Terms and Conditions

Bclear Terms of Use

Last updated: November 11, 2024

These Terms of Use (“Terms”) govern your use of our website and Services. By accessing the Service, you acknowledge that you have read and understand these Terms, and that you agree to be bound by them. If you do not agree with these Terms, do not use our Services.

1. Content

1. All content, information and other materials available through our Services, including our trademarks and logos, the Survey, visual interfaces, images, software, services, text, data, or audio or video clips that we make available as part of our Services, and the selection and arrangement thereof (collectively, the “Content”) are protected by applicable intellectual property, copyright and proprietary rights and laws. All of the Content is the property of ours, our affiliates or our licensors. We reserve all rights not expressly granted in these Terms.

2. As long as you continue to comply with these Terms, we grant you a limited, personal, revocable, non-exclusive, and non-transferable permission to use the Content solely to enable you to complete the Survey. We can terminate the license granted herein at any time, without notice, including where we consider that your use of our Services breaches these Terms.

3. WE PROVIDE CONTENT AND SERVICES “AS-IS” “WITH ALL FAULTS”, “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. You agree to defend and indemnify us and our affiliates, business partners and personnel from and against any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of our Services or the Content, or any breach by you of these Terms.

2. Prohibited Conduct

1. You shall not use or allow the use of our Services for: (1) any illegal, unlawful, fraudulent or malicious purpose or activity; (2) activities that we deem improper for any reason whatsoever in our sole discretion; or (3) the purpose, even if it is not one of the main purposes, of building a survey or service that has substantially the same purpose of the Survey or Services to assist another person in building such a survey or service.

2. You shall not and shall not attempt to:

1. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
2. Use our Services to upload, store, transmit or disseminate any material which:

1. could violate any applicable law including copyright or other intellectual property rights;
2. contains a virus, worm, Trojan horse, or other harmful or disruptive component;

3. Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of our Services;
4. Probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services, monitor data or traffic on our Services, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services, such as a denial of service attack.

3. Termination

‍To the fullest extent permitted by applicable law, we reserve the right to deny you access to our Services and to terminate this agreement at any time for any reason, including where we consider that your use of our Services breaches these Terms or applicable law, you fraudulently use or misuse our Services, or we are unable to continue providing our Services due to technical or legitimate business reasons. Any such termination by us will be effective even if we do not provide you with notice of the termination.

4. Governing Law and Jurisdiction

‍To the fullest extent permitted by applicable law, you agree that these Terms will be construed and enforced in accordance with the statutes and laws of the State of New York, without regard to its choice of laws principles, and any action to enforce these Terms will be brought exclusively in the federal or state courts presiding in the State of New York, to whose jurisdiction you expressly agree to submit. Notwithstanding the above, you agree that we may instigate proceedings for equitable relief in any court of competent jurisdiction.

5. Miscellaneous

1. We reserve the right to make amendments to these Terms at any time at our sole discretion where permitted by applicable law. Your continued use of our Services after being notified of such amendments signifies your consent to the amended Terms. If you do not agree to the amended Terms, please do not use our Services.
2. We reserve the right to assign these Terms to another party without notice to you, to the extent permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or obligations under these Terms to any third party without our prior written consent. Any attempted sublicense, assignment, transfer or delegation in violation of this article shall be void.
3. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
4. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
5. All words used in these Terms are to be construed to be of such gender or number as the circumstances require. The words “including,” “includes” or “include” are to be read as listing non-exclusive examples of the matters referred to, whether or not words such as “without limitation” or “but not limited to” are used in each instance.
6. You agree that Articles 1 to 4 shall survive any termination of this agreement or your access to our Services.
7. Bclear can be reached at contact@bclearhc.com.