Legal

Contracts designate rights and responsibilities but are incredibly boring to read. We have attempted to make the legal terms more interesting visually and easy enough to read. Please give us feedback! privacy@clearops.io

Terms of Use

Terms of use provide the license we need from you to provide you with the products and services and the license you need from us to use the technology.

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Non-Disclosure

A non-disclosure agreement is our mutual agreement to keep each other's confidential information, well, confidential.

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Privacy Statement

Our privacy statement discloses how we use the personal data you provide to us, both through using our products and services and when browsing our website.

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Indemnities & Disclaimers 

INDEMNITY; REPRESENTATIONS. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies or documentation then in effect (the “ policies”) and all applicable laws and regulations.  Customer hereby agrees to indemnify and hold harmless ClearOPS against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Customer owns all right, title and interest, or possesses sufficient license rights, in and to the Customer data as may be necessary to permit the use contemplated under this Agreement and that ClearOPS’s use of the de-identified or anonymized question-data is permitted under the fair use doctrine (US) or the fair dealing doctrine.

DISCLAIMER. ClearOPS does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND CLEAROPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, CLEAROPS AND ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY AMOUNTS IN EXCESS OF HALF THE AMOUNT PAID FOR THE SERVICES.

Non-Disclosure Agreement

For purposes of this Non-Disclosure Agreement (the "Agreement"), each of ClearOPS and Customer shall be referred to as "Parties" and the one receiving information is called the "receiving Party" and the one disclosing information is the "disclosing Party." Now, therefore, in consideration of the mutual covenants and promises set forth in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:    

A.             References to “ Confidential Information” mean all knowledge, information or materials whether of a technical, financial or legal nature or otherwise relating to the business or affairs of the Parties, including all materials prepared by or for the receiving Party which contain or reflect such knowledge, information or materials, which is provided or disclosed by the disclosing Party to the receiving Party and identified at the time of such disclosure as being confidential or which by its nature the receiving party should reasonably understand to be proprietary or confidential; provided that Confidential Information shall not include: i. information which the receiving Party can demonstrate was known to the receiving Party prior to disclosure by the disclosing Party without an obligation of confidentiality; ii.  information which is in the public domain or which enters the public domain other than as a result of a breach of the receiving Party’s confidentiality obligations; or iii.information that the receiving Party independently develops or independently becomes aware of without access to or reliance on disclosing Party’s information.    

B.              The receiving Party agrees that it will at all times maintain the confidentiality of any Confidential Information communicated to it by or on behalf of the disclosing Party; provided that in the event the receiving Party becomes legally compelled (by deposition, interrogatory, requests for documents, subpoena, civil investigative demand or similar process) to disclose any of the Confidential Information, or the receiving Party determines that it is obligated by statute or governmental regulation to disclose any of the Confidential Information, the receiving Party shall provide the disclosing Party with prompt written notice of such requirement so that the disclosing Party, if possible, may seek a protective order or other appropriate remedy and in the absence of such protective order or other remedy, the receiving Party may furnish only that portion of the Confidential Information which it is legally required to furnish.    

C.              Confidential Information shall be disclosed by the receiving Party to its employees, directors, officers, advisors, attorneys, auditors and agents (together, “ Authorized Agents”) only on a need-to-know basis in connection with the Parties consideration of doing business together, and each Authorized Agent to whom Confidential Information is disclosed shall treat such Confidential Information in a manner consistent with this Agreement.  The receiving Party shall be liable for all acts and omissions of each person and entity to which the receiving Party discloses Confidential Information.    

D.             The receiving Party will indemnify and hold harmless the disclosing Party and its stockholders, directors, officers, employees, representatives and professional advisors from any damage, loss, cost or liability (including reasonable legal fees and the cost of enforcing this Agreement) arising out of the breach by the receiving Party of this Agreement.   The receiving Party agrees and acknowledges that money damages may not be a sufficient remedy for any breach or threatened breach of the provisions of this Agreement by the receiving Party or any of its stockholders, directors, officers, employees, representatives or professional advisors and that the disclosing Party shall be entitled to seek equitable relief, including injunction and specific performance, as a remedy for any such breach.  Such remedies are not the exclusive remedies for a breach by the receiving Party, but shall be in addition to all other remedies available at law or in equity to the disclosing Party. It is understood and agreed that no failure or delay of any Party in exercising any right, power or privilege hereunder shall operate as a waiver hereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.

Third parties

Third party websites   Our website contains a link to Medium, who hosts our blogs, to CyberInsecurity News, to the IAPP and to a podcast. If you click on those links, we cannot guarantee the safety of your personal information i.e. those sites likely use cookies and other trackers or third parties and we have no control over that.

Retention

Retaining your information   If you are a customer, you have control over the information you provide to us and may delete it or transfer it to another provider at any time. However, we will still retain some information about you such as the original contracts between you and us, payment history, invoice history, performance metrics, emails, texts and case studies on your use of our services. We may also retain copies of your documents, questionnaires etc. in our backups until the backups are purged. Contact us at   privacy@clearops.io for more information or to discuss options.

Children, Others

Children, International Users Our website is not targeted at children and we don’t know why any child would be interested in our website or services.  We are aware that those outside of the United States may be interested in our services. Under GDPR, we are considered a controller since the information we collect is our customer’s business information. If you do reside outside of the United States, all our databases are located in the United States.

Changes

Changes to this Privacy Statement We are a young company and our services will be changing and, for that reason, so will this privacy statement. Since we are an opt in company, we will only send you emails about changes if you send us an email opting in to   privacy@clearops.io. Otherwise, we will post changes on the website. If you want to know specifics about the changes, you may also email us at   privacy@clearops.io.