Welcome to Clever User Growth!
These Terms of Service ("Terms") establish the legal agreement, a company registered under the laws of United States, with its main office located at 14833 Currency Dr, Baton Rouge, LA 70817
By using this website, we assume you agree to abide by these terms. If you do not agree with any part of these terms, please refrain from using Clever User Growth: (i) who accesses or uses the website available at http://cleverusergrowth.com ("Website"), (ii) who utilizes the API and Services as described in Section 3 of these Terms, and/or (iii) who accesses any subdomain URLs associated with the Website pointing to the API, including but not limited to http://cleverusergrowth.com ("Subdomain URL(s)").
Prior to using the Website, Subdomain URLs, API, and Services, please carefully review these Terms. By accessing or using any of the aforementioned platforms, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you should: (i) not use the API or Services, and (ii) refrain from accessing the Website, Subdomain URLs, and Services.
Continued use of the Website, Subdomain URLs, API, and Services after your initial access will indicate your acceptance of these Terms.
Clever Point Inc reserves the unilateral right to modify or replace these Terms at its discretion and at any time. It is your responsibility to periodically review these Terms for updates. Your ongoing access to the Website, use of the Subdomain URLs, API, and Services following any modifications to these Terms will be subject to the updated Terms.
2.1 Clever Point Inc grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Website, Subdomain URLs, Services, and API for the duration of the Subscription Plan you select. This grant does not transfer any rights not explicitly mentioned herein, which remain reserved by Clever Point Inc and its licensors. If you allow any third party to use the Services on your behalf, you are solely responsible for ensuring their compliance with these Terms.
2.2 You maintain all rights, title, and interest, including intellectual property rights, in your data. This encompasses any Deliverables, data, code, images, information in your User Account, parameters, URLs, screenshot dimensions, and all other materials related to your use of the Website, Subdomain URLs, Services, and API ("User Data"). By using the Services, you grant Clever Point Inc a limited, non-exclusive right to use your User Data at no cost. This use is strictly for Clever Point Inc to (i) exercise its rights under these Terms and (ii) fulfill its obligations as stated in these Terms.
3.1 Clever Point Inc offers you its proprietary Web-based Software-as-a-Service (SaaS) platform through the Website and Subdomain URLs. This platform allows you to capture and convert web pages from third-party websites into screenshot images, referred to as the "Service(s)."
3.2 The Services are rendered to you via Clever Point Inc's cloud-based 'Clever User Growth' Application Programming Interface (API), collectively termed as the "API."
3.3 You agree not to (i) use the Website, Subdomain URLs, API, and Services for any illegal or unlawful activities, or (ii) engage in any actions that disrupt or interfere with the API and Services.
3.4 While Clever Point Inc isn't obliged to monitor the Services or Deliverables, it reserves the right to (i) review and remove Deliverables from your User Account at its discretion; (ii) revoke your API and Services access without prior notice and for any reason; and (iii) disclose information to comply with applicable laws, regulations, or legal processes.
3.5 When using the Website, Subdomain URLs, API, and Services, you agree not to:
(i) Infringe upon any copyright, trademark, patent, trade secret, or other proprietary rights using Deliverables provided by Clever Point Inc;
(ii) Upload files containing harmful software or programs;
(iii) Capture screenshots of illegal or harmful content using the API and Services;
(iv) Take screenshots that may not be legally distributed;
(v) Alter or remove any copyright or proprietary designations;
(vi) Violate any laws or regulations;
(vii) Overburden or threaten the integrity and performance of the Website, Subdomain URLs, Services, API, and third-party websites;
(viii) Misrepresent your identity to deceive Clever Point Inc or its vendors/suppliers;
(ix) Use or distribute user or usage information from the Website, Subdomain URLs, API, and Services;
(x) Overload the API infrastructure;
(xi) Sub-license or resell our API and Services.
4.1 You retain all rights, including intellectual property rights, title, and interest in any and all (i) screenshots of third-party web pages, (ii) content, data, visuals, and images within the screenshots you capture, and (iii) data and information in any form, including HTML format, obtained while using Clever Point Inc's Services and API ("Deliverables"). You recognize that Clever Point Inc possesses no intellectual property rights over the Deliverables. Consequently, you agree to defend, indemnify, and hold Clever Point Inc and its affiliates harmless from any third-party damages, losses, claims, or actions arising from or related to the display, submission, or use of the Deliverables by you.
4.2 Clever Point Inc neither controls nor endorses the content within any Deliverables. You are prohibited from using the Services to capture inappropriate, inaccurate, fraudulent, or otherwise illegal content, images, or information. Therefore, Clever Point Inc disclaims all liability concerning (i) the Deliverables, and (ii) any actions by third parties or resulting from your use of the Website, Subdomain URLs, Services, and API.
4.3 You consent to Clever Point Inc's rights to (i) review or screen the Deliverables and/or data you transmit through the API and Services in compliance with these Terms and applicable law; and (ii) retain all User Data, including Deliverables, for a period of ninety (30) days, solely for purposes of (a) your retrieval of the Deliverables from cache, (b) debugging, or (c) Clever Point Inc providing support to you.
Clever Point Inc may offer reasonable support services to you via the Website chat, email, or calls to address any queries or technical issues you encounter while using the API and Services. Our support services may encompass (i) guidance on using the Services and API, (ii) resolving issues you face with the Services and API, (iii) addressing issues resulting from your misuse of the Services and API, and (iv) furnishing technical aid with coding and the API.
6.1 To access the API, Subdomain URLs, and Services, you must register for a single user account on the Website. During registration, you must provide all necessary information, including but not limited to your full name, email address, and contact details. Upon completion, Clever Point Inc will establish an account for you on the Website ("User Account").
6.2 You commit to: (i) Furnishing true, accurate, current, and complete details about yourself as prompted during Clever Point Inc's registration process on the Website; and (ii) Regularly updating the information provided at registration to ensure its continued accuracy, completeness, and currency.
6.3 If the information you provide to Clever Point Inc is found to be untrue, inaccurate, outdated, or incomplete, or if Clever Point Inc has reasonable grounds to believe so, we reserve the right to terminate your User Account on the Website, thereby revoking your access to the Website, Subdomain URLs, API, and Services.
6.4 During the registration process, you can select an email and password for your User Account, serving as your login credentials ("Login Credentials"). You are solely responsible for: (i) Safeguarding the confidentiality of your Login Credentials and API keys; and (ii) Monitoring and controlling all activities conducted under your User Account. Should you suspect unauthorized use of your User Account, API keys, or any security breach, you must promptly notify Clever Point Inc. Clever Point Inc disclaims liability for any losses resulting from unauthorized access to your Login Credentials, API keys, or User Account. However, you may be liable for any losses incurred by Clever Point Inc due to unauthorized use of your Login Credentials, API keys, or User Account. You acknowledge that using another user's User Account, Login Credentials, or API keys without their explicit consent is strictly prohibited.
6.5 You recognize and agree that: (i) You are permitted to register only one (1) User Account on the Website; and (ii) Holding multiple User Accounts under your name, whether as an individual or a legal entity, is prohibited.
7.1 You are prohibited from utilizing the Website and Subdomain URLs to transmit, distribute, store, or destroy any material or information that:
(i) Contravenes any applicable law or regulation;
(ii) Infringes upon Clever Point Inc's Intellectual Property Rights (defined below) or the intellectual property rights of any third party;
(iii) Violates the privacy or personal rights of third parties; or
(iv) Is defamatory, obscene, threatening, abusive, or hateful.
7.2 You are expressly forbidden from:
(i) Employing any robot, spider, or other automated means, or manual processes to monitor or copy any segment of the Website;
(ii) Using any tools, software, or methods to disrupt or attempt to disrupt the proper operation of the Website, Subdomain URLs, Services, and the API;
(iii) Undertaking actions that place an undue or disproportionately large burden on the Website, Subdomain URLs, and API;
(iv) Replicating, altering, modifying, creating derivative works, or publicly displaying any content from the Website or API without prior written consent from Clever Point Inc;
(v) Engaging in reverse-engineering, reverse-assembly, or any attempts to discern the source code related to the Website or API, except as expressly permitted by applicable law;
(vi) Trying to access unauthorized areas of the Website or API;
(vii) Conducting systematic or automated data collection activities on or related to the Website, including but not limited to data scraping, mining, extraction, harvesting, framing, and article spinning, without Clever Point Inc's prior written consent; and
(viii) Utilizing the Website, Subdomain URLs, and API to dispatch unsolicited commercial or marketing communications for any purpose without Clever Point Inc's prior written authorization.
8.1 All content, trademarks, data, information, materials, or documents associated with the Website, Subdomain URLs, API, and Services—including copyrighted works, databases, text, graphics, icons, designs, logos, hyperlinks, domain names, codes, and agreements ("Materials")—are either the exclusive property of Clever Point Inc or are licensed to Clever Point Inc. You are prohibited from reproducing, distributing, or copying the Materials, whether electronically or otherwise, without obtaining prior written consent from Clever Point Inc.
8.2 All intellectual property rights related to the Materials, Website, Subdomain URLs, API, and Services—including but not limited to patents, rights in inventions, design rights, trademarks, trade and business names, goodwill, rights against unfair competition, copyrights, moral rights, database rights, topography rights, domain names, rights in information (including trade secrets and know-how), and all other similar or equivalent rights existing now or in the future globally, whether registered or unregistered, including applications for, renewals, or extensions of such rights ("Clever Point Inc's Intellectual Property Rights"), are exclusively owned by Clever Point Inc, its affiliates (if any), licensors, or vendors. All rights not explicitly granted to you by Clever Point Inc are retained by Clever Point Inc. Except as expressly stated herein, you do not acquire any rights, title, or interest in Clever Point Inc's Intellectual Property Rights.
9.1 You agree to indemnify and protect Clever Point Inc from any liability, demand, damages, cost, claim, or expense resulting from a third-party claim arising due to: (i) your negligence; (ii) your breach of these Terms; (iii) your proper or improper use of the Website, Subdomain URLs, API, and/or Services; (iv) your violation of Clever Point Inc's Intellectual Property Rights; (v) a claim that the User Data, information within the User Data, or the Deliverables infringes upon, misappropriates, or violates any third party's intellectual property rights; and/or (vi) any activities you conduct on or through any third-party website. Clever Point Inc will indemnify and protect you from any liability or expense arising from a third-party claim based on any negligence on the part of Clever Point Inc. For the purpose of this section, "Negligence" refers to gross negligence or intentional misconduct.
9.2 Should a claim arise that requires indemnification under this agreement, the indemnified party shall: (i) promptly notify the indemnifying party of the claim; (ii) offer reasonable cooperation and assistance to the indemnifying party, at the indemnifying party's cost, in defending such claim; and (iii) permit the indemnifying party to take control of the defense and settlement of the claim. The indemnified party retains the right to participate in the defense of the claim and may hire counsel at its own expense to aid in handling the claim. Prior to entering into any settlement that affects the rights of the indemnified party, the indemnifying party must secure written approval from an authorized signatory of the indemnified party.
10.1 Clever Point Inc, its affiliates (if any), licensors, vendors, and their respective directors, officers, employees, and agents shall not be held responsible or liable to you or any third party, whether under contract, warranty, tort (including negligence), or any other legal theory, for any indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages. This includes, but is not limited to, loss of profit, revenue, or business, arising wholly or partially from your access to the Website and your use of the API, Subdomain URLs, and Services, even if Clever Point Inc has been informed of the potential for such damages.
10.2 Despite Clever Point Inc's efforts to prevent security breaches, it's important to note that no website, API, or internet transmission can be entirely secure. Therefore, Clever Point Inc, its affiliates (if any), licensors, and vendors shall not be liable for any direct, indirect, punitive, incidental, special, exemplary, or consequential damages resulting from unauthorized access, hacking, data loss, or other breaches that may occur during your use of the Website, Subdomain URLs, API, and Services.
Clever Point Inc's Privacy Policy, accessible at http://cleverusergrowth.com/privacy_policy, oversees the use, storage, and processing of personal information you provide to Clever Point Inc through your (i) access to the Website, and/or (ii) use of the Subdomain URLs, API, and Services. By choosing to use the Website, Subdomain URLs, API, and Services via the Website, you are deemed to accept the terms of Clever Point Inc's Privacy Policy.
The Website and/or Services might feature links and/or advertisements directing to third-party websites or resources. You recognize and agree that Clever Point Inc is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services offered or available from such websites or resources. The presence of links and advertisements to these websites or resources does not indicate any endorsement by Clever Point Inc of their content, products, or services.
Your interactions, communications, or business transactions with any third party encountered on or through the Website and/or Services, including any terms, conditions, warranties, or representations associated with such interactions or transactions, are solely between you and the respective third party. You acknowledge and agree that Clever Point Inc shall not be responsible for any loss or damage you might incur due to any interaction, communication, business transaction, or other dealings with any third party discovered through (i) the Website and/or (ii) your use of the Services.
Both Parties shall adhere to all relevant laws pertaining to the Services. Each Party must maintain records that demonstrate its compliance and, upon the reasonable request of the other Party, furnish these compliance records. Should either Party become aware of any non-compliance associated with these Terms, it shall promptly notify the other Party.
13.1 Non-Exclusivity. The obligations of the Parties under these Terms are non-exclusive. Nothing in these Terms prevents you from accessing, purchasing, selling, or using products or services from other third parties, even if they are similar to the API and Services provided by Clever Point Inc via the Website and Subdomain URLs. Similarly, Clever Point Inc retains the right to offer the Service to other registered users, even those who may be your competitors.
13.2 Severability. Should any provision or portion of these Terms be deemed invalid under any applicable law or statute, it shall be considered omitted from these Terms. Such invalidity shall not affect or impair the remaining provisions of these Terms.
13.3 No Waiver. The failure or delay by a Party in enforcing any provision of these Terms shall not act as a waiver of the right to enforce that provision or any other provision at any later time. Any waiver of a provision of these Terms must be in writing, specify the provision being waived, and be signed by the waiving Party.
13.4 Notices. Unless otherwise stipulated in these Terms, any required or permissible notice must be in writing and delivered by certified mail, registered mail, courier, or emailed to [email protected].
13.5 Entire Agreement. These Terms constitute the complete and exclusive agreement between the Parties regarding the subject matter herein. They fully and entirely embody the Parties' understanding concerning the subject matter herein. No other prior understandings, agreements, representations, or warranties, whether written or oral, exist between the Parties unless explicitly mentioned herein.
