Terms of Service - Mobile
Terms of Service and End-User License Agreement — BodyByKeke: Mind
Last updated: 17 August 2026
By creating an account or using the app, you agree to these Terms. If you do not agree, please do not use the app.
1. Who we are, and how to reach us
The BodyByKeke: Mind mobile app (“the app”) is published and operated by:
| Legal entity | ClarityCI LLC, a limited liability company formed under the laws of the State of Florida, USA |
|---|---|
| Business address | 931 McInnis Ct, Kissimmee, Florida 34744, USA |
| Telephone | +1 (407) 436-2676 — for questions, complaints, and claims about the app |
| General and support contact | support@clarityci.com |
| Privacy contact | The Privacy Officer, privacy@clarityci.com |
| Reports, appeals, and intellectual property complaints | support@clarityci.com, or the postal address above. Sections 6 and 7 say what to include. |
In these Terms, “we”, “us” and “our” mean ClarityCI LLC. “You” means the person using the app.
Any question, complaint, or claim about the app should be sent to support@clarityci.com, to the telephone number above, or to the postal address above. Apple and Google are not responsible for the app and cannot answer for it — see section 17.
How we handle your information is described in our Privacy Policy, which forms part of these Terms.
2. Some words we use
| The app | The BodyByKeke: Mind mobile application, on any device, including all of its features and any content we supply through it. |
|---|---|
| Circle | A private group of 2 to 8 people, joinable only with an invite code given out by a member. Circles cannot be searched for or discovered. |
| Your Content | Anything you write or record in the app: journal entries, mood check-ins and their notes, me-time blocks and rituals, your profile name, your per-Circle nickname, Circle names you create, and shared session titles. |
| Shared Content | The subset of Your Content that other people can see: Circle names, per-Circle nicknames, shared session titles, and the specific signals you switch on for a Circle. Your journal is never Shared Content and cannot be made so. |
| Encrypted Journal Content | The part of Your Content made up of your journal entries. It is encrypted on your device before it reaches us, it is never Shared Content, and section 8 governs it: we hold only the encrypted text and cannot read, moderate, or recover it. |
| Nudge | A short encouragement sent to a Circle member, chosen from a fixed list. There is no free-text field, so a nudge cannot carry a message you compose. |
| Premium | The paid subscription tier, sold through the App Store or Google Play. |
| The stores | Apple’s App Store and Google Play, through which the app is distributed and all subscriptions are sold. |
3. Who may use the app
You must be 18 or over to use the app. It is built for adults: it records health-related information, it takes subscription payments, and it puts you in a private group with other people. We have not built a parental-consent process, and we do not offer one.
We do not knowingly allow anyone under 18 to create an account or to be added to a Circle. If we learn that an account belongs to someone under 18 we will close it and delete the information held under it. If you believe a minor is using the app, tell us at support@clarityci.com and we will act.
You may not use the app if we have previously terminated your account.
4. Your account
You are responsible for keeping your login details secure and for activity that happens under your account. Please tell us promptly at support@clarityci.com if you believe someone else has access to it.
Provide accurate information when you sign up, and keep it current. An account is for one person. Do not share an account with anyone — the journal in particular is encrypted to your account and there is no way to separate two people’s entries afterwards.
Sharing a purchase is not sharing an account. Family Sharing, volume purchasing, or a similar store feature may let someone else install the app or use a subscription bought under your store account — see section 17 — but they use it through their own app account. Nothing about a store-level arrangement transfers your app account, your journal, or anything else held under it to another person, and none of it makes an account shareable.
5. Subscriptions and payment
At a glance
- The app is free to use. Premium is optional.
- Premium renews automatically until you cancel.
- Each new period is charged at the price shown when you bought. Apple and Google handle the billing, on their timing.
- Cancel in the App Store or Google Play — we have no way to cancel a store subscription for you, though Profile → Subscription → Manage subscription takes you straight there. Cancel before the renewal date to stop the next charge.
- Cancelling does not cut you off early: you keep Premium until the period you have paid for runs out.
- Refunds for a Premium subscription are normally requested from Apple or Google, who took the payment — though in some cases the store will send you to us instead. Your statutory rights are unaffected, and we will help.
- If Premium ends, nothing of yours is deleted.
This box is a summary for convenience. The sections below are the terms that actually apply.
5.1 What Premium includes
Some features are free. Others — including unlimited rituals, additional Circles, and guided audio — require a Premium subscription. What is included in each tier is shown in the app before you buy.
We may add to, change, or retire features as the app develops. But while you are paying for a tier, we will not withdraw a feature that was a significant part of what that tier offered without giving you reasonable advance notice, and we will tell you in the app before the change takes effect. If we do withdraw such a feature, you may cancel; where the law of your country gives you a right to a refund or a price reduction in that situation, that right applies. Section 12 says how we give notice, and it does not override this paragraph.
5.2 Price, term, and automatic renewal
- The price, the length of the subscription period, and what is included are shown on the purchase screen before you buy, in your local currency.
- Subscriptions renew automatically for the same period at the then-current price unless you cancel before the renewal date shown in your App Store or Google Play subscription settings. We suggest cancelling at least 24 hours ahead as a practical margin, but it is the renewal date that governs.
- Payment is charged to your App Store or Google Play account. Apple and Google control billing and payment authorisation, including their timing. We do not control that and cannot change it.
- Apple or Google takes the payment, not us. We never receive or store your card details. Your subscription is managed in your store account.
5.3 Free trials and introductory offers
Where a free trial or introductory price is offered, the terms of that offer — its length, what it costs afterwards, and who is eligible — are shown on the purchase screen. Eligibility is determined by Apple or Google, not by us.
A free trial converts to a paid subscription automatically unless you cancel before it ends — again with 24 hours as a sensible margin rather than a rule we set. A free trial or introductory offer may end early if you buy a subscription, or if you otherwise stop being eligible under the rules of the store you bought from.
5.4 Cancelling
Cancel at any time in your App Store or Google Play account settings, and the app will take you there in one tap: Profile → Subscription → Manage subscription opens the subscription screen of whichever store you bought from. The cancellation itself happens in the store, not in this app: your subscription is bought from and managed by the store, so that is where it is turned off.
- iPhone or iPad: Settings → your name → Subscriptions → BodyByKeke: Mind → Cancel Subscription. Or apps.apple.com/account/subscriptions.
- Android: Google Play → your profile picture → Payments & subscriptions → Subscriptions → BodyByKeke: Mind → Cancel. Or play.google.com/store/account/subscriptions.
Cancel before the renewal date and no further charge is taken. You keep Premium until the end of the period you have already paid for. Deleting the app does not cancel a subscription, and neither does deleting your account — see section 12.
5.5 Refunds
Premium subscriptions are bought through the billing system of the store you downloaded the app from. A refund request is normally handled by Apple or Google under their own policies — but in some circumstances you will need to come to us instead, and Google in particular directs users to the developer once a purchase is more than 48 hours old. We will deal with a refund where it is ours to deal with under our own policy or under the law that applies to you. We do not receive the payment for a store purchase, so we cannot put it back through the store ourselves. (Physical products bought from the shop are separate — see section 10.)
- App Store: request a refund at reportaproblem.apple.com. Apple decides.
- Google Play: request a refund through your Google Play order history or Google Play support. Google decides, and where Google sends you to us instead, write to support@clarityci.com.
Your statutory rights are not affected by this section. In particular, if the law where you live gives you a right to cancel a purchase within a cooling-off period, or a right to a repair, replacement, refund, or price reduction when a digital service is faulty or not as described, you keep that right and may exercise it against us. Tell us at support@clarityci.com and we will help you get it, including by dealing with the store where that is what it takes.
5.6 Price changes
We may change subscription prices from time to time, for reasons including changes in our costs, in taxes or exchange rates, in the features or services included in a subscription, or in the market or the business supporting the app. A price change takes effect only in accordance with the applicable App Store or Google Play rules, and after any notice or consent those rules and applicable law require.
A price change never increases the price of a period you have already paid for. Where the store permits an increase without your express acceptance, we will give the advance notice that store requires and an opportunity to cancel before the new price applies. Where the store requires your explicit consent, the new price does not apply unless you give it.
5.7 What happens if your subscription ends
We do not delete anything of yours when a subscription lapses. If you have more rituals or Circles than the free tier allows, the extra ones are held, not removed: they stay exactly as they were, you simply cannot open them, and resubscribing restores all of them with nothing for you to do.
While a Circle membership is held, it is inactive in both directions — you will not appear in that Circle’s roster and will not receive its notifications. Your membership itself is not cancelled, and other members are told nothing about why you are no longer active. Your journal, mood history, and me-time blocks are never affected by a lapse.
6. Circles, content, and conduct
6.1 Objectionable content and abusive behaviour are prohibited
We prohibit objectionable content and abusive behaviour, and there is no tolerance for either in this app. You must not use any part of the app — including Circle names, your Circle nickname, shared session titles, or your profile name — to post, send, or display content that is:
- unlawful, harassing, bullying, threatening, stalking, or abusive;
- hateful or discriminatory on the basis of race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, age, or any other protected characteristic;
- sexually explicit, or sexualising a minor in any way — including any depiction, description, or solicitation involving a child;
- an intimate image of a real person shared without that person’s consent, or any threat to share one, whether the image is genuine or has been digitally created or altered to look like them;
- violent, or encouraging self-harm, suicide, disordered eating, or violence toward others;
- deceptive, impersonating another person, or infringing anyone’s copyright, trade mark, privacy, or other rights;
- spam, advertising, or promotion of a product or service.
You must not attempt to access another user’s account or data, reverse engineer or interfere with the app, use it to build a competing product, or use automated means to access it.
The app has no way to upload a photo, a file, or a free-text message to another person, which is why most of this list describes things that are difficult to do here. The prohibition applies to whatever you can reach, now and in future versions.
Some wording is refused before it is saved. Circle names, Circle nicknames, and shared session titles are checked as you save them, and text we prohibit is rejected rather than stored and dealt with later. If that happens you will be told, and asked to choose something else. The check is not a substitute for the reporting in section 6.2 — no automatic check catches everything, and a person still reads what you report.
6.2 Reporting — in the app
You can report content and people from inside the app, without contacting us first. You do not need to leave the screen you are on:
- Report a person. Tap the three dots beside their name in a Circle → Report. Use this for how someone is behaving.
- Report a name or a title. The same menu offers Report the name for a nickname; a shared session carries a flag icon for its title; and a Circle’s own name can be reported from the bottom of the Circle screen. Use these when the words themselves are the problem.
Pick a reason, add anything you want us to know, and send. We take a copy of the reported wording at the moment you report it, so that a name changed straight afterwards does not make your report meaningless.
Reports are reviewed by our moderation team. We aim to take an initial look within 3 business days. Reports alleging a threat to someone’s safety, or the sexualisation of a minor, are prioritised for prompt review ahead of everything else. We will act on a breach with or without a report, and we do not have to give notice before doing so.
You can also reach us at support@clarityci.com, and you should, for anything urgent or anything the in-app form does not cover. If someone is in immediate danger, contact your local emergency services first — see section 9.
6.3 Blocking, leaving, and removing
- Block someone. Three dots beside their name → Block. Blocking works both ways and everywhere: neither of you appears in the other’s Circles, neither can nudge the other, and neither sees the other’s shared sessions, in every Circle you both belong to. They are not told. Undo it any time at Profile → Blocked Accounts.
- Leave a Circle. Circle → Settings → Leave circle. There is no way to contact another user except inside a shared Circle, so leaving ends all contact from its members.
- Turn off nudges for a Circle while staying in it: Circle → Settings.
- Remove a member. A Circle owner can remove anyone from their Circle, and can rotate the invite code so a code that has been passed around stops working.
Blocking is not the same as reporting, and neither removes anyone from a Circle. If someone has broken section 6.1, please report them as well as blocking them — a block protects you, and a report is the only thing that reaches us.
6.4 Your Content, and the licence you give us
You retain ownership of Your Content.
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, back up, transmit, reproduce, and reformat Your Content solely so that we can operate the app and deliver it to you — and, for Shared Content only, to display it to the other members of the Circle you shared it into. That licence extends to the technical steps delivery actually requires — encoding, caching, resizing, and copying between our providers’ systems — and no further. It lasts only as long as we hold the content for the purposes described in these Terms and our Privacy Policy — which includes any Recently Deleted period and the routine backups that age out on their own schedule — and it ends when we no longer hold it.
We do not use Your Content to advertise, and we do not use it to train machine-learning models. We do not sell it, and we do not intentionally make it available to other users except as these Terms describe — Shared Content to the Circle you shared it into, and nothing else. Two things sit outside that, and we would rather name them than let the sentence above imply otherwise: the service providers listed in our Privacy Policy process Your Content, encrypted or not, to the extent that running the app requires it; and we may preserve or disclose it where the law requires, as section 6.5 says. Your journal is outside both, because it is encrypted on your device and we do not hold the key — see section 8.
You are responsible for what you write and confirm you have the right to write it.
Your journal is Encrypted Journal Content. It is encrypted on your device, and we cannot read it, moderate it, or recover it — see section 8. The licence above is what lets us store the encrypted text; it does not give us the ability to open it, and nothing we could agree to would.
6.5 What we may do about content and accounts
Where we reasonably believe something breaches section 6.1 or the law, or puts someone at risk, we may, with or without notice and at our discretion:
- remove or replace the offending text — a Circle name, a nickname, or a shared session title;
- delete a shared session;
- remove a person from a Circle;
- limit an account’s ability to send nudges, propose sessions, or join Circles;
- suspend an account, or terminate it under section 12;
- preserve and disclose information where the law requires it, or where it is necessary to protect someone from harm.
We will take the least severe step that addresses the problem, and where it is reasonable and lawful to do so we will tell the affected person what we did and why. We cannot remove or moderate journal entries, because we cannot read them.
Repeat offenders. We operate a repeat-offender policy, and may terminate an account that repeatedly breaches section 6.1. We may also terminate a first-time account outright where the breach is severe.
6.6 If you think we got it wrong
You can appeal. Email support@clarityci.com with the subject line Appeal, within 30 days of the decision, telling us what was removed or restricted and why you think that was wrong. We review appeals through a process separate from the original decision where that is reasonably practicable, and we aim to respond within 10 business days with the outcome and the reason for it.
If we agree we were wrong, we will reverse the action as far as we still can. Some things cannot be undone — a deleted shared session cannot be recreated with its original RSVPs — and we will say so plainly rather than imply otherwise.
An appeal does not affect any right you have to complain to a regulator or to go to court.
7. Copyright and other intellectual property complaints
If you believe something in the app infringes your copyright, send a notice to us at:
ClarityCI LLC
931 McInnis Ct, Kissimmee, Florida 34744, USA
Email: support@clarityci.com —
subject line Copyright
Telephone: +1 (407) 436-2676
So that we can act on it, please include:
- your name, postal address, telephone number, and email address;
- identification of the copyrighted work you say has been infringed;
- identification of the material you say is infringing, with enough detail for us to find it — in this app that usually means the Circle, the nickname, or the session title;
- a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent, or the law;
- a statement that the information in your notice is accurate, and that you are the copyright owner or authorised to act on their behalf;
- your signature, physical or electronic.
We respond to complete notices, and where the complaint appears well founded we will remove or disable the material.
If something of yours was removed and you think that was a mistake, write to the same address, with the subject line Copyright, and tell us what was removed, where it appeared, and why the removal was wrong. We will look at the decision again, we may tell the person who complained that you have responded, and we will restore the material if we conclude the complaint was mistaken. Section 6.6 applies to this as it does to any other decision of ours.
Do not send us a claim of infringement you know to be false. Doing so may make you liable to the person whose material you had removed, and to us.
We operate a repeat-infringer policy, and may terminate the account of a repeat infringer in appropriate circumstances.
For trade mark, publicity, or other intellectual property complaints, write to the same address with the subject line IP complaint, describing the right you hold, the material, and why it infringes.
Non-consensual intimate images. If an intimate image of you has been shared or threatened without your consent anywhere in the app, report it under section 6.2 or email support@clarityci.com with the subject line Urgent. We treat these as our highest priority. On a valid request we target review and removal within 48 hours where reasonably practicable, and we take reasonable steps to identify and remove known identical copies. Where the law sets a removal deadline for a report of this kind, we meet it. Do not attach the image itself; describe where it is and we will find it. We follow this process because it is the right one for a report of this kind, whether or not the federal notice-and-removal duties written for covered platforms reach an app shaped like this one.
8. Your journal, and the limits of what we can do
Journal entries are encrypted on your device before they reach us. Encryption uses AES-256-GCM with a key that is generated on your device and stored in your device’s secure keychain or keystore. What our servers receive and hold is the encrypted text. We do not hold the key needed to decrypt it, and we have not built any facility for doing so. This means:
- We cannot read your journal. Not to help you, not to moderate it, not on request, and not under a court order: because we do not possess the key, we cannot provide the contents in readable form to you or to anyone else. What we can be compelled to produce is what we hold — the encrypted text, which we cannot decrypt, because we do not hold the key required to do so, along with account records and the times entries were written or changed.
- We cannot recover your journal. There is no support path and no administrative override, because any recovery route we could offer would require us to hold something that opens the entries, and we do not. If a device is lost and no other device holds the key, the entries written on it cannot be read again by anyone, including us.
- Reading your journal on a second device requires a passphrase you choose. Your device turns that passphrase into a second key and uses it to seal a copy of your journal key, and only the sealed copy — together with the random value used to seal it — is stored on our servers. We never receive the passphrase itself, and the sealing is designed to make guessing it impractical for anyone holding the sealed copy.
- There is no way to reset a forgotten passphrase. A reset we could perform would be a back door we could be compelled to use, so we have not built one. If you forget it, entries written on a device you no longer have may be permanently unreadable. Every screen in the app that sets a passphrase says so before you set it.
- An entry this device cannot open shows a placeholder instead of your text. That is a missing key, not a lost entry — the encrypted text is intact and will open as soon as a device holding the right key signs in, or as soon as you unlock with your passphrase.
- You are responsible for keeping your own copies of anything you cannot afford to lose.
- Deleting an entry moves it to Recently Deleted, where you can restore it; a scheduled job permanently purges it 30 days later. If you delete your account while entries are sitting there, they go with the account at the end of its 30-day period, whether or not their own 30 days have run — whichever of the two comes first is when an entry is actually gone. Section 10.2 of the Privacy Policy says this in the same words.
- If you ask us for a copy of your data, your journal can only be supplied as the encrypted text it is — we cannot produce it in readable form.
This is the direct cost of the privacy guarantee, and you accept it as a condition of using the journal.
9. Health disclaimer — please read this
BodyByKeke: Mind is a self-care and wellness app. It is not a medical device, and it does not provide medical, psychological, or therapeutic advice, diagnosis, or treatment.
- Nothing in the app — including mood tracking, guided audio, affirmations, prompts, tips, articles, or anything another member sends you — is a substitute for professional advice from a qualified healthcare provider.
- Never disregard professional medical advice, or delay seeking it, because of something you read or recorded in this app.
- Mood check-ins are a self-reflection tool. They are not a screening, assessment, or diagnostic instrument, and no output of the app should be read as a clinical finding.
- Consult a doctor before acting on wellness content if you have a medical condition, are pregnant, or are taking medication.
- Circles are a friendly accountability feature between people who already know each other. Other members are not trained professionals, and their encouragement is not care.
If you are in crisis or considering harming yourself, please do not rely on this app for help. Contact your local emergency services or a crisis line immediately.
If you do not know the number where you are, findahelpline.com lists free, confidential crisis lines country by country and is kept current. Some numbers that may help, correct as at the date at the top of this page:
- United States: call or text 988 (Suicide & Crisis Lifeline), or call 911
- Canada: call or text 988, or call 911
- United Kingdom and Ireland: call 116 123 (Samaritans); emergency 999 or 112
- European Union: emergency 112
- Australia: 13 11 14 (Lifeline); emergency 000
- New Zealand: call or text 1737; emergency 111
- India: 9152987821 (iCall); emergency 112
- South Africa: 0800 567 567 (SADAG); emergency 10111
- Anywhere else: your local emergency number, or findahelpline.com
If a number here does not connect, use findahelpline.com or your local emergency number. Helplines change; that site is maintained and this list is not.
We do not monitor the app for signs of crisis and cannot respond to one. Nothing you write in the app reaches an emergency service, and your journal cannot be read by us at all.
10. The shop
The app lets you browse physical products and open a checkout. Those purchases are not part of your agreement with us about the app, and section 5 does not apply to them.
- Who you are buying from. Physical products are sold by ClarityCI LLC through our online store, and the checkout is operated for us by Shopify. Payment for physical products is taken at the store, not through Apple or Google.
- Which terms apply. The store’s own terms, shipping policy, returns policy, and refund policy govern the purchase. They are linked in the app under Profile and published on our website, and you should read them before ordering.
- Prices, availability, and delivery. Prices and stock are as shown at checkout. Delivery estimates are estimates. Where a product is unavailable after you order, we will tell you and refund you.
- Title and risk. Ownership and risk of loss pass as provided by the store’s terms and by the law that applies where you live.
- Returns and faults. The store’s returns policy applies, and your statutory rights in respect of faulty or misdescribed goods are unaffected by anything in these Terms.
- The app is not the shop. A problem with an order is a shop matter, not an app matter, and reaches us fastest at support@clarityci.com with your order number.
Apple and Google are not involved in the sale of physical products and have no responsibility for them.
11. Our content
The app, its design, text, audio, and branding are owned by us or our licensors and protected by intellectual property law. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app for your own personal, non-commercial use. You may not copy, redistribute, sell, or publicly perform our content, or remove any proprietary notice from it.
Guided audio is licensed to you for listening inside the app only. The links the app uses to play it are short-lived and personal to your session; sharing, capturing, or redistributing them is not permitted.
12. Changes, suspension, and termination
Changes to the app. We may change or discontinue features. Where a change is material we will give reasonable notice in the app. Section 5.1 governs the withdrawal of a significant feature from a tier you are paying for, and where the two could be read differently, section 5.1 wins.
Ending it yourself. You may stop using the app at any time and delete your account from Profile → Delete Account. When you ask us to delete your account, the deletion process begins immediately. For up to 30 days you can stop it, by signing in and tapping Cancel deletion on the banner at the top of your Profile — simply signing in is not enough, because a deliberate act should be needed to reverse a deliberate one. After that period the deletion becomes permanent and irreversible. Throughout it the account is restricted: you are excluded from Circle rosters and we send you no notifications, as section 10.1 of the Privacy Policy describes. This is a deletion you can call off, not an account we have merely switched off.
What deletion does, and does not do, is set out in section 10 of our Privacy Policy. In outline: your account and the information held under it are deleted, including journal entries sitting in Recently Deleted; backups already taken age out on their own schedule within days; and Circles you created are not deleted out from under the other members — ownership passes to whoever has been in the Circle longest. Deleting your account does not cancel a store subscription — cancel that separately, as section 5.4 describes, or you will keep being charged for an account that no longer exists.
Suspension and termination by us. We may suspend or terminate your account if you breach these Terms — particularly section 6.1 — if you are a repeat infringer under section 7, or where the law requires it. We may also terminate on 30 days’ notice if we stop offering the app. Where it is reasonable and lawful to do so, we will tell you why, and section 6.6 gives you a route to appeal.
If we terminate your account for a reason that is not your breach of these Terms — for example because we withdraw the app — and you have paid for a subscription period you cannot now use, tell us and we will help you obtain a refund of the unused part from the store.
What survives. If your account ends or these Terms terminate, the following continue to apply: section 1 (who we are), section 2 (definitions), the licence and responsibility provisions of section 6.4 to the extent needed for content still held, section 7 (IP complaints), section 8 (journal limits), section 9 (health disclaimer), section 10 in respect of orders already placed, section 11 (our content), section 13 (disclaimers), section 14 (liability), section 15 (indemnity), section 17 (Apple and Google), section 18 (governing law), and section 19 (general) — together with any other provision which by its nature is intended to survive.
13. Disclaimers
To the fullest extent permitted by law, the app is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the app will be uninterrupted, error-free, or secure, that notifications or reminders will always be delivered on time or at all, or that any particular outcome will result from using it. Please do not rely on the app as your only reminder for anything that matters.
If you are a consumer, you have statutory rights that these Terms do not affect, and nothing in this section or section 14 limits them.
14. Limitation of liability
Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- gross negligence or wilful misconduct;
- any breach of your rights as a consumer under the law where you live, including rights relating to goods and digital services;
- anything else which the law does not allow us to exclude or limit.
Subject to that, and to the fullest extent permitted by law:
- we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or anticipated savings;
- we are not liable for loss of, or inability to read, journal entries, which section 8 explains we cannot recover by design and which you accept as a condition of using that feature;
- we are not liable for a notification or reminder that is late, missed, or not delivered;
- we are not liable for the conduct of other users, or for anything a Circle member says or does — though this does not limit our own obligations under section 6;
- our total liability for all claims relating to the app in any 12-month period is limited to the greater of the amount you paid us in that period, or US$100.
If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill, and the exclusions above apply only so far as the law where you live allows. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so parts of sections 13 and 14 may not apply to you.
15. Indemnity
This section does not apply if you are using the app as a consumer — that is, for purposes outside a trade, business, craft, or profession. Most people using this app are consumers.
Otherwise, you agree to defend, indemnify, and hold harmless ClarityCI LLC and its officers, members, employees, and agents against any third-party claim, and any loss, liability, damage, or reasonable legal cost arising from it, to the extent it arises out of:
- Your Content, or your infringement of anyone’s rights;
- your breach of these Terms, particularly section 6.1;
- your unlawful use or misuse of the app.
This does not apply to the extent the claim results from our own breach, negligence, or unlawful act. We will notify you promptly of any claim we ask you to cover, will not settle it without your written consent (not to be unreasonably withheld), and will give you reasonable cooperation at your expense. You may take over the defence with counsel we reasonably approve, and we may participate at our own cost.
16. Notices and how these Terms change
We may update these Terms. Where a change is material we will notify you in the app before it takes effect and will give you a reasonable opportunity to review it. Continuing to use the app after a change takes effect means you accept it; if you do not, stop using the app and, if you wish, delete your account under section 12. The date at the top reflects the current version.
We will notify you through the app, and by email where we have your address and the matter warrants it. You can reach us at the addresses in section 1.
17. Apple and Google
The following additional terms apply where you obtained the app from the Apple App Store, to the extent required by Apple’s applicable minimum terms for a licence agreement:
- These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the app and its content.
- Your licence to use the app is limited to a non-transferable licence to use it on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions — except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing, where those apply.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation in respect of the app, and any other claim, loss, liability, damage, cost, or expense attributable to a failure to conform to a warranty is our responsibility.
- Apple is not responsible for addressing any claim by you or a third party relating to the app or your possession and use of it, including product liability, failure to conform to legal requirements, and consumer protection or privacy claims.
- Apple is not responsible for the investigation, defence, settlement, or discharge of any third-party intellectual property infringement claim relating to the app.
- You represent that you are not located in a country subject to a US government embargo or designated as terrorist-supporting, and are not on any US government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms of agreement when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
- Questions, complaints, and claims about the app go to us, at the contact details in section 1.
If you obtained the app from Google Play, your use of Google Play and your purchase of any subscription are also subject to the Google Play Terms of Service and the applicable Google Play policies. Google is not a party to these Terms and, except as required by applicable law or by Google’s own terms, has no responsibility for the app.
18. Governing law and disputes
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in Florida, USA.
If you are a consumer, this does not deprive you of the protection of the mandatory laws of the country or state where you live, and you may bring proceedings there.
Talk to us first. Most problems are quicker to solve by email. Please contact support@clarityci.com before starting a formal dispute, and we will try to resolve it within 30 days. This is a request, not a precondition, and it does not affect any deadline for bringing a claim.
19. General
- Which document applies. These documents govern different subjects rather than outranking one another wholesale. These Terms govern your use of the app and the agreement between you and us. Our Privacy Policy governs how we handle personal information, and it is what applies to a question specifically about privacy or data processing. The store policies referred to in section 10 govern the purchase of a physical product. Two things sit above all of them: any mandatory law protecting you as a consumer, and — if you obtained the app from the App Store — the Apple terms in section 17, which prevail over anything here that conflicts with them. Guidance, help text, and in-app copy explain these documents and do not vary them.
- Severability. If any provision is unenforceable, it is severed and the rest stands.
- No waiver. Not enforcing a right does not waive it.
- Assignment. You may not assign these Terms. We may, on notice, as part of a merger or sale of the business — and if you object you may delete your account.
- Force majeure. Neither of us is liable for a failure caused by something genuinely beyond our reasonable control.
- No third-party rights, except Apple under section 17.
- Entire agreement. These Terms, the Privacy Policy, and anything they expressly incorporate are the agreement between us about the app — apart from the terms governing a separate purchase of a physical product, and the platform terms Apple and Google impose, which stand on their own.
- Language. These Terms are written in English. Any translation is for convenience, and the English version governs.
20. Contact
ClarityCI LLC
931 McInnis Ct, Kissimmee, Florida 34744, USA
Telephone: +1 (407) 436-2676
support@clarityci.com — we aim
to respond within 2 business days
Privacy: privacy@clarityci.com