Terms of Service

The following terms (“Terms of Use”) constitute an agreement TinyBit, Inc. dba Clariti (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company and the web-based software application associated with the website and any other associated services, located at clariti.com.

Throughout these Terms of Use, “Website” refers to the website in its entirety, both its public and paid components. “App” refers solely to the web-based application, which is available only to users who have paid for access to the App.

Your use of the Website and App constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, its App, its policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website or App.

PURCHASE AND REFUND POLICY

Not all services will be available to all users of the Website. Purchase is required to access some services, such as the App. Additionally, your access to the App may be restricted based upon the level of service you purchase. For example, to enroll multiple websites in the App, you must purchase the appropriate service level.

Upon purchase, you must register an account (“Account”) by providing certain required information, such as your name and email address. Creation of your Account will grant you access to the App.

By registering for an Account, you represent and warrant that you are: a) at least 18 years old and b) the owner or representative of the owner of any websites which will be associated with the Account and input for analysis through the App. You understand and agree that you are responsible for updating the email address associated with your Account as this will be the method through which Company will contact you.

By creating the Account, you agree to abide by these Terms of Use. You understand and agree that you may not use the Website or any of the Website’s functionality, including the App, in any way that is deemed prohibited by these Terms of Use. Company may reject or cancel your Account for any reason, in Company’s sole discretion.

If you are not satisfied with the App, you may request a refund within 30 days of the date of your purchase. To request a refund, email [email protected]. After that time, no refunds will be available.

You will be billed on a 31 day basis to renew your Account. This purchase will be made to the credit card you have stored with our payment processor. In order to avoid being charged, you must cancel at least one (1) day prior to the next charge. Upon termination, you will no longer have access to your Account.

We reserve the right to modify any prices on the Website, at any time. If you are an existing user of the App, we will notify you of any price changes prior to your next billing date.

INTELLECTUAL PROPERTY RIGHTS

Company is the owner of the Website, the App, and all services and rights associated therewith. This includes all contents, features, and functionality, including, but not limited to, the Website, the App, software, text, displays, images, video, and audio, and the design of the Website. The Website and App are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws.

You agree to not not copy, modify, distribute, sell, or lease the Website or App or any part thereof or attempt to unlock or bypass any encryption or other protections the Company has employed. The App constitutes Company’s trade secrets and confidential information. You will not use any such information to duplicate the App, to develop a similar App, or to enable any third party to do any of the foregoing. Any violation of this provision shall be deemed to be an infringement of Company’s intellectual property and may result in termination of your Account in Company’s sole discretion and/or taking any legal action that Company may deem necessary.

Unless otherwise noted, the design, content, and all components of the Website and App are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

Clariti is a registered trademark of Company. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.

From time to time, the Website may legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.

Any rights not expressly granted herein are reserved by Company.

LICENSE FOR USE OF THE APP

If you have created an Account, Company grants you a limited, non-exclusive, non-transferable license to use the App. When you use the App, you authorize Company to to display and analyze data related to the website you have connected to the App. While the App’s software and all functionality related thereto are the sole property of Company, you are the owner of the data processed by the App, which would be accessed through your Account. Company makes no claims to your data. You may use the data entered into, or processed by, the App in any way, including to further your commercial interests in the website being analyzed by the App.

You agree not to use the App for to:

1. Interfere or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, or regulations of networks connected to the App;
2. Violate any applicable local, state, national, or international law, or any regulations having the force of law;
3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Solicit information from any person; or,
5. Obtain or attempt or otherwise obtain any materials or information through any means not intentionally made available or provided through the App.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content, such as blog posts, via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.

If you breach this license or the Terms of Use, Company reserves the right to immediately revoke your Account. No right, title, or interest in or to the Website, including the App, or its content, is transferred to you. All rights not expressly granted herein are expressly reserved by Company. Any use of the Website, including the App, or its content in a way not expressly permitted by these Terms of Use may be deemed a breach of the Terms of Use and may violate copyright, trademark, and other laws.

DISCLAIMER

Company disclaims any and all liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website or App. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or App.

Additionally, Company is not responsible for any errors and omissions found on the Website or App.

EARNINGS DISCLAIMER

Company has made every effort to ensure that all business information, including but not limited to any references to technology, marketing, sales, or business methodologies, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website or by using the App. Company assumes no responsibility for your decisions or for policies or practices that you implement based on information on the Website or the data you process within the App.

Everything provided on the Website is for informational purposes only and should not be construed as professional advice. If needed, Company recommends that you seek the advice of a professional for advice specific to your personal situation.

Any statements related to income, earnings potential, or growth on the Website are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for your earnings, income, sales, growth, or any other performance as a result of the actions you take based upon the information provided on the Website or within the App.

From time to time, the Website may feature results from past clients. Your results may vary from the results experienced by these clients. Company makes no guarantees that you will see increased income or positive changes to your business as a result of the information on the Website or within the App. You accept all responsibility for the performance of your business.

YOUR RESPONSIBILITY IN USING THE WEBSITE

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.

YOUR RESPONSIBILITY IN USING THE APP

You understand and agree that Company is not liable in any way for your use of the App, including, but not limited to, for any errors or omissions in the App, or for any loss or damage of any kind incurred as a result of the App. You understand and agree that you are fully responsible for your use of the App. Company makes no representations, warranties or guarantees.

PROHIBITED USES OF THE WEBSITE AND APP

You must not use the Website or App in a way that causes, or may cause, damage to the Website or App or impairs the availability of access to the Website or App. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website or App, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or App to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website or App without Company’s express written permission.

You must not use the Website or App to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.

You must not use the Website or App for any third-party marketing without Company’s express written permission.

CONTENT CONTRIBUTED TO THE WEBSITE

In limited circumstances, you may contribute content to the Website, exclusive of any use of the App, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website, exclusive of the App. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

COMMENT POLICY

The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:

• harassment directed toward any content creator or Company;
• spam;
• hate speech;
• defamatory statements regarding Company or any third party;
• references to illegal acts; or,
• comments that may violate the legal rights of a third party.

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

COMMUNICATION

If you send Company an email, register to use the Website, create an Account, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Website. Company assumes no control or liability over the content of any third-party websites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED THEREIN.

YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Company makes no warranty the Website or App will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website or App. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or App. The Website and App are written in English and Company makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF COMPANY IS THE AMOUNT YOU HAVE PAID TO COMPANY.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or, (iv) your use of the App.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Ramsey County, Minnesota. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Company’s prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company. Company reserves the right to amend or modify these terms, as stated above.

All notices with respect to the Terms of Use must be in writing and may be via email to [email protected]​ for Company and to your email