Last updated: June 8, 2026
Please read these Terms carefully. They affect your legal rights.
They include a disclaimer of tax, legal, accounting, and financial advice; a requirement that you review every categorization and report before relying on it (including transactions the Service auto-posts, which no person reviews); a limitation of our liability and a one-year deadline to bring claims; an indemnification obligation; and a binding individual-arbitration agreement with a class-action waiver (with a 30-day opt-out).
They also describe a paid subscription that automatically renews and charges your payment method each period until you cancel, and a free trial that requires a payment method and automatically converts to a paid subscription unless you cancel before it ends. Billing and cancellation work differently by platform: web and Android are billed by us through Stripe; iOS is billed by Apple through your Apple ID, and Apple is a third-party beneficiary of the iOS terms. By using Clarity Books AI, you agree to these Terms.
These Terms of Service ("Terms") are a binding contract between you ("you," "your," or "Customer") and Clarity Books AI, LLC, a Connecticut limited liability company ("Clarity Books," "we," "us," or "our"). You accept these Terms by checking the acceptance box or clicking the clearly labeled accept button presented at account creation, and/or by accessing or using the Clarity Books AI website, applications, or any related service (collectively, the "Service"). Your acceptance includes the arbitration agreement and class-action waiver in Section 18. If you do not agree, do not use the Service.
We record the version of these Terms you accepted and the date and time of acceptance (and, where available, your account identifier and IP address).
Consent to electronic records and signatures. You consent to transact with us electronically and to receive these Terms, our disclosures, billing receipts, free-trial and renewal and price-change reminders, security and breach notices, and all other legal notices electronically, by email, in-app message, or push notification. Your electronic acceptance has the same legal effect as a handwritten signature under the federal E-SIGN Act and applicable state law. You may request a paper copy of any record by emailing us, and you may withdraw your consent to electronic records; because the Service is delivered electronically, withdrawing consent may require us to suspend or terminate your account. You are responsible for keeping the email address on your account current.
You represent that you are at least 18 years of age, that you have authority to bind any business or entity on whose behalf you are signing up, and that the information you provide is accurate.
Minimum age. The Service is intended solely for adults using it for business or professional purposes: generally U.S. self-employed individuals and sole proprietors reporting on Schedule C. You must be at least 18 years old to create an account, purchase a subscription, or otherwise use the Service. We do not knowingly permit minors to use the Service or enter into any contract for it, and we do not direct the Service to children. By creating an account or purchasing a subscription you confirm that you are 18 or older; if you do not meet this requirement, do not use the Service.
These Terms incorporate by reference our Privacy Policy, Cookie Policy, Data Processing Addendum (where applicable), and the plan, price, free-trial, and auto-renewal terms shown on our Pricing page at the time you subscribe.
Order of precedence. If there is a conflict: regarding the processing of personal data, the Data Processing Addendum controls; regarding data handling and retention generally, the Privacy Policy and Data Processing Addendum control; regarding iOS in-app purchases, Apple terms control on billing, renewal, and refunds; and otherwise these Terms control.
3.1 What the Service is
Clarity Books AI is an automated, AI-assisted bookkeeping tool. It connects to bank and credit-card accounts through Plaid, applies an AI model (provided by Anthropic) to suggest categories for transactions and to read documents you upload, produces reports, and sends you notifications within the app, by push, and by email when it needs input.
3.2 What the Service is NOT
3.3 Scope
The Service performs cash-basis bookkeeping only and is designed for U.S. self-employed individuals and sole proprietors who report on Schedule C. It does not produce a balance sheet, accrual-basis or GAAP-compliant financial statements, payroll, or filings, and it does not file anything with the IRS or any tax authority on your behalf. If your needs fall outside this scope, the Service may not be suitable for you.
Because the Service is automated and un-monitored, you are fully responsible for the state of your books. You agree that:
You, not Clarity Books AI, are solely responsible for the accuracy, completeness, and lawfulness of your financial records, tax filings, and business decisions. Any loss that results from an un-reviewed categorization, a missing account connection, or a report used without verification is your responsibility. See also Section 7 (Assumption of Risk) and Section 12 (Data Backup).
The Service uses a large-language-model AI (currently Anthropic Claude) to categorize transactions and to read documents. AI output is inherently probabilistic. It may be wrong, inconsistent, incomplete, or miscategorize transfers, refunds, personal expenses, capital expenditures, or one-off items. The AI does not understand your tax strategy, depreciation schedule, entity structure, or jurisdiction-specific rules.
Confidence scores and auto-posting thresholds are convenience features, not guarantees of accuracy. A "high-confidence" auto-post may still be wrong. You are required to review.
Document reading (OCR). When you upload receipts, invoices, bank or credit-card statements, or CSV files, the Service sends them to our AI provider to extract text such as amounts, dates, and vendors. These files are processed as-is and are NOT redacted, so any names, addresses, account numbers, or tax identifiers printed on them are included; do not upload anything you are not authorized to share. AI extraction is probabilistic and may misread, omit, or misattribute data. You must verify every extracted figure before relying on it. You represent that you have the right to upload each document and that it does not infringe or violate any third party rights.
We make no warranty that AI categorizations or extractions will be correct, complete, consistent, Schedule-C-compliant, audit-proof, or suitable for any particular purpose.
The following apply to specific features in addition to the general disclaimers above:
Invoicing & payment links
The Service lets you create and send invoices to your own customers and, where you enable it, generate Stripe payment links so your customers can pay you. Clarity Books is NOT a party to any invoice, contract, or transaction between you and your customer, does not guarantee any invoice will be paid in full or at all, and assumes no responsibility for collection. Clarity Books is not a debt collector and does not perform collection activity on your behalf; any payment reminders the Service sends are automated conveniences sent at your direction, not collection communications. You are solely responsible for the content, accuracy, and legality of every invoice (the goods or services, amounts, late fees or interest, refund terms, and all required consumer-protection and tax disclosures) and for determining, charging, collecting, reporting, and remitting any applicable sales, use, or other tax. Funds your customers pay flow through Stripe directly to you; Clarity Books never holds, controls, or transmits those funds.
Stripe payment processing
To collect payments through the Service you must accept and comply with the Stripe Services Agreement and Stripe Connected Account Agreement (stripe.com/legal). Stripe, not Clarity Books, is responsible for processing those payments, identity verification, payouts, chargebacks, reserves, and account holds. Clarity Books is not liable for any delay, hold, reversal, dispute, fee, or termination imposed by Stripe, and you authorize Clarity Books to share with Stripe the information necessary to enable your payment collection.
Platform fee on payments you collect
On the Core plan, Clarity Books deducts a platform fee from each payment you collect through the Service; the applicable fee is disclosed in-app before you enable payments. On the Pro plan there is no Clarity Books platform fee. In every case, Stripe charges its own processing fees, which are set by Stripe and are separate from any Clarity Books platform fee. Fees may change with notice. You authorize Clarity Books and Stripe to deduct the applicable platform and processing fees from the amounts your customers pay before the remainder is deposited to you.
Recurring invoices & automatic payment
The Service can issue recurring invoices on a schedule you set and, where your customer authorizes it, automatically charge your customer's saved payment method each billing cycle. You are solely responsible for obtaining and maintaining a valid authorization from your customer to store and charge that payment method on a recurring basis, for the accuracy of each recurring invoice, and for cancelling or correcting any schedule that should no longer run. Clarity Books is not a party to your customer's authorization and is not responsible for any disputed, unauthorized, or erroneous recurring charge.
1099 / contractor tracking
The Service helps you record payments to contractors and produce summaries. Clarity Books does NOT prepare, issue, electronically file, or transmit any Form 1099-NEC, 1099-MISC, or other information return to the IRS, any state, or any recipient; does NOT collect Forms W-9; and does NOT verify, TIN-match, or validate any contractor name, taxpayer identification number, address, or identity. The last four digits we store are for your reference only. You are solely responsible for determining who must receive a 1099, collecting accurate W-9 information, performing any required backup withholding, and filing and furnishing all information returns by their deadlines. Clarity Books is not liable for any penalty, interest, or backup-withholding liability under IRC sections 6721, 6722, 3406 or otherwise.
Tax & sales-tax estimates
Any sales-tax figure, tax-line mapping, quarterly estimate, deduction, or tax-summary the Service produces is an automated ESTIMATE for your convenience and information only. It is not a tax return, a tax determination, tax advice, or a representation that any amount is correct, that any expense is deductible, or that any tax is owed or not owed in any jurisdiction. Clarity Books does not determine your sales-tax nexus, rates, taxability, or filing obligations in any state or locality. We do not guarantee any deduction, credit, tax saving, refund, or audit outcome. The Service is NOT audit representation or audit defense, and we will not represent you before the IRS or any tax authority. Have a qualified tax professional review all figures before you rely on, file, or remit anything.
Bank connections (Plaid)
When you connect a financial account, you authorize Plaid Inc. to access transaction and balance data on your behalf and authorize Clarity Books to receive, store, and process it for the Service. You represent and warrant that you own or are lawfully authorized to access and connect each account you link and to share its data with us, and that connecting it violates no agreement with your financial institution. Your use of Plaid is also governed by Plaid End User Services Agreement and End User Privacy Policy (plaid.com/legal). Our Plaid access is read-only and cannot move money. Clarity Books is not responsible for data your institution or Plaid returns incorrectly, late, or not at all, and you are responsible for connecting every relevant account.
Accountant invites & multiple entities
You may invite an accountant or other person to access your books and may manage multiple business entities under one login. You represent that you are authorized to act for, and to grant access to the data of, every business entity you add, and you are solely responsible for deciding whom to invite, the scope of their access, and revoking it. Anyone you invite acts on your behalf and not as the agent of Clarity Books; Clarity Books is not responsible for the acts, omissions, or further disclosures of any person you authorize. We act on the instructions of the account owner. You will indemnify us for claims arising from access you granted or entities you added without authority.
Year-end packet / report delivery
When you enter a recipient (such as your CPA email address) and trigger a send, you direct Clarity Books to email your reports and data (which may include a Schedule C summary, a full transaction export, and contractor names and totals) to the address you specified. You are solely responsible for the accuracy of that address and for your authority to share that data with that recipient. Clarity Books is not liable for any consequence of a packet you directed us to send to an address you provided, including delivery to an unintended recipient.
Notifications
The Service may send weekly check-ins and other messages by in-app notification, push notification, and email. We do not guarantee that any notification will be delivered, delivered on time, or seen: delivery depends on your device, settings, network, carrier, and email or spam filtering, all outside our control. You remain responsible for reviewing your transactions and books regardless of whether you receive any notification, and a missed or undelivered notification does not excuse that responsibility or create any liability for us.
Assumption of risk. You understand and voluntarily assume all risk arising from (a) reliance on AI categorizations, reports, or summaries without independent review, including transactions auto-posted above a confidence threshold that are not reviewed by any person; (b) any tax position, deduction, filing, or financial or lending decision based on the Service; (c) missing, delayed, duplicated, or inaccurate bank data from Plaid or your financial institution; (d) failure to connect a relevant account; and (e) failure to retain source documents.
Reliance at your risk. Any decision you make in reliance on AI output and any report, summary, estimate, or export (including filing a tax return, applying for or supporting a loan or line of credit, submitting financials to a lender, investor, landlord, or government agency, pricing your goods or services, or any legal or financial decision) is made at your sole risk and on your own independent judgment and that of your qualified advisors. You are solely responsible for the accuracy of any figures you submit to any third party, and Clarity Books is not liable for any decision, denial, penalty, or claim (including any allegation of a false or misleading statement to a lender or authority) arising from them.
Non-reliance. You acknowledge that you have not relied on any representation about accuracy, tax compliance, or outcomes other than those expressly stated in these Terms. The disclaimers in Sections 3, 4, 5, 6, and 14 control over any marketing statement, user-interface copy, or product name.
The Service relies on third-party providers, including Plaid, Anthropic, Supabase, Vercel, Stripe, RevenueCat and Apple, OneSignal, Resend, Sentry, and Upstash (the sub-processors listed in our Privacy Policy and DPA). We are not responsible for:
If a third party stops providing service to us on acceptable terms, we may modify or discontinue the affected feature with reasonable notice (see Section 12).
Plans, prices, and features are described on the Pricing page, which is incorporated into these Terms.
AUTOMATIC RENEWAL
Your subscription is recurring. Unless you cancel, it automatically renews at the end of each billing period (monthly or annual, as you selected) at the then-current price shown on the Pricing page, and your payment method on file is charged for that period without further action by you. To avoid being charged for the next period, you must cancel before the current period ends.
FREE TRIAL
If your plan includes a free trial, the trial requires a valid payment method. Unless you cancel before the trial ends, the trial automatically converts to a paid subscription and your payment method is charged the then-current price, after which it renews each period as described above. The trial length and the date your first charge will occur are shown on the Pricing page and at checkout. One free trial is available per customer. You may cancel at any time before the trial ends to avoid any charge.
Authorization for recurring charges. By starting a subscription or allowing a free trial to convert, you authorize Clarity Books and its payment processor to store your payment method and to charge it on a recurring basis for the subscription fee plus any applicable taxes at the start of each billing period until you cancel.
Billing channels. Web (claritybooksai.com and app.claritybooksai.com) and Android subscriptions are billed by Clarity Books through Stripe, and Clarity Books is the merchant of record. iOS subscriptions are billed by Apple to your Apple ID through an in-app purchase and are governed additionally by the Apple Media Services Terms and Apple standard end-user license terms (see Section 20). The substance of the plan, trial, and renewal is the same across channels, but each is administered by the applicable processor; for iOS, Apple terms control any conflict on billing, renewal, or refunds.
How to cancel. (a) Web and Android (Stripe): cancel anytime in Settings → Subscription, or by emailing us; cancellation takes effect at the end of the current billing period. (b) iOS (Apple): manage or cancel in your Apple ID → Subscriptions at least 24 hours before the period ends; we cannot cancel, refund, or modify an Apple subscription, and deleting the app does not cancel an Apple subscription. Our in-app cancellation is designed to be at least as easy as signing up. For any subscription you purchased directly from us (web or Android through Stripe), you can cancel entirely online, in the same place and with no more steps than it took to subscribe, without contacting support and without being required to accept any retention or save offer; any retention offer we present may be declined and the cancellation completed in the same flow.
Refunds. Except where a refund is required by applicable law (including state automatic-renewal statutes) or, for iOS, granted by Apple under its policies, subscription fees are non-refundable and are not prorated for partial periods. On cancellation you keep access through the end of the period you paid for. Nothing in these Terms limits any non-waivable refund or cancellation right you have under applicable law.
Taxes. Listed prices exclude sales, use, VAT, GST, and similar taxes unless stated. You are responsible for such taxes (other than taxes on Clarity Books net income). Where we are required to collect tax, it is added and shown at checkout or on your receipt; for iOS, Apple collects and remits applicable tax.
Failed payments. You authorize retries of your payment method after a failed charge and agree to keep your payment information current. On a failed charge we may retry and may suspend the Service after a reasonable grace period; access is restored on payment, and extended non-payment may lead to termination and deletion under Section 13. You remain responsible for amounts that accrued before suspension.
Price changes. We will email the account address at least 30 days before a price change takes effect on your next renewal, stating the new price and how to cancel before it applies. You may cancel before your next renewal to avoid the new price; continued use after the effective date constitutes acceptance. For iOS, Apple requests your consent to a price increase through its process, and your subscription will not auto-renew at the higher price without that consent.
Renewal reminders. For annual plans and for subscriptions that began with a free trial, we will email a reminder before the renewal or conversion stating the date, the amount, and how to cancel; for annual plans, we aim to send it roughly 30 to 45 days before renewal. We send a confirmation after you cancel. We may present an alternative or retention offer at cancellation, which you may decline and complete cancellation in the same flow.
Chargebacks. We ask that you contact us before disputing a charge with your card issuer so we can try to resolve it directly. This is a request, not a condition: we will not suspend, terminate, or delete your account or your data because you exercised a billing-dispute right under the Fair Credit Billing Act or other applicable law. We may suspend or terminate only for a chargeback we reasonably determine to be fraudulent or made in bad faith, in which case you remain responsible for the disputed amount plus any processor chargeback fee and reasonable collection costs.
You agree not to:
We may suspend or terminate your account immediately if you violate this section or if your use poses a security, legal, or reputational risk to us.
We retain all right, title, and interest in the Service, the software, the AI models, the learned-rules engine, the reports, the user interface, the underlying code, and the brand. You retain ownership of your financial data and the transactions you input ("Customer Data").
You grant us a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display your Customer Data for the limited purpose of operating and improving the Service. We may use aggregated, de-identified data to improve our models and to publish anonymized statistics, never in a form that identifies you or your business.
Feedback. If you give us suggestions, ideas, feature requests, or other feedback (including through in-app chat), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use it for any purpose without obligation, attribution, or compensation. Feedback is provided voluntarily and is not your confidential information.
The Service is provided on an as-available basis. We do not commit to any minimum uptime or service level. We may modify, add, remove, suspend, throttle, or discontinue the Service or any feature, plan, integration, or report, and may change usage limits, without liability. We will use commercially reasonable efforts to notice material adverse changes to paid features; if a paid plan you are on is permanently discontinued, your sole remedy is a pro-rata refund of prepaid, unused fees for that plan.
Beta features. Beta, preview, early-access, and experimental features are provided AS IS, may change or be withdrawn at any time, and are excluded from any commitment, warranty, or support.
Data backup; no system of record. Clarity Books is not a backup service or a system of record. We do not guarantee that Customer Data is retained, preserved, or recoverable, and we are not liable for loss, deletion, corruption, or inaccessibility of data however caused. You are solely responsible for maintaining independent backups. Account deletion is immediate and irreversible; you must export any data you need (including tax records you are required to keep) before you delete your account or before termination, because after deletion we cannot recover your live records.
Export. While your account is active, you can export your transactions and reports as CSV from the web app (CSV export is currently available in the web app only).
You may delete your account at any time. In-app deletion (Settings → Account → Delete Account, available on the web and in the mobile apps) takes effect immediately. If you instead email us a deletion request, we will verify your identity and then delete your records immediately upon verification.
Deletion timing. Upon deletion, your live records (transactions, invoices, contractor and mileage data, AI-learned rules, and uploaded files) are deleted immediately and irreversibly. Encrypted backups held by our infrastructure providers then roll off on their standard rotation (typically within about 30 days); this is backup expiry, not a delay in deleting your live records. Billing and payment records held by Stripe may be retained for up to 7 years to meet its own obligations; we do not maintain a separate financial archive after deletion. In case of any conflict on data handling, the Privacy Policy and DPA control.
We may suspend or terminate your account with or without notice for violation of these Terms, non-payment, risk of fraud, or if the Service is discontinued, and we may decline a new registration or discontinue service to any person or business at our discretion (subject to applicable anti-discrimination law).
Survival. The following survive termination, cancellation, suspension, or expiration of these Terms and your account: the Service-description and scope limitations (Section 3); Your Responsibilities (Section 4); the AI and OCR disclaimers (Section 5); the Specific Feature Disclaimers (Section 6); Reliance and Assumption of Risk (Section 7); Third-Party and Sub-Processor disclaimers (Section 8); Payment and Billing as to amounts accrued, authorization, refunds, taxes, and failed payments (Section 9); Ownership, License, and Feedback (Section 11); Data Backup (Section 12); Disclaimer of Warranties (Section 14); Limitation of Liability (Section 15); Indemnification (Section 16); the LLC shield and Covered-Persons provisions (Section 17); the Arbitration Agreement (Section 18); Governing Law (Section 19); the Apple and Google platform terms (Sections 20 and 21); Force Majeure (Section 22); and Miscellaneous (Section 24), plus any provision that by its nature should survive.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (b) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (c) AI CATEGORIZATIONS, EXTRACTIONS, REPORTS, OR SUMMARIES WILL MEET ANY TAX, REGULATORY, OR ACCOUNTING STANDARD; (d) DEFECTS WILL BE CORRECTED WITHIN ANY PARTICULAR TIMEFRAME; OR (e) THE SERVICE IS FIT FOR USE AS A SYSTEM OF RECORD FOR TAX OR LEGAL PURPOSES.
Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty lasts, and some consumer-protection rights cannot be waived. To the extent any such warranty or right cannot be excluded, it is limited to the minimum duration and scope permitted by law, and nothing in these Terms waives any right that applicable law does not permit to be waived. As between you and Apple, Apple provides no warranty for the iOS app (see Section 20).
In this section and Sections 14, 16, 17, and 18, "Covered Persons" means Clarity Books AI, LLC and its affiliates, members, managers, officers, employees, contractors, and licensors.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED PERSONS WILL NOT BE LIABLE FOR:
What this section does not limit. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for (a) fraud or fraudulent misrepresentation; (b) gross negligence, recklessness, or willful misconduct; (c) death or personal injury caused by our negligence; (d) our indemnification obligations, if any; or (e) non-waivable consumer-protection remedies. Subject only to the foregoing, the limitations in this section apply to the fullest extent permitted by law.
SUBJECT TO THE PRECEDING PARAGRAPH, THE AGGREGATE LIABILITY OF THE COVERED PERSONS FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (WHETHER PAID TO US DIRECTLY THROUGH STRIPE OR TO APPLE THROUGH AN IN-APP PURCHASE) OR (ii) FIVE HUNDRED U.S. DOLLARS ($500).
One-year limitations period. Except where a longer period is required by applicable law, and except for any claim that by law cannot be contractually shortened (for example, claims under the Connecticut Unfair Trade Practices Act, claims under any state automatic-renewal or auto-renewal-refund statute, claims under the Fair Credit Billing Act or Truth in Lending Act, and any claim for personal injury or fraud), any claim arising out of or related to the Service or these Terms must be brought by either party within one (1) year after the claim accrues or after the claimant knew or reasonably should have known of the facts giving rise to it; otherwise it is permanently barred. This does not shorten any non-waivable statutory limitations period.
The allocation of risk in these Terms is an essential basis of the bargain between you and us and is reflected in the price of the Service; absent these limitations, the fees would be materially higher. These limitations are independent of, and survive, any failure of essential purpose of any limited or exclusive remedy and any determination that the Disclaimer of Warranties is unenforceable in whole or in part. Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless the Covered Persons from and against any third-party claim, and any resulting damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees), to the extent arising out of or related to:
This indemnity does not apply to the extent a claim arises from our own gross negligence, willful misconduct, or fraud. We will not settle any claim in a manner that imposes a non-monetary obligation or an admission of fault on you without your prior written consent (not to be unreasonably withheld). We may, at our expense, assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.
Clarity Books AI, LLC is the sole contracting party. To the fullest extent permitted by the Connecticut Uniform Limited Liability Company Act, no member, manager, officer, employee, or contractor is personally liable for the contractual debts or obligations of the LLC solely by reason of that status. This section does not purport to limit any liability that cannot be limited under applicable law. To the maximum extent permitted by law, claims arising from the Service should be brought against the LLC.
The Covered Persons are intended third-party beneficiaries of Sections 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), and 18 (Arbitration), and may invoke and enforce those provisions directly.
Please read this section carefully. It affects how disputes are resolved and waives your right to a jury trial and to participate in a class action. You and Clarity Books each agree to the following.
Governing law for this section. This arbitration agreement is governed by the Federal Arbitration Act (FAA) and evidences a transaction in interstate commerce. Arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, seated in Hartford County, Connecticut; judgment on the award may be entered in any court of competent jurisdiction. At a consumer's election, hearings may be held by telephone or video or in the consumer's home federal judicial district.
Informal resolution first (required). Before starting an arbitration or court action, the complaining party must send an individualized, personally signed Notice of Dispute (stating the claimant's name, account email, the facts, and the relief sought) to brayden@claritybooksai.com (or, for us, to your account email), and the parties will negotiate in good faith for 60 days. Limitations periods and filing deadlines are tolled during this period. A mass-produced or form notice does not satisfy this requirement, and a filing made before the period ends will be dismissed or stayed. No consumer payment is required to invoke arbitration.
Class-action and representative waiver. You and Clarity Books each waive the right to a jury trial and the right to bring or participate in any class, collective, consolidated, private-attorney-general, or other representative action. The arbitrator may award relief only to the individual party seeking it and only to the extent necessary to that party's individual claim. If, and only if, a waiver of the right to seek public injunctive relief in all forums is found unenforceable, that claim alone is severed and may proceed in court (stayed pending arbitration of the other claims), without affecting the rest of this section.
Severability of this section. Every part of this Section 18 is severable except the class-action and representative waiver, which is non-severable from the agreement to arbitrate. If the class-action waiver is found unenforceable as to a particular claim, then only that claim proceeds in court and all other claims remain in arbitration. No class, collective, or representative claim may be arbitrated.
Who decides what. The arbitrator decides issues of arbitrability, interpretation, enforceability, and formation of this arbitration agreement, except that a court (not the arbitrator) decides (i) the enforceability, validity, and scope of the class-action waiver and (ii) the small-claims and intellectual-property carve-outs below.
Carve-outs (available to either party). Either party may bring an individual action in small-claims court for claims that qualify (only for so long as the action remains individual in that court); and either party may seek injunctive or equitable relief in court (i) to protect its intellectual property or confidential information, (ii) to stop unauthorized access to, disclosure of, or misuse of that party's personal or account data, or (iii) by way of a temporary restraining order or preliminary injunction in aid of arbitration, in each case without waiving this agreement.
Fees. The AAA Consumer Rules and fee schedules govern fees. For an individual (non-coordinated) claim, the consumer pays only the AAA consumer filing fee; Clarity Books pays the remaining AAA administrative and arbitrator fees and will advance the consumer filing fee on request. Each party bears its own attorneys' fees, except where a statute provides for fee-shifting or the arbitrator finds a claim or defense frivolous or brought for an improper purpose under a standard comparable to Federal Rule of Civil Procedure 11.
Coordinated or mass claims. If 25 or more substantially similar arbitration demands are filed by or with the coordination of the same or coordinated counsel within a 90-day period, the demands will be administered under the AAA Mass Arbitration Supplementary Rules. The parties will select a small bellwether batch (no more than 10 per side) to proceed first; the remaining demands are stayed and their limitations periods tolled; the parties will participate in a single global mediation after the bellwether awards; and only then will remaining demands proceed in further batches. No filing fees are owed on stayed demands until they proceed. Each demand must be individually signed and contain claimant-specific information. The parties may agree to a single administrative arbitrator for procedural and scheduling matters (not the merits). Each claimant retains the right to an eventual individual hearing.
30-day opt-out. You may opt out of this Section 18 by emailing brayden@claritybooksai.com within 30 days after you first accept any version of these Terms, stating your name, your account email, and a clear statement that you opt out of arbitration. Re-accepting a later version does not reopen this window. Opting out returns you fully to court (the jury and class waivers in this section then do not apply to you) and does not affect your right to use the Service or any other provision of these Terms.
Survival. This arbitration agreement survives termination, cancellation, suspension, or expiration of these Terms and your account, and any refund or chargeback.
Except for the arbitration agreement in Section 18 (which is governed by the FAA), these Terms are governed by the laws of the State of Connecticut, without regard to its conflict-of-laws rules. Subject to Section 18, any dispute that is not subject to arbitration must be brought exclusively in the state or federal courts located in Hartford County, Connecticut, and each party consents to personal jurisdiction and venue in those courts.
If you obtained or use the Clarity Books app through the Apple App Store, the following additional terms apply and, in case of conflict with the rest of these Terms as to the iOS app, control:
We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government action, internet or telecommunications failure, outages of third-party services (including the sub-processors listed in our Privacy Policy and DPA), or pandemic.
We may update these Terms from time to time. If we make material changes, we will notify you by email and/or by a notice within the application (through the electronic-communications mechanism in Section 1) at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree with a change, you must stop using the Service and may cancel your subscription. Re-accepting updated Terms does not reopen the arbitration opt-out window in Section 18.
Questions about these Terms? Email us at brayden@claritybooksai.com. The Service is operated by Clarity Books AI, LLC, a Connecticut limited liability company.