventing Conflicts of Interest

In order to ensure that any Claims you may assert against ClearToServe under these Terms are resolved fairly, you agree to disclose any financial interest that you assign to a third party in connection with any Claim. This includes your agreement to disclose any relationship with third-party Litigation Funders and to disclose relevant Litigation Funding Agreements to which you are a party or which involve your Claim(s).

A "Claim" is any dispute, controversy, lawsuit, demand, or allegation asserted in arbitration and/or litigation in connection with this Agreement and the services described in these Terms. A "Litigation Funder" is any person or entity other than you, an insurer, your counsel, your legal guardian, or your estate that provides financial support in aid of the pursuit of your Claim(s) in exchange for an interest in any recovery. A "Litigation Funding Agreement" is any agreement that you enter into with a Litigation Funder with respect to any Claim(s) arising out of this Agreement.

Your obligation to disclose any Litigation Funding Agreement throughout any arbitration or litigation is continuous. As a condition of agreeing to these Terms, you waive any attorney client privilege, work product privilege, common interest privilege, or similar protection with respect to documents shared with or received from a Litigation Funder.

Use of Accounts Owned by Others

In the event you use a ClearToServe product or service that enables use of or billing to another person or business (such as an Organization Account), certain information will be shared with that party, including information regarding the time and date of services, the compliance or certification services accessed, your certification status and progress, and the associated charges.

User Provided Content; Feedback

Content that you provide to ClearToServe is governed by ClearToServe's Generated Content Terms, which are incorporated in these Terms by reference. Feedback that you provide to ClearToServe is governed by ClearToServe's Feedback Policy, which are incorporated in these Terms by reference.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. ClearToServe does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.

7. Payment

Prices & Charges

Your use of the Services may result in charges to you for the services you receive from ClearToServe and/or from Third-Party Providers ("Charges"). Prices displayed to you when purchasing services through the Services may be inclusive of fees charged by the Third-Party Provider and fees paid to ClearToServe. ClearToServe will enable your payment of the applicable Charges. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as service fees, cancellation fees, and/or surcharges.

Subscriptions and Recurring Charges

Certain features of the Services may be offered on a subscription basis with recurring charges ("Subscription"). When you purchase a Subscription, you authorize ClearToServe to charge the applicable fees to your selected payment method on a recurring basis (e.g., monthly or annually) until you cancel. ClearToServe will clearly disclose the subscription price, billing frequency, and any applicable trial period before you complete your purchase. You must affirmatively consent to the Subscription terms before being charged. Subscription fees are subject to change, but ClearToServe will provide you with at least thirty (30) days' advance notice of any price increase before it takes effect.

Cancellation of Subscriptions

You may cancel your Subscription at any time through the Account settings within the ClearToServe App or by contacting ClearToServe's customer support. If you signed up for your Subscription online, you may cancel online through the same mechanism. Cancellation will take effect at the end of the current billing period, and you will continue to have access to the Subscription features through the end of the period for which you have already paid. ClearToServe will send you a confirmation of cancellation promptly after you cancel. Unless otherwise required by applicable law, ClearToServe does not provide refunds for partial billing periods.

Free Accounts

Certain individual Accounts, including those created by service staff who are invited by an Organization, may be provided at no charge ("Free Accounts"). ClearToServe reserves the right to modify the features available to Free Accounts or to introduce charges for features previously offered for free, with reasonable advance notice.

Third-Party Provider Payments

With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and ClearToServe will collect payment of those charges from you, on the Third-Party Provider's behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. You retain the right to request lower Charges from a Third-Party Provider at the time you receive such services.

Payment Methods

When you add a payment method to your account, you authorize us and our payment service providers to collect and store your payment method information. Any payment method added by you will be automatically saved to your ClearToServe wallet. You can add multiple payment methods, and you agree that ClearToServe may charge any of these payment methods for any future transactions or Charges. If your selected payment method is expired, invalid or otherwise not able to be charged, you agree that ClearToServe may charge any other available payment method saved in your wallet. If your payment method's account information changes as a result of re-issuance, expiration or otherwise, we may automatically update your payment method on file, in accordance with applicable law.

When you pay for any Charges using your bank account as your selected payment method, you authorize us to debit your bank account for the total cost of all Charges, including any applicable taxes and fees. You also authorize us to further debit or credit your bank account to correct any erroneous debits, make adjustments to your payment, or issue a refund. Your bank account must be able to accept debits denominated in USD.

Refunds

Charges paid by you are final and non-refundable, unless otherwise determined by ClearToServe and the Third-Party Provider assessing the Charge. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please visit the "Help" tab in your Account to initiate such requests within the timeframe specified in the app, or, if no such timeframe is specified, within 30 days after the Charge occurred, subject to applicable law.

Promotional Offers

Certain users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services. You agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.

Charges for Violation of Terms

If you fail to comply with these Terms, you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.

8. Disclaimers; Limitation of Liability; and Indemnity

Disclaimers

Limitation of Liability

Indemnity

You agree to indemnify and hold ClearToServe and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) ClearToServe's use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

9. Data Protection and Privacy

Collection and Use of Data

ClearToServe collects and processes personal information as described in our Privacy Notice. By using the Services, you consent to such collection and processing. The types of personal information we collect may include your name, email address, phone number, employment information, certification and compliance data, payment information, and usage data. We use this information to provide and improve the Services, facilitate certification processes, send compliance notifications, process payments, and as otherwise described in our Privacy Notice.

Organization Data

If you are an Organization Administrator, you acknowledge that you are responsible for ensuring that your collection and use of your team members' data through the Services complies with all applicable laws, including but not limited to employment laws, state privacy laws, and any applicable data protection regulations. You represent and warrant that you have obtained all necessary consents and authorizations from individuals before adding them to your Organization on the Services.

Data Retention

ClearToServe retains your personal information for as long as your Account is active or as needed to provide the Services to you, and for a reasonable period thereafter as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and support legitimate business operations. Certification and compliance records may be retained for longer periods as required by applicable law or regulation.

Data Deletion and Portability

Upon your request, and subject to applicable law, ClearToServe will delete your personal information within a reasonable period, except to the extent that retention is required by law or for legitimate business purposes. You may request a copy of your personal data in a commonly used, machine-readable format by contacting ClearToServe's support team or through the applicable settings in your Account.

State Privacy Rights

If you are a resident of a state with applicable consumer privacy laws (including but not limited to the California Consumer Privacy Act as amended by the California Privacy Rights Act, the Virginia Consumer Data Protection Act, the Colorado Privacy Act, or similar state laws), you may have additional rights regarding your personal information, including the right to know what personal information is collected, the right to delete your personal information, the right to opt out of the sale or sharing of your personal information, and the right to correct inaccurate personal information. To exercise any of these rights, please contact ClearToServe as described in our Privacy Notice. ClearToServe will not discriminate against you for exercising your privacy rights.

Data Security

ClearToServe implements commercially reasonable technical and organizational measures designed to protect the security and confidentiality of your personal information. However, no method of transmission over the Internet or method of electronic storage is completely secure, and ClearToServe cannot guarantee the absolute security of your personal information.

Data Breach Notification

In the event of a data breach that affects your personal information, ClearToServe will notify you and any applicable regulatory authorities as required by applicable law. ClearToServe will provide such notification within the timeframes required by applicable state and federal data breach notification laws.

10. Other Provisions

Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2 above or in Supplemental Terms applicable to your region. This Choice of Law provision applies only to the interpretation of these Terms.

Choice of Forum

Any dispute, claim, lawsuit, or controversy arising out of or relating to these Terms shall be brought and tried exclusively in the state or federal courts in the judicial district encompassing the county in which the dispute arose, except as may be otherwise provided by the Arbitration Agreement above or in Supplemental Terms applicable to your region.

The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration Agreement in Section 2, and we refer you to Section 2 for the applicable provisions for such disputes.

Claims of Copyright and Trademark Infringement

Claims of copyright and trademark infringement should be sent to ClearToServe's designated agent. Please see ClearToServe's Copyright Policy or Trademark Policy for the designated address and additional information.

Notice

ClearToServe may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). Notice of any modifications to these Terms shall be effective upon posting an updated version on ClearToServe's website or through the Services.

Accessibility

ClearToServe is committed to making the Services accessible to all users, including individuals with disabilities. If you experience any difficulty accessing the Services or have suggestions for improving accessibility, please contact us through the "Help" tab in your Account or at the contact information listed on our website.

General

You may not assign these Terms without ClearToServe's prior written approval. ClearToServe may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ClearToServe's equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, ClearToServe, any Third-Party Provider, or any Out-of-App Experience Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. ClearToServe's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ClearToServe in writing.

Entire Agreement

These Terms, together with the Supplemental Terms and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and ClearToServe regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and ClearToServe regarding the Services.

Contact Us

If you have any questions about these Terms, please contact ClearToServe at the address listed on our website or through the "Help" tab in the ClearToServe App.