Terms of Use

These Terms of Use (“Terms”) are an agreement between you and [Clivity legal entity name] (“Clivity,” “we,” “us”) and apply to the Clivity app and website (the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use Clivity.

1. Who can use Clivity

• You must be at least 13 to create your own account, or have a parent or guardian's permission if you're under the age of majority where you live.
• Children under 13 may use Clivity only when a parent or guardian adds them to a circle or sets up a device for them, and the parent is responsible for the child's use.
• You must give accurate information and keep your account and devices secure. You're responsible for activity on your account.

2. Circles and consent

Clivity is for people who know and agree that they're sharing their location with each other. You agree that you will:

• only add people to a circle, or set up a device for someone, when they know about it and have agreed (or, for a child, when you're their parent or legal guardian);
• never use Clivity to secretly track, stalk, harass, or control anyone, including a partner or ex-partner;
• use what you see in Clivity — people's locations, drives, and plans — only for your circle's personal, family purposes.

We may remove anyone from a circle, or suspend accounts, to protect people's safety. If you believe someone is using Clivity to track you without your consent, contact us at hello@clivity.app.

3. Safety features have limits

• Clivity is not an emergency service. SOS alerts go to your circle, not to 911 or any emergency responder. In an emergency, call your local emergency number.
• Locations, arrival alerts, drive detection, speed, and battery information depend on your device, its settings, GPS, and network, and may be delayed, approximate, or unavailable. Don't rely on Clivity as your only way of knowing someone is safe.
• Driving features are informational. Never use your phone in a way that distracts you while driving.

4. Cliff, the AI assistant

Cliff uses artificial intelligence to answer questions and draft alerts. Cliff can be wrong or out of date, and its answers aren't professional advice. Check anything important directly with the person, and don't rely on Cliff in an emergency. Alerts Cliff drafts only turn on after you confirm them.

5. Your content

You own what you put into Clivity — messages, photos, places, to-dos, and so on. You give us a limited license to host, store, process, and display it only as needed to operate the Service for you and your circles (for example, showing your check-in to your circle). You're responsible for your content and confirm you have the right to share it.

6. Acceptable use

Don't:

• break the law or violate anyone's rights, including privacy rights;
• harass, threaten, or harm anyone, or share content that's abusive, sexual involving minors, or hateful;
• try to access other people's data or accounts, or get around our security or access rules;
• reverse engineer, scrape, overload, or disrupt the Service, or use it to build a competing product;
• impersonate anyone or misrepresent who you are.

7. Our service

We may change, add, or remove features, and may suspend or end the Service or your access if you break these Terms or to protect others. Clivity is currently free. If we introduce paid features, we'll show you the price and terms before you buy; purchases in the iOS app are handled by Apple under its terms.

The Clivity app, website, name, mascots (including Cliff), and designs belong to us and our licensors. These Terms give you a personal, non-transferable, revocable license to use the app for its intended purpose.

8. Ending your use

You can stop using Clivity and delete your account at any time (see the Privacy Policy). Sections that by their nature should survive — like disclaimers, limits of liability, and disputes — survive termination.

9. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LOCATIONS OR ALERTS WILL BE ACCURATE OR TIMELY.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CLIVITY WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$100. SOME PLACES DON'T ALLOW THESE LIMITS, SO THEY MAY NOT APPLY TO YOU.

11. Indemnity

You agree to defend and indemnify Clivity against claims arising from your misuse of the Service or violation of these Terms, including tracking someone without their consent.

12. Governing law and disputes

These Terms are governed by the laws of [State], USA, without regard to conflict-of-law rules. [Dispute resolution terms — courts in [County, State], or arbitration — to be finalized.] Nothing here limits rights you have under the consumer laws of where you live.

13. Apple

If you downloaded Clivity from the Apple App Store:

• These Terms are between you and Clivity, not Apple. Apple isn't responsible for the app or its content.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to an applicable warranty, you may notify Apple for a refund of the purchase price (if any); to the extent permitted by law, Apple has no other warranty obligation.
• Apple isn't responsible for addressing claims relating to the app, including product liability claims, claims that the app fails to meet legal requirements, or consumer protection or privacy claims.
• Apple isn't responsible for investigating or defending third-party intellectual property claims about the app.
• You confirm you're not in a country subject to US embargo and not on a US prohibited-parties list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

14. Changes

We may update these Terms. If a change is material, we'll let you know in the app or by other means before it takes effect. Continuing to use Clivity after that means you accept the updated Terms.

15. Contact

hello@clivity.app
[Clivity legal entity name], [mailing address]