Our terms of service.
Effective 5 September 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 agree to follow and be bound by these terms. Please read them carefully.
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, but by using our services you confirm that you have the legal authority to enter into these terms.
Account responsibilities
When you create an account with ClearlyApps, you agree to:
- Provide accurate and up-to-date information during registration.
- 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 illegal activities or violate applicable laws or regulations.
- Attempt to gain unauthorised access to our systems or other users' accounts.
- Interfere with or disrupt the functionality of our services.
- Transmit harmful or malicious content, such as viruses or malware.
- 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 authorised.
Service availability
While we strive to provide continuous service, we cannot guarantee that our services will be available at all times. Our third-party providers may schedule maintenance during quieter periods, but occasional downtime may still occur.
We are not liable for damages or losses you may experience due to service unavailability or interruption, whether caused by us or by 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.
Intellectual property
All intellectual property rights in the custom apps and services provided by ClearlyApps remain our exclusive property. 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 licence 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 lost profits, business interruption 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 fees you have paid for the services in the six months preceding the claim. We are not responsible for loss or damage caused by third-party service providers or by interruptions in service.
Termination
ClearlyApps reserves the right to terminate a user's account or access to services at any time, including for violations of these terms.
Termination by the client
Clients may terminate this agreement by providing written notice to ClearlyApps at least 60 days prior to the annual renewal.
Termination by the company
If a client defaults on payment or declares bankruptcy, ClearlyApps may terminate the agreement with written notice. Upon termination the licence is 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 licence fees.
- All licence fees due for the remainder of the year.
- Any additional costs incurred by ClearlyApps due to the default.
Governing law and dispute resolution
These terms 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 or the use of our services, both parties agree to resolve the dispute through binding arbitration, conducted in accordance with the rules of a mutually agreed 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 and to participate in a class action.
Contact us
ClearlyApps
Email: hello@clearlyapps.com
Phone: 757-285-1779
1340 Great Neck Rd, Suite 1272 #127, Virginia Beach, VA 23454