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Our Terms of Service

Effective Date: 9/5/2024

ClearlyApps, a DBA of COVA Consulting, LLC (“we,” “our,” “us”), provides custom app development and related services. By accessing or using our services, you automatically agree to follow and be bound by these Terms of Service. Please read these terms carefully before using our services.

Introduction

By accessing or using our services, you agree to comply with and be bound by these Terms of Service. ClearlyApps reserves the right to update or modify these terms at any time.

Eligibility

Our services are available to users located in the United States. There are no specific age restrictions for using ClearlyApps' services; however, by using our services, you confirm that you have the legal authority to enter into these Terms of Service.

Account Responsibilities

When you create an account with ClearlyApps, you agree to:
 

  • Provide accurate and up-to-date information during the registration process.

  • Keep your login credentials secure and confidential.

  • Be responsible for any activity that occurs under your account.

Use of Services

When using ClearlyApps services, you agree not to:
 

  • Engage in any illegal activities or violate any applicable laws or regulations.

  • Attempt to gain unauthorized access to ClearlyApps’ systems or other users' accounts.

  • Interfere with or disrupt the functionality of ClearlyApps’ services.

  • Use the services to transmit harmful or malicious content (e.g., viruses, malware).

  • Use the services to harass, abuse, or harm others.

  • Reproduce, duplicate, or resell any part of the services without our explicit permission.

  • Attempt to reverse-engineer or modify the services beyond what is authorized.

Service Availability

While we strive to provide continuous service, we cannot guarantee that our services will be available 24/7. Our third-party providers may schedule maintenance during times when most users are not active, but occasional downtime may still occur.

We are not liable for any damages or losses you may experience due to service unavailability or interruptions, whether caused by us or our third-party providers.

Service Modifications

We reserve the right to modify or discontinue any part of our services at any time. If significant changes are made, we will notify users in advance to ensure proper notice is given.

Intellectual Property

All intellectual property rights in the custom apps and services provided by ClearlyApps remain the exclusive property of ClearlyApps. By using our services, you acknowledge that:
 

  • ClearlyApps retains full ownership of the custom apps developed for your business.

  • You are granted a non-exclusive, non-transferable license to use the custom app for its intended purpose.

  • You may not copy, distribute, modify, or create derivative works from any part of our services without our prior written consent.

Limitation of Liability

To the fullest extent permitted by law, ClearlyApps shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, business interruptions, or loss of data, resulting from the use of our services.

In the event of any claim or dispute, our total liability shall be limited to the total fees you have paid for the services in the last 6 months preceding the claim. We are not responsible for any loss or damage caused by third-party service providers or any interruptions in service.

Termination

ClearlyApps reserves the right to terminate a user's account or access to services at any time for any reason, including but not limited to violations of these Terms of Service.

Client Termination

Clients may terminate this agreement by providing written notice to ClearlyApps at least 60 days prior to the annual renewal.

Termination by Company

If a client defaults on payment or declares bankruptcy, ClearlyApps may terminate the agreement with written notice. Upon termination, the license will be automatically revoked, and the custom application will be rendered unusable on all client devices. In the event of default, the client remains obligated to pay:
 

  • Any unpaid license fees,

  • All license fees due for the remainder of the year, and

  • Any additional costs incurred by ClearlyApps due to the default.

Beach Walkway

Governing Law & Dispute Resolution

These Terms of Service are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.

Arbitration

In the event of any dispute arising out of or relating to these Terms of Service or the use of ClearlyApps' services, both parties agree to resolve the dispute through binding arbitration. Arbitration will be conducted in accordance with the rules of a mutually agreed-upon arbitration service. The decision of the arbitrator will be final and binding, with no right of appeal.

By agreeing to these terms, both parties waive the right to a trial by jury or to participate in a class action lawsuit.

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