These Terms of Service ("Terms") are an agreement between you and Clairitea ("we", "us" or "our"). They govern your use of the Clairitea iOS app, the website at clairitea.com (whether or not you sign in there), and every related feature and service we offer (together, the "Service").
Please read Section 19 carefully. Except for a few types of claims, it requires you and Clairitea to resolve disputes through individual binding arbitration, not in court. It waives class actions, class arbitrations and jury trials. You can opt out of arbitration within 30 days of first accepting these Terms, as Section 19.9 explains.
If you buy Clairitea Plus, it renews automatically and you are charged each week or month until you cancel. Section 11 explains prices, cancellation and refunds.
When you create an account, sign in, or tap or click to continue on the sign-in screen, you agree to these Terms. The House Rules and the Community Guidelines are part of these Terms. The Privacy Policy explains how we handle personal information. The Safety Center, the Copyright and DMCA Policy, the Law Enforcement Guidelines, the Cookie Policy and the AI Disclosure explain specific processes. If you do not agree to these Terms, do not use the Service.
1. Who can use Clairitea
1.1. You must be 18 or older. Clairitea is for adults only. By creating an account you confirm that you are at least 18 years old and able to enter a binding contract. We do not knowingly allow anyone under 18 to use the Service. If we learn that an account belongs to someone under 18, we will close it and delete its information as described in the Privacy Policy.
1.2. You must be allowed to use it. You may not use the Service if we have previously banned you, or if you are barred from receiving services under the laws of the United States or any other applicable jurisdiction.
1.3. United States only. We offer the Service only to people in the United States. We operate it from the United States, and it is not directed to people in the European Union, the United Kingdom or any other country. Do not create an account or buy Clairitea Plus if you are outside the United States. We may block access from outside the United States.
2. What Clairitea is, and what it is not
2.1. A platform for first-hand experiences. Clairitea lets adults share their own first-hand experiences with people they have dated, met or dealt with, ask other users whether they know someone, and read what other users have posted. A "page" collects the posts that users have made about a named person.
2.2. Posts are the words of the users who write them. Posts, comments, questions, ratings, flags, reason labels, photos, screenshots ("receipts") and other material that users submit ("User Content") are created by those users, not by Clairitea. Clairitea is an interactive computer service under 47 U.S.C. § 230. We are not the publisher or speaker of User Content, and our decisions to review, hold, remove, restore, rank or leave up User Content do not make that content ours.
2.3. We do not verify posts. We do not check whether what users say is true, and we do not take sides in factual disputes between users and the people they post about. Our moderation looks for content that breaks the House Rules. It does not confirm facts. Treat every post as one person's account of their own experience.
2.4. We do not write or edit posts, and counts are tallies. Users write their own words and choose their own flags, reason labels, ratings and photos. Our moderators approve, hold, remove or restrict content. They do not rewrite it, add to it or change its meaning. Counts and meters on a page, such as how many users chose a red or green flag or a reason label, are tallies of what users chose. They are not findings, ratings, scores or opinions of Clairitea about anyone.
2.5. Not a background check or consumer report. Clairitea is not a consumer reporting agency, and nothing on the Service is a "consumer report" under the Fair Credit Reporting Act (15 U.S.C. § 1681 and following) or any similar state law. You may not use the Service, or any information from it, to decide anyone's eligibility for employment, housing, credit, insurance, a license, or any other purpose covered by those laws.
2.6. We do not screen users or the people posted about. We do not run criminal background checks, identity checks or sex-offender registry searches on users or on the people that posts are about. We do not confirm that a user is who they say they are, or that a page, name or photo belongs to the person a post describes.
2.7. Not an emergency service. Clairitea cannot send help. If you or someone else is in danger, call 911. The Safety Center lists crisis resources.
2.8. Use your own judgment. What you read on Clairitea may be incomplete, out of date, mistaken, one-sided, or about a different person with the same name. Do not rely on it alone when you make decisions about your safety or anyone else's. Never use it to find, contact, confront or harm anyone. You are responsible for your own decisions and for your interactions with other people, online and offline.
3. Your account
3.1. Signing in. You can create an account and sign in, in the app or on clairitea.com, with your mobile phone number or, where we offer them, Sign in with Apple or Google. Sign-up and log-in use the same screen. We may ask you to verify a phone number, or to verify again, before you use some features or when we see signs of abuse.
3.2. Text messages. If you enter a phone number, you ask us to send a one-time sign-in code to that number by SMS, and you confirm that the number is yours. We send a code only when you ask for one. We do not send marketing texts. Message and data rates may apply. We may first check that the number is a mobile line.
3.3. Device and bot checks. To protect users from fake and automated accounts, the app uses Apple's App Attest to confirm that requests come from a genuine copy of the Clairitea app on a real Apple device. The website uses Cloudflare Turnstile to check that a person, not a bot, is signing in, and a security cookie (see the Cookie Policy). A device or browser that has been used by an account suspended or banned under these Terms may be refused.
3.4. One person, one account. You may have only one account, and it must be yours. Do not share it, sell it, transfer it, or let anyone else use it. Do not create an account for someone else, or a new account after we have suspended or banned you.
3.5. Keep it secure. You are responsible for activity on your account and for keeping your phone, sign-in provider account and verification codes secure. Tell us at support@clairitea.com right away if you think someone else has access to your account.
3.6. Accurate information. Information you give us about yourself, such as your age and your city, must be true.
4. Your anonymity, and its limits
4.1. Anonymous to other users. We do not show your name, phone number, email address, sign-in account or any account identifier to other users or to the people you post about. Posts and comments appear without your identity. In a circle, other members see only the nickname you choose for it.
4.2. Not anonymous to us. Clairitea knows which account made each post. We keep the account information described in the Privacy Policy, and we use it to enforce these Terms.
4.3. Legal process. We may be required to disclose information about your account in response to a valid subpoena, court order, search warrant or other legal process, or to prevent death or serious physical injury. Our Law Enforcement Guidelines explain what we hold, what process we require, and when we notify you before we disclose anything. We may, but are not required to, object to a request for your information. Whether to defend your own anonymity in court is your decision and your cost.
4.4. You are responsible for what you post. Anonymity on Clairitea does not protect you from legal claims. Someone who believes your post is false or unlawful may sue you personally, and a court may order us to identify you. Before you post, read Section 6 and the House Rules.
4.5. Protect yourself. Details in a post, such as dates, places or events only you would know, can identify you to the person you post about. Think about that before you share them.
5. Your content and the license you give us
5.1. You own your content. You keep whatever rights you have in the User Content you submit. You are solely responsible for it and for the consequences of posting it.
5.2. License to Clairitea. You grant Clairitea a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, copy, process, adapt, format, translate, display, perform and distribute your User Content, in any media, to operate, provide, secure, moderate and improve the Service. This includes showing your User Content in the app and on clairitea.com, and processing it for moderation and safety. "Adapt" covers technical changes only, such as resizing and re-encoding images, removing image metadata, applying the redactions you choose to screenshots, and showing a shortened preview of a post. We do not rewrite your words. We will not use your User Content in advertising for Clairitea outside the Service without your permission, and we do not use it to train AI models. Our service providers may exercise this license only to provide services to us. To the extent the law allows, you waive any moral rights in your User Content that would stop us from using it as this license permits.
5.3. How long the license lasts. The license ends when your User Content is deleted from the Service, except: (a) for copies we keep for the periods set out in the Privacy Policy, including copies kept for appeals, safety and legal reasons; (b) for content that must be preserved by law or legal process; and (c) where other users have already interacted with your content, such as by replying, to the extent needed to keep their content working.
5.4. Feedback. If you send us ideas or suggestions about the Service, we may use them without any obligation to you.
5.5. Our content. The Service, including its software, design, text we write, logos and the Clairitea name, belongs to Clairitea or its licensors and is protected by law. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service as these Terms allow. You may not copy, modify, distribute, sell or lease any part of the Service, or reverse engineer or try to extract its source code, except where the law allows it despite this restriction.
6. Your promises about what you post
Every time you post, comment, rate, flag, upload a photo or screenshot, or submit anything else, you promise that:
6.1. It is your own first-hand experience. You are describing what happened to you, or asking a genuine question. You are not passing on rumors, gossip, or what someone else told you as if it were fact.
6.2. It is true to the best of your knowledge. You believe what you state as fact is true. When you give an opinion, it is clearly your opinion and is based on your experience. You do not accuse anyone of a crime, a sexually transmitted infection or specific sexual acts unless it is true and it happened to you, and you understand that we hold posts like these for review by a person.
6.3. It is about the right person. You have taken reasonable care that the page, name and photo you use are for the person you are describing.
6.4. It contains no private information. You do not share anyone's phone number, email address, home or street address, license plate, Social Security number, financial account details, social media handles or links, the names of their family members, or where they will be and when, and you do not share any of that about yourself.
6.5. It involves no minors. Nobody you post about is under 18, and your post contains no photos of, or information about, anyone under 18.
6.6. It is not harassment. You are not posting to threaten, intimidate, harass, stalk, extort or take revenge on anyone, or to encourage others to contact, confront or harm them.
6.7. It contains no intimate images and no sexual content. You do not share nude, sexual or intimate images of anyone, ever, including images that are fake or AI-generated.
6.8. You have the rights you need. You own, or have permission to share, every photo and screenshot you upload. Screenshots are of conversations you took part in and have not been altered. Sharing your content on Clairitea does not violate anyone's copyright, privacy, publicity or other rights, or any contract or court order.
6.9. It is genuine. You are not being paid, rewarded or asked by anyone to post, and you are not posting as part of a coordinated campaign, in a fake name, or with more than one account. What you post is not made up or generated by AI and presented as your own experience.
7. What you may not do
In addition to following the House Rules, you may not:
(a) use the Service to locate, track, contact, confront, stalk, threaten, harass or harm anyone, or to help anyone else do so;
(b) use the Service for any purpose covered by the Fair Credit Reporting Act or similar laws (Section 2.5);
(c) ask for or accept money, favors or anything else in exchange for posting, changing or removing content, or threaten to post content unless someone pays or does something;
(d) impersonate any person or entity, or misrepresent your connection to anyone;
(e) scrape, crawl, copy in bulk, index, or collect content or data from the Service by any automated means, or build a database or competing product from it;
(f) access the Service other than through the Clairitea app, clairitea.com, or an interface we provide, or bypass any limit, paywall, rate limit, device check or security measure;
(g) test, probe or attack the security of the Service, or interfere with it, overload it, or introduce malware, except under a written security research agreement with us;
(h) create accounts by automated means, buy or sell accounts, or use the Service after we have suspended or banned you;
(i) manipulate flags, ratings, reactions, reports, disputes, streaks or leagues, including by filing reports you know are false;
(j) advertise, sell, promote or ask for money for anything on the Service;
(k) use the Service to break any law, or to infringe anyone's rights; or
(l) help or encourage anyone else to do any of these things.
8. Moderation, reports and our rights
8.1. How we moderate. We use automated checks and review by people to find content that may break the House Rules. Automated checks may publish, hold or block content when it is submitted. A held item is not shown to other users until a person reviews it. The AI Disclosure explains which automated checks use AI and when.
8.2. Reports and blocking. Every post, comment, photo and screenshot can be reported in the app and on the website. You can block another user so that you no longer see each other's activity. People without an account can use the "A post about you?" form on clairitea.com or email safety@clairitea.com. We never tell the person reported who reported them. The Community Guidelines and Safety Center explain the report reasons and what happens next.
8.3. Our rights. We may review, hold, remove, restore, restrict, label or refuse to show any User Content, and limit how it is shown, for any reason consistent with these Terms, including to comply with the law or to protect users, the people posted about, the public or Clairitea. We are not required to monitor User Content, and we do not guarantee that we will find or remove every item that breaks these Terms. We do not always explain a decision when explaining it could put someone's safety or privacy at risk.
8.4. Conduct off the Service. We may act under these Terms on conduct outside the Service when it is connected to Clairitea, for example if someone uses what they read on Clairitea to contact, follow, threaten or harass a person.
8.5. Nothing is removed for money. We never accept payment to remove, hide, change or rank down content, and nobody can pay Clairitea to have a report, dispute or appeal handled faster or differently. Anyone who offers to remove content from Clairitea for money is not acting for us. Please report them to safety@clairitea.com.
9. If you are the person a post is about
9.1. You do not need an account to ask us to review a post about you. Use the "A post about you?" form on your page on clairitea.com or at clairitea.com/support, or email safety@clairitea.com with a link to the page. After you confirm your email address, we aim to review the request within 48 hours.
9.2. We review every such request against these Terms and the House Rules. We remove content that breaks them. We may leave up content that does not, even if you disagree with it, because it is another person's account of their own experience. We may ask you for information we need to review the request. We do not tell you who wrote a post. We disclose that only under Section 4.3.
9.3. Intimate images are removed under the separate process in the Safety Center, within 48 hours of a valid request. Copyright complaints follow the Copyright and DMCA Policy.
9.4. Court orders. If a U.S. court has decided that specific content on Clairitea is defamatory or otherwise unlawful, send a copy of the order to legal@clairitea.com. We review every order we receive and generally remove the content it covers. We may decline an order that appears to be fake, altered or obtained by fraud.
9.5. Never for money. We never remove, hide or change content because someone paid or offered to pay, and a Clairitea Plus subscription never changes how a request is handled.
10. Copyright
We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act as described in the Copyright and DMCA Policy. We close the accounts of repeat infringers in appropriate circumstances.
11. Clairitea Plus subscriptions and billing
11.1. Plans and prices. Clairitea Plus is an optional paid subscription. There are two plans: weekly, at $4.99 per week, and monthly, at $14.99 per month (U.S. dollars, plus any tax). There is no free trial. The purchase screen shows what Plus includes, the price, how often you will be charged, and how to cancel, before you buy. The price shown on the purchase screen when you buy is the price that applies.
11.2. Automatic renewal. Your subscription renews automatically, and you are charged the plan's price at the start of each new week or month, until you cancel. You agree to these recurring charges when you confirm the purchase. There is no minimum term. You can cancel at any time, and cancelling stops future charges.
11.3. Buying in the iOS app (Apple). In the iOS app, Plus is sold through Apple's App Store. Apple takes the payment under its own terms, and we never receive your payment card details. Apple charges your Apple Account when you confirm the purchase, and charges each renewal within the 24 hours before the current period ends, unless you cancel at least 24 hours before it ends.
- To cancel: open the Settings app on your iPhone, tap your name, then Subscriptions, then Clairitea, then Cancel Subscription.
- Refunds: Apple handles all refunds for App Store purchases under Apple's policies. Request one at reportaproblem.apple.com. We cannot refund App Store purchases ourselves.
- Price changes: Apple tells you in advance and, where Apple's rules require, asks you to agree before a higher price applies.
11.4. Buying on clairitea.com (web). On the website, Plus is sold through Stripe's checkout page, and Stripe processes the payment, including Apple Pay where offered. RevenueCat manages the subscription for us. We never receive your full card number. Your payment method is charged when you confirm the purchase and at the start of each renewal period.
- Confirmation: after you buy, we or Stripe email you a receipt that shows the plan, the price, how often you will be charged and how to cancel.
- To cancel: on clairitea.com, open Clairitea Plus (clairitea.com/app/plus) and choose Manage, which opens Stripe's billing portal, or use the link in your receipt email. You can cancel online, at any time, without calling or writing to us. You can also email support@clairitea.com, and we will cancel for you.
- Price changes: we email you at least 7 days, and not more than 30 days, before a higher price applies to your plan, and tell you how to cancel. If you do not want the new price, cancel before your next renewal.
- Refunds: except as Section 11.10 provides or where the law requires otherwise, payments are not refundable, and we do not give refunds or credits for partial periods. If you believe you were charged by mistake, email support@clairitea.com within 30 days of the charge and we will review it.
- Failed payments: if a renewal payment fails, we or our payment providers may retry it. If it still fails, Plus ends.
11.5. When you cancel. You keep Plus until the end of the period you have already paid for. It then ends, and you are not charged again. Deleting the app, or deleting your Clairitea account, does not cancel a subscription. Cancel it first, as Section 11.3 or 11.4 explains.
11.6. One account, both places. Plus belongs to your Clairitea account. When you are signed in to the same account, Plus works in the app and on the website, wherever you bought it. You can restore an App Store subscription in the app on a new device. You manage and cancel a subscription where you bought it.
11.7. Offers. If we ever offer a discount or an introductory price, the purchase screen will show its length, its price and the regular price that applies after it, before you buy.
11.8. Disputed charges. If you think a charge is wrong, please contact us (web) or Apple (App Store) first. We may suspend Plus, or the account, while a chargeback is open, and may close an account that files chargebacks for charges it authorized.
11.9. What payment does not do. Paying for Plus never affects whether content is removed, how a report, dispute or appeal about you or your content is handled, or whether other users can see who you are.
11.10. Extra cancellation rights in some states. If you live in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island or Wisconsin, you may cancel a new subscription for a full refund by midnight of the third business day after the day you bought it (Sundays and holidays do not count). For a web purchase, email support@clairitea.com within that time with the phone number or sign-in method on your account and a statement that you are cancelling; we refund the payment to the card you used within 10 days of receiving your notice. For an App Store purchase, request the refund from Apple at reportaproblem.apple.com within that time. If you live in one of these states and you die, or become disabled so that you cannot use the Service, before a paid period ends, you or your estate may ask for a refund of the part of the payment that covers the time after the death or disability. Email support@clairitea.com (web purchases) or contact Apple (App Store purchases).
12. Free features, limits and changes to the Service
12.1. Every account can open a limited number of pages for free each week. The app shows how many you have left. We may also give free lookups or temporary access for things like accepting an invite or contributing a post, as the app describes when it offers them.
12.2. Free lookups, bonus lookups, unlocks and similar features have no cash value, cannot be transferred or exchanged, and may expire. Limits that protect the Service from bulk collection apply to every account, including Plus accounts.
12.3. We are always changing the Service. We may add, change, limit or remove features, including free features, at any time. If a change materially reduces what a paid subscription includes during a period you have already paid for, we will tell you, and you can cancel as Section 11 explains.
12.4. Streaks, leagues and other game features. Check-ins, streaks, leagues, divisions, ranks, Streak Wagers, comparisons with other users and similar features are optional and for fun. They never involve money: you cannot buy, sell, win or cash out anything with them, and nothing you "stake" or earn has any value outside the feature. They are not gambling or a contest. We may reset, change or end them at any time, and we may remove anyone from them for gaming them.
12.5. Circles. A circle lets a small group of friends share a watchlist. Joining is your choice: you join only with an invite code a member gives you, and you can leave at any time. Members see the circle's name, the nickname each member chose and the people on the shared watchlist. They never see your account details. Do not use a circle to coordinate posts, ratings or reports about anyone.
13. Suspension, termination and appeals
13.1. What we may do. If we reasonably believe you have broken these Terms or the House Rules, or your use of the Service creates risk or legal exposure for users, the people posted about, the public or Clairitea, we may remove your content, warn you, restrict features, suspend your account for a period or until review, or permanently ban you. The House Rules describe the usual consequence for each type of violation. We may skip steps for serious violations, such as threats, intimate images, content involving minors or repeated abuse.
13.2. Appeals. If we remove your content or suspend your account, you can appeal on clairitea.com in Settings, Appeals. If you are suspended, the iPhone app's suspension screen also lets you appeal, and you can always email support@clairitea.com. A person reviews every appeal and tells you the outcome. You can have one open appeal at a time. We may decline to review an appeal filed more than 6 months after the decision.
13.3. Ending the agreement. You can stop using the Service and delete your account at any time. We may end these Terms or stop offering the Service to you at any time, with notice where reasonable. Sections 2, 4.3, 4.4, 5.2 to 5.5, 6, 7, 11.8, 13.4 and 14 to 22 survive termination.
13.4. No refund on a ban. If we suspend or close your account because you broke these Terms or the House Rules, we do not refund amounts you have already paid, except where the law or Apple's policies require it.
14. Deleting your account
You can delete your account at any time in Settings (Delete account), in the iPhone app or on clairitea.com, or by emailing support@clairitea.com (we verify the request first). When you do, we sign you out on every device, remove your posts, comments and ratings from the Service, and delete or de-identify your account information on the schedule in the Privacy Policy. Some information is kept for a limited time afterward for safety, appeals and legal reasons, as the Privacy Policy explains. Deleting your account does not cancel a subscription. Cancel it first (Section 11.5).
15. Third-party services and Apple
15.1. Third-party services. The Service works with services from other companies, such as Apple, Google, RevenueCat, Stripe and the service providers listed in the Privacy Policy. Their terms and policies govern your use of their services, and we are not responsible for them.
15.2. Apple. If you use the Clairitea iOS app, you and Clairitea both acknowledge that:
(a) these Terms are between you and Clairitea only, not Apple, and Clairitea, not Apple, is solely responsible for the app and its content;
(b) your license to use the app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions;
(c) Apple has no obligation to provide any maintenance or support for the app;
(d) if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the app to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Clairitea's responsibility, to the extent not disclaimed in these Terms;
(e) Clairitea, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar laws;
(f) if a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, Clairitea, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim;
(g) you represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as "terrorist supporting", and that you are not on any U.S. Government list of prohibited or restricted parties;
(h) you must comply with applicable third-party terms, such as your wireless data service agreement, when using the app; and
(i) Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
Questions, complaints or claims about the app go to Clairitea at the contact details in Section 22.
16. Disclaimers
THE SERVICE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, CLAIRITEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT USER CONTENT IS TRUE, ACCURATE, COMPLETE OR ABOUT THE PERSON IT NAMES; THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; OR THAT USING THE SERVICE WILL KEEP YOU SAFE. CLAIRITEA DOES NOT RUN BACKGROUND OR IDENTITY CHECKS ON USERS OR ON THE PEOPLE POSTS ARE ABOUT, AND IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR OF ANY PERSON YOU READ ABOUT OR MEET. OUR SAFETY TOOLS DO NOT GUARANTEE YOUR SAFETY. YOU ARE RESPONSIBLE FOR YOUR OWN DECISIONS AND FOR YOUR INTERACTIONS WITH OTHER PEOPLE, ONLINE AND OFFLINE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
17. Limitation of liability
17.1. TO THE FULLEST EXTENT THE LAW ALLOWS, CLAIRITEA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR REPUTATION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN TOLD THAT THEY ARE POSSIBLE.
17.2. TO THE FULLEST EXTENT THE LAW ALLOWS, CLAIRITEA IS NOT LIABLE FOR USER CONTENT OR FOR THE CONDUCT OF ANY USER OR OTHER PERSON, ONLINE OR OFFLINE.
17.3. TO THE FULLEST EXTENT THE LAW ALLOWS, CLAIRITEA'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR CLAIRITEA PLUS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) US $100.
17.4. These limits apply to every theory of liability, including contract, tort (including negligence), strict liability and statute. They do not limit liability that cannot be limited by law, such as liability for gross negligence, fraud or willful misconduct where the law does not allow it to be limited.
17.5. Release. To the fullest extent the law allows, you release Clairitea and its officers, directors, employees, contractors and agents from all claims, demands and damages of every kind, known or unknown, that arise out of or relate to User Content posted by others, or to the conduct of other users or of the people that posts are about, including any dispute between you and any of them. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you live elsewhere, you waive any similar law to the same extent.
18. Indemnity
To the fullest extent the law allows, you will defend, indemnify and hold harmless Clairitea and its officers, directors, employees, contractors and agents from and against any claims, demands, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your use of the Service; (c) your breach of these Terms or the House Rules; (d) your violation of any law or of anyone else's rights; or (e) any dispute between you and another user or a person your User Content is about. We may take over the defense of any such claim at our own cost, and you will cooperate with us. You may not settle any such claim without our written consent.
19. Dispute resolution: binding individual arbitration and class action waiver
19.1. Try to resolve it first. Before starting an arbitration or a small claims case, you and Clairitea each agree to send the other a written notice describing the dispute, the relief sought, and the sender's name and contact details (for you, also the phone number or sign-in method on your account). Send notices to Clairitea at legal@clairitea.com. We will send notices to you through the app or to the contact details we have. For 60 days after the notice is received, both sides will try in good faith to resolve the dispute, including by a phone or video call if either side asks for one. Completing this step is a condition for starting an arbitration or small claims case. Any statute of limitations is paused during those 60 days.
19.2. Agreement to arbitrate. If the dispute is not resolved, you and Clairitea agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service or your relationship with Clairitea (a "Dispute"), including whether a Dispute must be arbitrated, will be resolved by final and binding individual arbitration, except as Section 19.3 provides. The arbitrator, not a court, decides all questions about the scope, validity, enforceability and arbitrability of this Section 19, except that a court decides questions about Sections 19.5 and 19.7.
19.3. Exceptions. Either side may: (a) bring an individual claim in small claims court if it qualifies and stays there; (b) ask a court for an injunction to stop infringement or misuse of intellectual property; and (c) bring any claim that the law does not allow to be arbitrated under a pre-dispute agreement. In particular, if your Dispute involves a sexual harassment or sexual assault dispute, you may choose to bring it in court as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 allows.
19.4. Rules and fees. National Arbitration and Mediation ("NAM") will administer the arbitration under its Comprehensive Dispute Resolution Rules and Procedures and, for Section 19.7, its Mass Filing Supplemental Dispute Resolution Rules and Procedures, in each case as in effect when the arbitration is filed and as modified by this Section 19. The rules are available at namadr.com. If NAM cannot or will not administer the arbitration, the parties will agree on another administrator, or a court will appoint one. Clairitea will pay all filing, administrative and arbitrator fees for an individual arbitration, except that if you start it, you pay a filing fee no greater than what you would pay to file in court. Each side pays its own attorneys' fees and costs unless the law or the arbitrator provides otherwise. We will not seek our attorneys' fees from you unless the arbitrator finds your claim frivolous or brought for an improper purpose.
19.5. Class action and jury waiver. YOU AND CLAIRITEA AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only to you individually and only to the extent needed to resolve your individual claim, and may not consolidate more than one person's claims except as Section 19.7 provides. YOU AND CLAIRITEA EACH WAIVE THE RIGHT TO A JURY TRIAL.
19.6. The hearing. The arbitration will take place in the county where you live or by video or phone conference, as you choose. If your claim is for $10,000 or less, it will be decided on written submissions unless you ask for a hearing or the arbitrator decides one is needed. The arbitrator applies the same law a court would and may award any individual relief a court could, and must give a written decision explaining the essential findings. Judgment on the award may be entered in any court with jurisdiction.
19.7. Mass filings. If 25 or more similar Disputes are brought against Clairitea, or by Clairitea, by or with the help of the same or coordinated counsel, they are "Mass Filings" and this process applies. First, counsel for each side selects 10 Disputes (20 in total) to proceed as test cases, each before its own arbitrator; the rest are not filed or are held, and no fees are owed for them while they wait. After the test cases are decided, the parties will attend one global mediation session, with Clairitea paying the mediator. If the remaining Disputes are not resolved, they proceed in batches of up to 50, with one arbitrator per batch, unless the parties agree otherwise. Statutes of limitations are paused for each Dispute while it waits. A court may enforce this Section 19.7 and decide any disagreement about whether it applies.
19.8. Public injunctive relief. If a court decides that the law does not allow you to waive a claim for public injunctive relief, that claim, and only that claim, will be decided by a court in the venue in Section 20, after all other claims have been arbitrated.
19.9. Your right to opt out. You may opt out of this Section 19 by sending notice within 30 days after you first accept these Terms. Email legal@clairitea.com with your name, the phone number or sign-in method on your account, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms or any earlier arbitration agreement with us.
19.10. Changes to this Section. If we make a material change to this Section 19, we will give you at least 30 days' notice. The change will not apply to any Dispute that you notified us about before the change took effect.
19.11. Severability. If any part of this Section 19 is found unenforceable, the rest remains in effect, except that if Section 19.5 is found unenforceable for a claim brought on a class, collective or representative basis, that claim will be decided in court and not in arbitration.
20. Governing law and venue
The Federal Arbitration Act governs Section 19. Otherwise, the laws of the State of Texas and applicable federal law govern these Terms, without regard to conflict-of-law rules. Any Dispute that is not arbitrated, and any action to enforce an arbitration award, will be brought only in the state or federal courts located in Travis County, Texas, and you and Clairitea consent to their personal jurisdiction and venue, except that you may bring a small claims case where you live.
21. Changes to these Terms
We may update these Terms, the House Rules or the other documents that are part of them. If a change is material, we will tell you in the app or by another reasonable method before it takes effect. For material changes to these Terms or the House Rules, you will be asked to accept the new version before you can post, comment or take other actions that change content. A material change to Section 17 or Section 19 applies to you only once you accept it. Other changes apply when they take effect, and using the Service after that means you accept them. If you do not agree, you must stop using the Service and may delete your account. Changes do not apply retroactively.
22. General terms
22.1. Entire agreement. These Terms, including the documents they incorporate, are the whole agreement between you and Clairitea about the Service and replace any earlier agreement about it.
22.2. Assignment. You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law.
22.3. Severability and waiver. If a court or arbitrator finds any provision unenforceable, that provision is limited to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver of it.
22.4. Events beyond our control. We are not liable for any delay or failure caused by events beyond our reasonable control.
22.5. Export and sanctions. You will comply with U.S. export control and sanctions laws when you use the Service.
22.6. Notices. We may send you notices through the app, by push notification, or to any contact details we have. You may send notices to legal@clairitea.com.
22.7. Electronic communications. You agree to receive agreements, notices, receipts and other communications from us electronically, and that they satisfy any legal requirement that they be in writing. Tapping or clicking to accept is your electronic signature.
22.8. Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and Clairitea. Except for Apple under Section 15.2, nobody else has rights under these Terms.
22.9. California users. Under California Civil Code § 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be reached in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
22.10. Contact. General support and billing: support@clairitea.com. Safety and posts about you: safety@clairitea.com. Legal notices, court orders and legal process: legal@clairitea.com.