These Terms of Service are a contract between you and Klarismo Inc. for use of the Services (defined below). By using or accessing the Services, you confirm that you agree to these Terms of Service. If you do not agree, do not use the Services.
"Klarismo" or "we","us" or "our" means Klarismo Inc., whose principal place of business is Klarismo Inc., ℅ WeWork, 156 2nd Street, San Francisco, CA 94105.
"R&D" means research and development activities performed by Klarismo on user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; or conducting data analysis that may lead to and/or include commercialisation with a third party.
"Service" or "Services" means Klarismo's products, software, services, and Website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
"Personal Information" is information that can be used to identify you, either alone or in combination with other information. Klarismo collects and stores the following types of Personal Information:
"Registration Information" is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and authentication information, and payment information).
"Anatomical Information" is information regarding your physiology collected through the scanning of your body by Klarismo or by its contractors, successors, and assignees, or otherwise processed by and/or contributed to Klarismo.
"Self-Reported Information" is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Klarismo account.
"User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials—other than Anatomical Information and Self-Reported Information—generated by users of Klarismo Services and transmitted, whether publicly or privately, to or through Klarismo.
"Web Behavior Information" is information on how you use the Klarismo website (e.g. browser type, domains, page views) or mobile applications collected through log files, cookies, and web beacon technology.
"Aggregated Anatomical and Self-Reported Information" is Anatomical and Self-Reported Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to minimise the possibility of exposing individual-level information while still providing scientific evidence.
No Personal Information shared with or stored by the Service constitutes designated record sets or protected health information as defined under U.S. regulations.
"Website" means any sub-domain of klarismo.com
The Service is operated by Klarismo Inc. in the United States. Our subsidiary, Klarismo Limited provides the Service in England and Wales.
You agree to use Klarismo's Services (excluding any services provided by Klarismo under a separate agreement) in accordance with these Terms of Service (“TOS”). These TOS apply to users based in the US, UK and elsewhere. Klarismo also may offer other services from time to time that are governed by different terms of service.
Except as specified herein, these TOS apply to any use of the Services, including but not limited to:
undergoing a Magnetic Resonance scan at one of our partner imaging centres;
uploading Anatomical Information and interacting with it on the Website or through our mobile applications; and/or
creating a Klarismo account and booking a Klarismo Body Scan.
By using the Service, you agree to these TOS. You may not use the Services if you do not accept these TOS.
Where this option is made available to you by Klarismo for any Service, you can also accept the TOS by clicking accept or agree to the TOS.
When using particular elements of Klarismo’s Services, you may be subject to additional guidelines or rules applicable to such Services, and such guidelines or rules will be made available to you through such Service from time to time. You acknowledge and agree that such additional guidelines or rules are incorporated by reference into this TOS.
You may not use the Services and may not accept the TOS if:
you are not of legal age to form a binding contract with Klarismo;
you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.
you do not possess the legal right and ability to agree to, abide by, and be bound by the TOS;
you are pregnant or think you could be pregnant;
you have medical implants or metal in your body that is not MRI safety certified. You understand that even if your implant is MRI certified it may affect the visual quality of the scan and the accuracy of the results.
In addition to the conditions above, if you contribute or otherwise provide your own Anatomical Information, you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree.
By using or accessing the Services, you confirm that you meet the eligibility requirements described in this Section 4.
You can place orders for the Service with Klarismo by following the process outlined on our Website. You acknowledge that by placing an order with us you are obligated to pay for the Service ordered.
The Klarismo order process allows you to check and amend any errors in your Personal Information, including payment information, before submitting your order to us. You are responsible for reading and confirming the accuracy of your order and your payment information at each applicable stage of the order process.
All orders are subject to acceptance by Klarismo. We will send you an email to confirm acceptance. The contract between you and us for the performance of the specific Service identified in the order and for the payment for such Service will only be made when we send you this email to confirm acceptance. Klarismo will charge your chosen payment method upon acceptance of your order.
If you change your mind about your order, you can cancel your order in accordance with our cancellation policy. See Section 7 of the TOS for further information regarding refunds and cancelation.
You are responsible for keeping the contact information we hold for you up-to-date so that we can contact you if necessary about your order.
The price of the Service will be as quoted on our Website.
The price of the Service may change from time to time at our sole discretion, but changes will not affect any order Klarismo has accepted. Information regarding price changes will be provided on our Website. We will not provide any other notice of price changes, and you are responsible for reviewing the price of Services quoted on the Website.
Klarismo accepts payment with the payment methods listed on our Website. You must pay for the Service in advance.
By submitting an order through our Website, you are confirming that the payment details provided on your order are valid and correct.
You can find more information about how to cancel an order in our Cancelation Policy at klarismo.com/cancellation
In addition, you may have additional rights to a refund as set out in our Cancelation Policy.
The Services include access to the Klarismo public Website and mobile applications.
You acknowledge and agree that the Services are provided ‘as is’ at the time of providing the Services.
As research progresses and scientific knowledge and technology evolve, Klarismo is constantly innovating in order to provide the best possible experience for its users. You therefore acknowledge and agree that the form and nature of the Services which Klarismo provides may change from time to time.
As part of this continuing innovation, you acknowledge and agree that Klarismo may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Klarismo's sole discretion.
You may stop using the Services at any time. You do not need to specifically inform Klarismo when you stop using the Services unless you are requesting closure of your account.
Klarismo assumes no responsibility for the use of Services except as described in the terms of this TOS.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and you are solely responsible for any service fees associated with such access.
You must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while Klarismo may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Klarismo at any time, at Klarismo's discretion. We may deny access to the Services based on your location or other reasons. You must not attempt to work around any such limitations in the Service. Service features may not be available in some languages and locations.
Klarismo’s Services, including providing you with Anatomical Information, are for your informational and educational purposes only, and for no other purpose. You acknowledge and understand that your Anatomical Information may not be welcome or positive. You may learn information about yourself that you do not anticipate.
You should not change your lifestyle behaviors or make health care decisions solely on the basis of information from Klarismo. All matters regarding your health require supervision by a personal physician or other appropriate health professional familiar with your current health status. Always consult your qualified personal health care provider before making lifestyle changes or health care decisions.
No part of the Website or the Services (including any imaging site or facility, or person associated with the imaging site or facility, where the Klarismo Body Scan is performed) are for the delivery of health care services or constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment and are not part of a “health-check” or any other health care service. The results of the Body Scan produce images that are non-clinical and are not of sufficient quality for diagnostic purposes. The BodyScan and your Anatomical Information and Personal Information will not be examined by any medical professional, including any person who otherwise provides services at the facility or imaging site where the Body Scan is performed, for the purposes of diagnosis or treatment. You should also understand that the Services and Body Scan are not of clinical quality, and in order for you to assess the medical or clinical meaning of your Anatomical Information, you may need to obtain further services from your physician or other health care provider.
Nothing in the TOS, Website or the Services should be construed as the dispensing of medical, nursing or other health care advice, directly or indirectly, by Klarismo. Klarismo does not offer or provide medical advice, treatment, or diagnosis or care, or any substitute for the foregoing. Always seek professional medical advice if you are concerned about your health and do not delay in seeking it because of something you have read, seen, or been provided with in connection with Klarismo’s Services. The Services are not designed or intended for use in emergencies or life-threatening situations or otherwise to address medical problems.
By accessing Klarismo Services, you agree to, acknowledge, and promise as follows:
You understand and agree that information you learn from Klarismo is not designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health, and Klarismo does not collect, generate, or analyze medical and clinical information.
You understand and agree to waive and release all claims against Klarismo and any person or entity providing the Services, or services with respect to the imaging site or facility or its services (including any facility or person associated with the facility or imaging site where the Body Scan is performed), and you agree that if you need diagnosis or treatment for any condition, you will contact a medical professional.
You understand that the Klarismo Services are intended for informational and educational purposes only, and that while Klarismo information may identify potential health issues, you should not make any decisions about your health based on the information you receive through the Service and you are strongly advised to seek the advice of your qualified personal health care provider if you have questions or concerns.
You are at least eighteen (18) years of age if you are ordering the Klarismo Service.
You agree that any Personal Information you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
You are promising that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You are responsible for all possible consequences resulting from your sharing with others access to your Anatomical Information and your Self-Reported Information.
You understand that by providing any Personal Information, having your Anatomical Information processed, accessing your Anatomical Information, or providing Self-Reported Information, youcare acquire no rights in any research or commercial products that may be developed by Klarismo or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Anatomical Information or Self-Reported Information.
You agree that you have the authority, under the laws of the country in which you reside, to make these promises and agreements. In case of breach of any one of these promises, Klarismo may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof), and you will reimburse Klarismo and its affiliates against any liability, costs, or damages suffered by Klarismo and its affiliates arising out of the breach of the promises.
You agree to:
provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and
maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.
You acknowledge that if you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Klarismo has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Klarismo may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion of it) without notice.
After you have purchased our Service, you will need to create an account designation to access the Service.
You are responsible for maintaining the confidentiality of your authentication information and account, and are fully responsible for all activities that occur under your account. If you allow third parties to access the Service through your username and authentication information, you will reimburse Klarismo and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use.
You agree to immediately notify Klarismo of any unauthorized use of your account or any other breach of security. You acknowledge that unless you log out from your account at the end of each session, a person with physical access to your device could access it.
Klarismo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you are responsible for all activities occurring in and communications transmitted through your account.
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Klarismo, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the Services content excluding the User Content (“Services Content”) presented to you as part of the Services, is protected by copyright and/or other intellectual property rights that are owned by Klarismo and/or the licensors who provide that content to Klarismo (or by other persons or companies on their behalf).
Klarismo grants you a Limited License to copy and use and distribute free of charge, for non-commercial purposes only, any of the Services Content, but only if you:
provide the Services Content as it appears on the Klarismo Website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services Content;
include the following attribution on the first page of any materials you distribute (except with respect to any materials you share and distribute on social media):
© Klarismo Inc. 2016 All rights reserved; distributed pursuant to a Limited License from Klarismo
agree you have no right to offer anyone else any further right with respect to this Services content.
Aside from the Limited License provided in this Section, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services Content (either in whole or in part) unless you have been specifically told that you may do so by Klarismo or by the owners of that content, in a separate agreement.
You must not use the Services:
for any purpose that is unlawful or prohibited by these TOS or any notices displayed on our Website;
in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services;
to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
to upload, post, email, or otherwise transmit any material that is derogatory, libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, offensive, or otherwise objectionable, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status, or that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law;
to impersonate any person or entity, including, but not limited to, anyone affiliated with Klarismo, or falsely state or otherwise misrepresent your affiliation with a person or entity;
to add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
to "stalk" or otherwise harass another;
to upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
to download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
to upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of Klarismo or any other party;
to harm minors in any way;
to advertise or offer to sell or buy any goods or services for any business purpose
to upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;
to upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
to use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website, unless explicitly permitted by Klarismo;
to engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Klarismo’s Website;
to attempt to or actually override any security component of Klarismo web services;
to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
to violate these TOS, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Klarismo; or
intentionally or unintentionally violate any applicable local, state, national or international law or any applicable regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Klarismo has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Klarismo may suffer) of any such breach. In case of breach of any one of these agreements Klarismo may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Klarismo and its affiliates against any liability, costs, or damages arising out of your breach of the TOS.
If you breach the terms of this Section and/or Klarismo has reasonable grounds to suspect that you have breached the terms of this Section, Klarismo may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You agree to comply with all local rules regarding online conduct and acceptable content.
You agree that, so far as you are aware:
your data may be transferred and/or processed outside the country in which you reside.
You will comply with all applicable laws regarding the transmission of technical data exported from the country from which you access Klarismo's Services.
You should not use our Service if in doing so you will breach any applicable laws.
Klarismo has no control over and does not check or moderate any User Content before it is added to or through the Service by users. We may later, in our own discretion, check, moderate, reject, refuse or delete any User Content if anybody objects to it, or we think that it breaches our TOS.
As such, we do not guarantee the accuracy, integrity, or quality of any User Content. Klarismo has no obligation to monitor any User Content added to or through the Service.
You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Klarismo be responsible in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any such User Content posted, emailed or otherwise available via the Service.
You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Any person may contact us by sending us an "Infringement Notice" if any content available through our Service infringes their rights or fails to comply with our TOS. The Infringement Notice should be sent by post to email to email@example.com.
Please provide the information described below in the Infringement Notice:
your name and contact details;
a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our TOS; and
a link to or such other means of identifying the problematic content.
We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
Klarismo does not claim ownership of the User Content you provide to Klarismo (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services.
By submitting, posting, or displaying User Content, you give Klarismo, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 13 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services.
You acknowledge and agree that this license includes a right for Klarismo to make such User Content available to other companies, organizations, or individuals with whom Klarismo has relationships, and to use such User Content in connection with the provision of those services.
You understand that Klarismo, in performing the required technical steps to provide the Services to our users, may:
transmit or distribute your User Content over various public networks and in various media; and
make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Klarismo to take these actions.
You promise to Klarismo that you have all the rights, power, and authority necessary to grant the above license.
As stated above, you understand that by providing any data, having your Anatomical Information processed, accessing your Anatomical Information, or providing Self-Reported Information, you acquire no intellectual property or similar rights in any research or commercial products that may be developed by Klarismo or its collaborating partners.
You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Anatomical Information or Self-Reported Information.
You agree to defend and hold Klarismo, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out your willful, reckless or negligent misconduct in submitting, posting or transmitting User Content through the Service; your use of the Service; your violation of the TOS; or your violation of any applicable laws or rights of another.
If you choose to provide your Anatomical and/or Self-Reported Information to third parties—whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes—you agree to defend and hold harmless Klarismo, its employees, contractors, successors, and assigns from any and all claims (unless caused by Klarismo’s negligence) arising from such disclosure or use of your Anatomical and/or Self-Reported Information.
You acknowledge that Klarismo may establish or change any existing general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Klarismo's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
Where Klarismo establishes or changes such general practices and limits which has a significant impact on your use of the Service, Klarismo will give you reasonable notice to familiarize yourself with such general practices and limits or changes and allow you to take any steps you consider necessary to mitigate the impact of any such general practices and limits or change.
You acknowledge and agree that Klarismo has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services unless caused by Klarismo’s negligence; or for the loss of Anatomical Information due to malfunction or destruction of data servers or other catastrophic events unless caused by Klarismo’s negligence.
Klarismo may, in our sole discretion, at any time and from time to time, modify or discontinue, temporarily or permanently, the Services (or any part thereof) to reflect changes in technology, commercial practice, behaviors, our business and the way users use our Service and applicable law and rules.
Klarismo will use reasonable efforts to notify you of any significant changes to the Service.
You acknowledge and agree that these changes may result in a delay in computations for some of the Klarismo features or Service and may affect your past activities on the Service, features that you use and your User Content ("Service Elements"). Any changes to the Service could involve Service Elements being deleted or reset.
You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which Klarismo grants you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service.
You acknowledge and agree Klarismo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any Service Elements.
The software that you use may from time to time automatically download and install updates from Klarismo. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Klarismo to deliver these to you) as part of your use of the Services.
You acknowledge that Klarismo may offer different or additional technologies or features to collect and/or interpret Anatomical Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Anatomical Information without fee, and that may have to pay additional fees in order to have your Anatomical Information collected, processed, and/or interpreted using any future or additional technologies or features.
The TOS will continue to apply until terminated by either you or Klarismo as set out in this Section.
If you want to terminate your legal agreement with Klarismo, you may do so by notifying Klarismo at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Klarismo's address, which is set out at the beginning of the TOS, or via email to firstname.lastname@example.org. If you provide notice via email, Klarismo will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
Klarismo may, at any time, by notice terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:
you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS) and have failed to remedy such breach on fifteen (15) days’ notice in writing to you;
Klarismo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
the partner with whom Klarismo offered the Services to you has terminated its relationship with Klarismo or ceased to offer the Services to you;
Klarismo is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or
the provision of the Services to you by Klarismo is, in Klarismo's opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Klarismo shall not be liable to you or any third party for any termination of your access to the Services.
Your correspondence or business dealings with—or participation in promotions of—information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource.
You acknowledge and agree that Klarismo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Klarismo has no control over such sites and resources, you acknowledge and agree that Klarismo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Klarismo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
You acknowledge and agree that Klarismo (or Klarismo's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Klarismo and that you shall not disclose such information without Klarismo's prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Except as expressly authorized by Klarismo, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Klarismo and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Klarismo Inc., Klarismo, and other Klarismo logos and product and service names are trademarks of Klarismo and these marks together with any other Klarismo trade names, service marks, logos, domain names, and other distinctive brand features are the “Klarismo Marks”. Unless you have agreed otherwise in writing with Klarismo, other than through the Limited License in Section 13, nothing in the TOS gives you a right to use any Klarismo Marks and you agree not to display, or use in any manner, Klarismo Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
For any Software not accompanied by a License Agreement, Klarismo grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Klarismo, in the manner permitted by the TOS.
You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Klarismo, in writing.
Unless Klarismo has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the interface that is provided by Klarismo for use in accessing the Service. Any rights not expressly granted herein are reserved.
EXCEPT AS OTHERWISE SET FORTH IN THIS TOS, YOUR USE OF THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK, AND THE SERVICES AND SOFTWARE ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
KLARISMO DOES NOT MAKE ANY WARRANTIES, GUARANTEES, OR PROMISES ABOUT THE SERVICES. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE RELIABLE OR BE AVAILABLE WHEN YOU WANT TO ACCESS THE SERVICES, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
DUE TO THE INHERENT NATURE OF SOFTWARE, THE INTERNET, TELECOMMUNICATIONS NETWORKS AND WEBSITES, KLARISMO DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE WHEN YOU WANT TO USE THEM, ERROR-FREE OR THAT ANY COMMUNICATIONS MADE USING THE SERVICES OR ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES WILL BE SECURE.
CERTAIN TERMS MAY BE AUTOMATICALLY INCLUDED INTO THIS AGREEMENT BY LAW. THESE TERMS RELATE TO THE QUALITY OF THE SERVICE PROVIDED, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT THAT KLARISMO IS ALLOWED DO SO BY LAW, WE EXCLUDE THESE TERMS FROM THIS AGREEMENT.
KLARISMO DOES NOT GUARANTEE THAT THE SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS AND KLARISMO WILL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGE ARISING FROM ANY VIRUS OR OTHER HARMFUL COMPONENT IN ANY OF THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU ARE ADVISED TO BACK-UP OR STORE SECURELY YOUR CONTENT AND USER CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KLARISMO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY PROMISE NOT EXPRESSLY STATED IN THESE TOS.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY.
KLARISMO DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, KLARISMO SPECIFICALLY DOES NOT ACCEPT ANY RESPONSIBILITY WITH REGARD TO YOUR ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
KLARISMO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS USING THE SERVICES. KLARISMO DOES NOT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE SERVICE. AS SUCH, KLARISMO WILL NOT BE RESPONSIBLE FOR ANY DAMAGE YOU SUFFER AS A RESULT OF YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
BECAUSE WE CANNOT CONTROL THE BEHAVIOR OF OUR USERS KLARISMO DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY USER CONTENT OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE CONDUCT OF ANY USERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENTS THEY MAKE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLARISMO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, BODILY HARM, DEATH, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, AND LOSS OF SECURITY OF THE INFORMATION YOU PROVIDE TO THE SERVICES, OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATION OF KLARISMO IS ADVISED IN ADVANCE OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE, AND IF APPLICABLE, TOTAL RESPONSIBILITY FOR ANY AND ALL CLAIMS YOU MAKE UNDER THESE TOS (INCLUDING IMPLIED TERMS) OR RELATED TO THE USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID (OR SOMEONE PAID TO US ON YOUR BEHALF) FOR ACCESS TO THE SERVICE OR ONE HUNDRED ($100) US DOLLARS, WHERE NO AMOUNT IS PAID TO US.
IN PARTICULAR, TO THE EXTENT PERMITTED BY LAW, KLARISMO WILL IN EVERY AND ALL CASES NEVER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM:
SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION 27 MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE, OR COUNTRY DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.
Notices to you may be made via either email or regular mail, at the address you provided. Klarismo may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at:
Klarismo Inc., Legal Department, ℅ WeWork, 156 2nd Street, San Francisco, CA 94105
Except as otherwise permitted in this TOS, any notices that you provide without compliance with this Section 28 shall have no legal effect.
Klarismo may make changes to the TOS at its sole discretion from time to time to reflect changes in our Service, technology, commercial practice, behaviors, our business and the way users use our Service and applicable law and rules. When these changes are made, Klarismo will make a new copy of the TOS available on its Website and any new additional terms will be made available to you from within, or through, the affected Services.
Klarismo will use reasonable efforts to notify you of any significant changes to the TOS.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Klarismo will treat your use as acceptance of the updated TOS.
Klarismo intends to rely on these TOS as setting out the written terms of our relationship with you unless we have both agreed to a separate written agreement between us that expressly supersedes this TOS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
For any dispute with Klarismo, you will first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Klarismo has not been able to resolve a dispute it has with you after attempting to do so informally, we will discuss with you and agree the most effective way of resolving our dispute using mediation or arbitration based on the nature of our dispute. Nothing in this section shall prevent either of us from seeking injunctive (emergency) relief or other equitable relief from the courts for matters relating to data security, intellectual property or any other proprietary rights.
These TOS shall be governed by the laws of the State of California, unless the Services are rendered in the UK, in which case these TOS shall be governed by the laws of England and Wales. Any dispute that is permitted to be brought in court shall be heard in the courts of California, unless the Services are rendered in the UK, in which event any such dispute shall be heard in the courts of England and Wales.
If you do not comply with this Agreement and we do not take action immediately, this does not mean that we have given up or waived any rights, and we may take action in the future. No single waiver shall be construed as a continuing or permanent waiver.
A printed version of these TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
If any provision or portion of these TOS is found to be unenforceable, this will not affect the remaining provisions or portion.
You may not assign or transfer any rights or obligations under this TOS. Any transfer will be ineffective. We may freely assign, transfer or delegate all or any part of our rights and obligations under this TOS, at any time and without notice.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding Klarismo’s Services or Software, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to our address our address set forth in Section 28. California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This Terms of Service was last updated on September 17th, 2015.