Terms and Conditions
Effective Date: December 29, 2023
Last Updated: July 8, 2024
Below are the general terms and conditions for trading with Cliarly. We recommend that you read them carefully before making a purchase. Please note that definitions may have different endings, depending on the context in which they are used, e.g., User/Users/The Users.
Note this (english) version is a translation of the original (danish) version. In the event of discrepancy or inconsistency between the two aforementioned versions or any legal disputes, the original (danish) version shall prevail.
1. Usage:
These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply to all products, as defined in section 2, sold on cliarly.com (hereinafter referred to as the “Website”) by Cliarly ApS, CVR no. 44537249 (hereinafter referred to as “Cliarly”) with offices at Porcelænshaven 26, 2nd floor, 2000 Frederiksberg, which users thereof (hereinafter referred to as “Users”), as defined in section 3, may purchase.
By using the Services, the User accepts these Terms and Conditions.
2. Products
Cliarly has developed Denmark’s leading and most user-friendly AI reading and writing tool. Cliarly offers Users a comprehensive solution that includes three tools, as detailed below, namely: a reading tool, a text correction tool, and a transcription tool (hereinafter referred to as “Services”), which can be accessed on the User’s device via the Website or Cliarly’s Chrome extension, depending on which Service the User wishes to use.
Reading Tool
Through Cliarly’s Chrome extension, Cliarly offers a reading tool that can be used to read texts aloud in clear, natural, and pleasant voices in both Danish and English, ensuring the best possible reading experience, such as avoiding reading references aloud.
Text Correction Tool
Through Cliarly Corrected on the Website, Cliarly offers a tool to correct texts using groundbreaking AI technology. This, among other things, helps make Cliarly the best text corrector available in Danish, as it understands the text in an intelligent way, including, for example, the meaning of a sentence in relation to the context in which it appears.
Transcription Tool
Through Cliarly Corrected on the Website, Cliarly offers a transcription tool that makes it possible to understand and write what the User is saying.
Cliarly’s Services can be used independently or in combination by the User. Common to all of these is that the functionality of Cliarly’s Services depends on the internet as well as the User’s input and control.
3. Users
Users are defined as anyone who purchases Services offered by Cliarly on the Website, as defined in section 1 above, whether a physical or legal person.
Cliarly offers Services to three different Users, depending on their needs:
- Students
- Standard
- Business
These Terms and Conditions apply to all Users.
Each User is unique and gains access to Cliarly’s Services through their personal profile. The User may not give other physical or legal persons access to Cliarly’s Services by sharing their login information.
4. Price and Payment
The applicable prices for Cliarly’s Services are stated on the Website in DKK, are based on needs and type of User, and reflect the price of a monthly subscription.
For Services to private Users (Students and Standard), the price is stated including VAT, while the price is exclusive of VAT for Services to business Users (Business).
Cliarly may, depending on the circumstances and, for example, due to, but not limited to, increased costs, choose to adjust prices from time to time. Users will always be informed of this prior to any such adjustment of the price for the use of Cliarly’s Services.
When the User makes a purchase on the Website for Cliarly’s Services, the amount will be deducted from the User on the same day and then on a monthly basis.
The subsequent monthly payment for Cliarly’s Services is due for payment on the agreed date, which as a starting point and unless otherwise agreed between the User and Cliarly, is the same day as the time of the User’s first purchase, but in the following month and then with a monthly interval, as defined in section 6 below.
Cliarly accepts payment from Mastercard, Visa, and PayPal for purchases of Cliarly’s Services on the Website. Cliarly covers the costs of fees charged by the payment processor in connection with this, while the User covers other costs.
The User is responsible for ensuring payment for Cliarly’s Services when due and must immediately notify Cliarly at info@cliarly.com if the collection has not reached the User by the day after the due date.
When using an automatic payment service, the User is responsible for entering into the necessary agreement with their payment provider for automatic withdrawal of the monthly charge for Cliarly’s Services (hereinafter referred to as the “Subscription”).
The User must at all times ensure that the specified amount limit covers the invoice amount and ensure that payment is made before the due date.
If the User does not wish to set up an automatic payment agreement, or if the User’s payment provider has not confirmed the agreement with Cliarly by the 4th of the month, a paper invoice with a corresponding invoice fee will be sent to the User.
If the User does not make payment before the due date, regardless of payment method, a collection notice with a new due date will be issued. In case of delayed payment, Cliarly may demand that costs and interest be covered in accordance with the Collection Act, the Interest Act, and other applicable legislation.
If the User has defaulted on a payment claim and receives a payment reminder, collection notice, or collection claim from an external collector, the payment information on the invoice from the external collector must be used for payment.
In the event of the User’s failure to pay for the Subscription, Cliarly is entitled to restrict the User’s access to Cliarly’s Services.
The above does not apply if the User has terminated their Subscription in accordance with section 6.
5. Delivery and Availability
Once the User has completed payment, the User is created in the system and immediately gains access to Cliarly’s Services, which are available when the User has an internet connection.
Cliarly strives to make Services available to the User to the greatest extent possible. However, it cannot be guaranteed that all Services are available at all times, as there may, for example, be maintenance or other events beyond Cliarly’s control that make Cliarly’s Services temporarily completely or partially unavailable.
Cliarly assumes no responsibility under any circumstances for any consequences or damages resulting from lack of availability or the fact that Cliarly’s Services cannot be used in whole or in part as intended.
6. Term, Termination, and Changes
The subscription to Cliarly’s Services constitutes an ongoing contractual relationship. Thus, the Subscription continues as a matter of course until the User’s termination, as defined below.
The Subscription can be terminated at any time by the User with a notice of the current month. The User can terminate the Subscription here: Terminate Subscription. Alternatively, the User can send an email to info@cliarly.com. Users who pay through invoice are referred to the latter.
Cliarly reserves the right to make ongoing changes, including changes to terms, prices, and services. In the last resort, Cliarly is entitled to change the User’s access to Cliarly’s Services if the User is in material breach, such as, but not limited to, the User’s failure to pay for the Subscription.
These Terms and Conditions are updated from time to time. Cliarly publishes amended Terms and Conditions on the Website. The amended Terms and Conditions apply to new Users from the date they are published. Existing Users will be bound by the amended Terms and Conditions 14 days after they have received notification thereof via email or through publication on the Website. If a User does not approve of the amended Terms and Conditions, the User must terminate the Subscription by the latest 14 days after the date on which the amended Terms and Conditions were published on the Website, in order not to be covered.
7. Intellectual Property
Cliarly has all ownership rights and intellectual property rights to Cliarly.
The User has only the rights expressly stated in these Terms and Conditions, unless otherwise agreed in writing between the User and Cliarly.
The User understands and accepts that Cliarly, including the Website, Cliarly’s Chrome extension, and Services in general, are protected by intellectual property rights owned by Cliarly or a third party, and may not be modified, copied, or translated, nor may codes be examined or decrypted.
The User is also aware that images, text, and other content are protected by intellectual property rights and confirms not to use or utilize these. Cliarly does not grant, either directly or indirectly, any license or rights of use to Cliarly’s content.
8. Limitation of Liability
In addition to what is otherwise stated in these Terms and Conditions, the following limitations of liability apply:
Cliarly makes no warranties or representations regarding existing content or information on the Website, nor generated content or information through Cliarly’s Services, or the accuracy thereof in general.
Cliarly makes no warranties or representations regarding the quality, usability, or security of the Website or Cliarly’s Services in general, nor is Cliarly liable for losses or damages caused by or directly or indirectly related to an information security incident or errors or breakdowns in Cliarly’s IT systems, or operational losses, time losses, loss of profit, loss of data, lost goodwill, and any other form of indirect loss.
The User undertakes not to, without limitation, either directly or indirectly, make claims or demands against Cliarly, its group or associated companies, owners or management (board members, management, staff or consultants) in connection with the limitations of liability listed in these Terms and Conditions.
Likewise, the User shall indemnify Cliarly to the extent that Cliarly is held liable to a third party arising from Cliarly’s Services offered to the User, and which together with any claims from the User exceeds the limitations in the Terms and Conditions, or which Cliarly is not responsible for to the User.
Cliarly is under no circumstances liable for indirect damage or loss of income or the like.
Cliarly’s maximum liability to the User can under no circumstances exceed the sum of the User’s total paid amount for Cliarly’s Services, however, up to a maximum of DKK 5,000.
The User can only file any other claims against Cliarly, and not against the individual employees, owners or physical or legal persons involved in Cliarly in general.
If the User is a business, the User’s claim for damages against Cliarly is barred 12 months after the User is or should have become aware of the circumstances that justify the claim for damages, however, at the latest 3 years after Cliarly has offered Cliarly’s Services, from which the claim for damages arises, to the User.
9. Personal Data and Communication
In connection with the use of Cliarly’s Services, Cliarly processes personal data about Users. For more information on this, please see Cliarly’s Privacy Policy here: Cliarly’s Privacy Policy.
General information about Services, etc. from Cliarly is sent directly to the User at the stated email address.
10. Cookies
Cliarly uses cookies on the Website, including in connection with Cliarly’s Services.
For more information on this, please see Cliarly’s Cookie Policy here: Cliarly’s Cookie Policy.
11. Security, Privacy, and Confidentiality
The User’s security, privacy, and confidentiality are of the utmost priority to Cliarly. Therefore, all Cliarly’s Services are equipped with the highest level of security, and Cliarly protects privacy and confidentiality, which is reflected, among other things, by the fact that all information processed through Cliarly’s Services is and remains confidential and is thus NOT shared or otherwise made available to other physical or legal persons or software in general.
12. References
If the User is a legal person, the User consents to Cliarly using the company’s name and logo as a reference on the Website and in connection with its own marketing in general.
13. Governing Law, Dispute Resolution, etc.
These Terms and Conditions are governed by Danish law.
Disputes related to the Terms and Conditions shall be sought resolved between the User and Cliarly, or alternatively finally decided by arbitration in accordance with the “Rules for the Handling of Cases by the Danish Arbitration Institute”.
In the event of inconsistency between the English and Danish versions of the Terms and Conditions, the latter shall prevail.
14. Contact
If you have any questions or concerns regarding these Terms and Conditions, please contact Cliarly by email at info@cliarly.com.