Clarky Terms of Service

1. Description of Service

Clarky provides AI-powered communication, automation, and website creation tools for businesses.

Clarky AI Chat & Voice Assistant

Clarky includes an embeddable AI chatbot that uses information gathered from your website, uploaded content, and user-provided data to respond to customer inquiries. Users may optionally connect a Twilio phone number to enable voice-based AI responses. All calls are recorded and transcribed for administrative review.

Clarky Websites

Clarky Websites is an AI website builder that:

• Interviews the user or analyzes an existing website to gather business information
• Generates a custom website layout, design, and written content
• Provides optional hosting and ongoing AI optimization
• Allows users to modify or regenerate content at any time

All websites generated by Clarky are created using proprietary AI models, templates, and internal technologies owned by Clarky LLC.

2. Account Registration

To use Clarky or Clarky Websites, you must create an account using email login or Google Sign-In. You agree to provide accurate and complete information and to update such information as needed. You are responsible for maintaining the security of your account credentials.

3. Use of the Service

You may use Clarky solely for lawful business purposes and in accordance with these Terms. You agree not to:

• Use the Service to violate any applicable laws or regulations
• Interfere with, disrupt, or attempt to reverse-engineer the Service
• Upload or generate content that is harmful, defamatory, obscene, or infringing
• Use Clarky or Clarky Websites to host or distribute malware or harmful code
• Mislead customers by publishing inaccurate or deceptive AI-generated content

We reserve the right to remove or disable content that we determine violates these Terms.

4. Website Crawling, AI Training, and Data Usage

By using Clarky or Clarky Websites, you authorize us to:

• Crawl your website (if provided)
• Analyze business information you share
• Store and process this information to generate content and improve the Service

All data is stored securely and used solely to operate, enhance, and maintain the Service.

5. AI-Generated Content

Clarky and Clarky Websites generate text, images, layouts, and other creative outputs through automated systems. You acknowledge and agree that:

• AI outputs may require human review for accuracy
• You are solely responsible for verifying all website content before publishing
• Clarky LLC makes no guarantees regarding the accuracy, legality, or fitness of AI-generated content
• You will not publish content that infringes on third-party rights or violates industry regulations

You retain rights to publish, edit, and export the content generated specifically for your business. Clarky LLC retains all rights to the underlying models, templates, and tools used to generate such content.

6. Website Hosting & Infrastructure (If Applicable)

If you choose to host your website through Clarky:

• We will provide website hosting, SSL, and routing based on your selected plan
• You are responsible for any domain registration or DNS settings unless otherwise stated
• We may perform scheduled or emergency maintenance that temporarily impacts availability
• We do not guarantee uninterrupted uptime but strive for industry-standard performance

7. Chat, Website Content, and Call Records

Clarky stores:

• Chat interactions
• Website interview responses
• Website drafts and revisions
• Call recordings and transcripts (for Twilio integrations)

You are responsible for maintaining the confidentiality of your dashboard and any data within it. You must comply with applicable privacy laws related to the handling of customer data.

8. Twilio Integration (Optional)

If you connect a Twilio phone number to Clarky:

• You authorize Clarky to send, receive, record, and transcribe calls
• You are responsible for any Twilio usage fees
• You are responsible for complying with call-recording laws in your region

Clarky generates AI-powered responses based on your knowledge base and website content.

9. Subscription & Billing

• Clarky is billed monthly in advance
• Annual billing discounts may be available
• Usage-based overages (minutes, credits, or hosting bandwidth) are billed the following month
• All fees are non-refundable unless required by law
• Failure to pay may result in suspension or termination of service

10. Termination

We may suspend or terminate your access to any part of the Service, with or without notice, if you violate these Terms or engage in activity that may harm the Service or other users. You may also cancel your account at any time; cancellation does not entitle you to a refund of already-paid fees.

11. Intellectual Property

Clarky LLC owns all rights, titles, and interests in:

• The Clarky platform and underlying technology
• Templates, design frameworks, and AI models
• The Clarky Websites builder and automated interview system

You retain ownership of:

• Your brand assets (logo, business descriptions, images you upload)
• Published website content that you approve
• Any customer data collected through your own website

You receive a worldwide, non-exclusive license to use the tools solely for your business.

12. Disclaimer of Warranties

Clarky is provided "as is" and "as available" without warranties of any kind. We disclaim all express or implied warranties, including fitness for a particular purpose, accuracy of AI outputs, or non-infringement. You acknowledge that AI-generated content may occasionally be incorrect, outdated, or unsuitable without manual review.

13. Limitation of Liability

To the fullest extent permitted by law, Clarky LLC is not liable for:

• Any indirect, incidental, consequential, or special damages
• Loss of business, revenue, profits, data, or goodwill
• Decisions made based on AI-generated outputs

Our total liability will not exceed the amount paid by you for the Service in the 12 months preceding the event giving rise to the claim.

14. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute must be brought in the state or federal courts located in Florida.

15. Changes to These Terms

We may update these Terms at any time. Continued use of the Service after changes are published constitutes acceptance of the revised Terms.