Important: This document is provided for general information and does not constitute legal advice. Laws vary by country, state, and industry. You should have a qualified attorney review these Terms (and our Privacy Policy) before relying on them for your Organisation.
By using Service Clarity, you agree to these Terms. If you are accepting on behalf of an Organisation, you represent that you have authority to bind that Organisation.
Agreement to these Terms
These Terms of Service ("Terms") form a legally binding agreement between you and Service Clarity ("Service Clarity", "we", "us", or "our") regarding your access to and use of the Service Clarity software platform, websites, mobile experiences, APIs, documentation, and related services (collectively, the "Services").
By creating an account, clicking an acceptance button, accessing or using the Services, or paying for a subscription, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, partnership, or other legal entity ("Organisation"), you represent and warrant that you have authority to bind that Organisation, and "you" and "your" refer to that Organisation.
If you do not agree to these Terms, you must not access or use the Services. Your continued use after we post updated Terms constitutes acceptance of the changes, except where prohibited by law.
Definitions
- "Account" means the registered profile and workspace through which you access the Services.
- "Administrator" means a User designated to manage billing, security settings, integrations, and User permissions for your Account.
- "Customer Data" means all data, content, files, messages, recordings, metadata, and information that you or your Users submit, upload, transmit, or store through the Services, including end customer personal information.
- "Documentation" means our user guides, help articles, API references, and other materials we make available for the Services.
- "End Customer" means a natural person whose information you process in the Services (for example, your trade or service business customers).
- "Subscription" means your paid or trial plan entitling you to use the Services according to the plan limits published on our website or order form.
- "User" means any individual who accesses the Services under your Account, including employees, contractors, and technicians.
Eligibility, Accounts, and Security
Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. You may not use the Services if you are barred under applicable law or if we have previously terminated your Account for breach.
Registration and accuracy
You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for all activity that occurs under your Account credentials.
Credentials and Administrators
- You must maintain the confidentiality of passwords, API keys, webhook secrets, and integration tokens.
- You must promptly notify us at security@serviceclarity.com if you suspect unauthorised access.
- Administrators may invite, suspend, or remove Users. You are responsible for Administrators' actions.
Multi company and multi location use
If your Subscription permits multiple brands, locations, or companies, you remain responsible for compliance for each entity and for segregating access appropriately within your Organisation.
Description of the Services
The Services provide business management tools for trade and service businesses, including but not limited to lead management, customer records, job scheduling, estimates and invoicing, communications (including SMS and email where enabled), reporting, commission tracking, and integrations with third party platforms such as Google Ads, call tracking providers, and webhook endpoints.
We may modify, enhance, suspend, or discontinue features or components of the Services at any time, provided we will not materially reduce core functionality of a paid Subscription during the current billing period without reasonable notice except for security, legal, or operational emergencies.
Beta and preview features
We may offer optional beta, pilot, or preview features. These are provided "as is", may be unstable, and may be withdrawn without notice. Your use of beta features is at your sole risk.
Professional services
Implementation, training, or custom configuration may be offered under a separate statement of work or order. Unless expressly agreed in writing, support is limited to what is included in your Subscription tier.
Third Party Integrations and Platforms
The Services may interoperate with third party products and services, including without limitation Google Ads, call tracking software (such as CallTrackingMetrics or other providers), SMS gateways, payment processors, accounting tools, and systems you connect via webhooks or APIs.
Your use of third party services is governed solely by your agreement with those providers. We do not control and are not responsible for third party services, including their availability, accuracy, pricing, or compliance. You authorise us to exchange data with integrated services as you configure within the Services.
Google Ads and advertising platforms
- You are responsible for complying with Google Ads policies, applicable advertising laws, and any consent or disclosure obligations when sending conversion or revenue data.
- You represent that you have lawful bases and permissions to transmit job and invoice data to advertising platforms as configured.
Call tracking and telecommunications
- Call recording, storage, transcription, and disclosure may be regulated in your jurisdiction. You are solely responsible for obtaining required consents, playing required disclosures, and complying with wiretapping, telecommunications, and privacy laws.
- You must not use the Services to record or monitor communications where prohibited without consent.
SMS and messaging
- You must comply with anti spam laws (including TCPA, CAN-SPAM, ACMA rules, and similar regimes), carrier guidelines, and registration requirements for business messaging where applicable.
- You are responsible for message content, frequency, opt in and opt out handling, and maintaining accurate suppression lists.
Webhooks and API use
- You are responsible for securing endpoints that receive webhooks and for validating payloads.
- You must not use APIs to overload, scrape, or circumvent technical limits. We may rate limit or suspend access that threatens stability or security.
Customer Data, Licence to Us, and Your Responsibilities
As between you and Service Clarity, you retain all rights in Customer Data. You grant Service Clarity a worldwide, non exclusive licence to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, improve, and support the Services, and as described in our Privacy Policy.
You represent and warrant that: (a) you have obtained all rights, consents, and lawful bases necessary to collect and process Customer Data in the Services; (b) Customer Data does not violate law or third party rights; and (c) your instructions to us regarding processing are lawful.
You must not submit Customer Data that includes special categories of personal data (such as health information) unless we expressly agree in writing and appropriate safeguards are in place.
Prohibited content and uses
- Unlawful, defamatory, harassing, fraudulent, or discriminatory content.
- Malware, exploits, or content designed to disrupt systems.
- Infringement of intellectual property or trade secrets.
- Use of the Services to operate illegal gambling, adult services in violation of law, or unlicensed financial services.
- Spam, phishing, or unauthorised marketing to persons who have not consented where consent is required.
Data export and backup
You are responsible for maintaining independent backups of Customer Data to the extent required for your business. While we maintain redundancy and recovery procedures, we do not guarantee recovery of any particular item of Customer Data.
Acceptable Use Policy
You must not, and must not permit Users or third parties to:
- Probe, scan, or test vulnerability of the Services or breach security or authentication measures.
- Access the Services to build a competing product or service or to copy features, trade dress, or Documentation.
- Reverse engineer, decompile, or disassemble the Services except where mandatory law permits.
- Circumvent metering, billing, or access controls.
- Use the Services in any manner that could damage, disable, overburden, or impair our infrastructure.
- Impersonate any person or misrepresent affiliation.
- Harvest, collect, or store personal data about other users without lawful basis.
- Use the Services for high risk activities where failure could lead to death, bodily injury, or environmental damage, unless we agree in writing.
Fees, Billing, Trials, and Taxes
Fees
Fees for Subscriptions are as stated at checkout, in your order form, or on our pricing page at the time of purchase. We may change fees for renewals with at least 30 days notice unless a fixed term agreement states otherwise.
Trials
Free trials convert to paid Subscriptions only if you provide payment details and do not cancel before the trial ends, unless we communicate otherwise at signup. We may modify trial length or eligibility.
Billing and payment
- You authorise us and our payment processors to charge your payment method for all fees.
- Fees are non refundable except as required by law or as expressly stated in these Terms.
- If payment fails, we may suspend or downgrade access until payment succeeds.
Taxes
Fees are exclusive of applicable taxes unless stated otherwise. You are responsible for all sales, use, GST, VAT, and similar taxes associated with your purchase, other than taxes based on our net income.
Usage based charges
Certain features (including without limitation SMS, call tracking minutes, API volume, or premium integrations) may incur usage based charges. Current rates and measurement methodology are described in your Subscription, Documentation, or account dashboard. You are responsible for monitoring usage within your Account.
Intellectual Property
Service Clarity and its licensors own all right, title, and interest in the Services, Documentation, trademarks, logos, and underlying software, including all improvements and derivative works. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
You may not remove proprietary notices. You may not use our name or marks except as permitted in our brand guidelines or with prior written consent.
Feedback
If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, royalty free licence to use and incorporate them without obligation to you.
Confidentiality
Each party may receive non public information of the other ("Confidential Information"). The receiving party will use reasonable care to protect Confidential Information and use it only for purposes of these Terms. Confidential Information excludes information that is public, independently developed, or rightfully received from a third party without duty of confidentiality.
We will treat Customer Data in accordance with our Privacy Policy. You will treat non public information about our pricing, security practices, and roadmap as confidential.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT INTEGRATIONS WITH THIRD PARTIES WILL BE AVAILABLE OR ACCURATE. WE DO NOT WARRANT ANY PARTICULAR BUSINESS OUTCOME, REVENUE RESULT, OR ADVERTISING PERFORMANCE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS, EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE (OR, IF THE CLAIM ARISES DURING A TRIAL, ONE HUNDRED DOLLARS (AUD OR USD AS APPLICABLE)).
THE FOREGOING LIMITATIONS DO NOT APPLY TO: (A) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (SUCH AS GROSS NEGLIGENCE, FRAUD, OR WILFUL MISCONDUCT); (B) YOUR BREACH OF SECTIONS RELATING TO CUSTOMER DATA LICENCE, ACCEPTABLE USE, OR IP; OR (C) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS FOR THIRD PARTY CLAIMS SUBJECT TO THE CAP STATED IN THE INDEMNITY SECTION WHERE A HIGHER CAP IS REQUIRED BY LAW.
Indemnification
You will defend, indemnify, and hold harmless Service Clarity and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data or your use of the Services; (b) your breach of these Terms; (c) your violation of law or third party rights, including End Customers' rights; (d) your use of integrations, advertising platforms, call recording, or SMS; or (e) disputes between you and your End Customers.
We will defend, indemnify, and hold harmless you against third party claims alleging that the Services, as provided by us without modification by you, infringe a patent, copyright, or trade secret, and will pay amounts finally awarded by a court or agreed in settlement, subject to you promptly notifying us, granting us sole control of the defence, and reasonably cooperating.
If the Services are enjoined, we may, at our option, procure rights, modify the Services, or terminate your Subscription and refund prepaid fees for the unused portion of the then current term.
Term, Suspension, and Termination
Term
These Terms commence when you first use the Services and continue until terminated.
Termination by you
You may cancel your Subscription through account settings or by contacting support. Cancellation takes effect at the end of the then current billing period unless we agree otherwise.
Termination and suspension by us
We may suspend or terminate access immediately if we reasonably believe you have violated these Terms, pose a security risk, or if required by law. We may terminate for convenience on 30 days notice, with refund of prepaid unused fees for the terminated period.
Effect of termination
- Your right to access the Services ceases.
- We may delete Customer Data after a reasonable export window described in our Documentation or Privacy Policy unless law requires retention.
- Sections that by nature should survive (fees owed, IP, confidentiality, disclaimers, limitations, indemnity, dispute resolution) survive termination.
Export, Sanctions, and Anti Bribery
You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to comprehensive embargoes or sanctions, and that you will not use the Services in violation of export control or sanctions laws.
You agree to comply with applicable anti bribery and anti corruption laws.
Government Users
If you are a government or public sector entity, additional terms may apply. Contact legal@serviceclarity.com before purchasing.
Governing Law, Disputes, and Class Action Waiver
These Terms are governed by the laws of Australia, without regard to conflict of law principles. Subject to mandatory consumer protection laws in your country of residence, the courts of Australia have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.
TO THE EXTENT PERMITTED BY LAW, YOU AND SERVICE CLARITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If you are a consumer in the European Union, United Kingdom, or other jurisdiction where mandatory law prohibits the foregoing class waiver or requires a different forum, that law applies to the extent required.
Changes to these Terms
We may modify these Terms by posting an updated version on our website and updating the "Last updated" date. For material changes, we will provide reasonable notice by email or in product notice. If you do not agree, you must stop using the Services before the effective date. Continued use after the effective date constitutes acceptance.
Electronic Communications and Signatures
You consent to receive communications from us electronically, including email and in product notices. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Where the Services support electronic signatures or click through acceptances, you agree those methods are legally binding on your Organisation where permitted by law.
General
- Entire agreement: These Terms and any order form or enterprise agreement constitute the entire agreement regarding the Services and supersede prior oral or written understandings on the same subject.
- Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger or sale of assets.
- No waiver: Failure to enforce a provision is not a waiver.
- Severability: If a provision is invalid, the remainder remains in effect.
- Independent contractors: The parties are independent contractors.
- Force majeure: Neither party is liable for delay or failure due to events beyond reasonable control.
- Language: The English language version prevails if translated.
Data Processing and Privacy
Our processing of personal information in connection with the Services is described in our Privacy Policy. Where applicable law requires a data processing agreement (DPA), we will provide our standard DPA upon request to legal@serviceclarity.com. Once executed, that DPA forms part of these Terms and governs our processing of personal data on your behalf.
You acknowledge that we use subprocessors to provide the Services. An up to date list is available upon request to privacy@serviceclarity.com or as published on our website.
Insurance, Publicity, and References
Insurance
You are responsible for maintaining appropriate insurance for your business, including general liability, workers compensation, and professional indemnity as applicable. We do not provide insurance for your operations or End Customer engagements.
Publicity
Unless you opt out in writing, we may use your name and logo in customer lists, case studies, and marketing materials. You may opt out anytime by emailing legal@serviceclarity.com.
Records and Compliance Cooperation
We maintain audit logs of certain administrative and security relevant actions within the Services as described in our Documentation. Upon reasonable notice and subject to confidentiality, we will cooperate with your legitimate compliance audits related to the Services, provided you bear our reasonable costs for non standard audit requests.
Machine Assisted Features
We may offer features that use machine learning or automated analysis (for example, call transcription tagging or suggested follow ups). These features are assistive only. You remain responsible for reviewing outputs before relying on them for legal, safety, or financial decisions. We may use de identified or aggregated data to train and improve models subject to our Privacy Policy.
Contact
For questions about these Terms, contact legal@serviceclarity.com. For privacy matters, contact privacy@serviceclarity.com.
Postal notices (where required): Service Clarity, Attention: Legal Department (address to be published on our website contact page).
Questions? Contact legal@serviceclarity.com (Terms) or privacy@serviceclarity.com (Privacy).