Privacy

Terms of Service

1. Introduction and Ownership

1.1 By accessing the website at http://cleverly.ai, or by downloading and installing the app “Cleverly” (the “App”), available in CRM and Help Desk platforms, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site or the App.

1.2 This website and the App are owned by Cleverly Lda., a Portuguese “Sociedade por Quotas”, with address at Calçada do Lavra, no. 22, 2.º floor, 1150-209 Lisbon, Portugal, registered with the Lisbon Commercial Registry with the number 515089320, with a share capital of 20,000.00€ (“Cleverly”).

2. User License for the App

2.1 The use and enjoyment of the functionalities of the App is subject to commercial conditions to be agreed upon with Cleverly. The absence of such agreement prevents such use and enjoyment, and any attempt to circumvent that will be deemed an infringement of Cleverly’s intellectual property rights.

2.2 By downloading and installing the App, and only following agreement with Cleverly on commercial conditions, you are granted a worldwide, non-exclusive, non-transferrable, non-sublicensable, license, for the use of the App, for as long as you keep using the App.

2.3 The use of the App shall be restricted to the use of its object code form for the purpose of processing your data in the course of your normal business purposes (which shall not include allowing the use of the App by, or for the benefit of, any person other than an employee or agent of yours).

2.4 You may not use the App other than as specified herein without the prior written consent of Cleverly, and you acknowledge that additional fees may be payable on any change of use approved by Cleverly.

2.5 You retain no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the App in whole or in part. If any reduction of the App to human readable form (whether by reverse engineering, decompilation or disassembly) is necessary for the purposes of integrating the operation of the App with the operation of other software or systems used by you, only Cleverly may, to the extent it is technically feasible, carry out such action, at a reasonable commercial fee, unless otherwise agreed in writing.

2.6 Any modification made by Cleverly to the App as a result of your specific needs or requests is covered under this License and shall be treated as an original part of the App, being therefore fully protected by Cleverly’s intellectual property rights.

2.7 You shall:
Ensure that only authorized personnel use the App.
keep a complete and accurate record of all of your copies and disclosure of the App and its users, and produce such record to Cleverly on request from time to time.
notify Cleverly as soon as it becomes aware of any unauthorized use of the Product by any person.
pay, for any unauthorized use, the amount agreed with Cleverly for the use of the App had it licensed any such unauthorized use on the date when such use commenced.

2.8 You shall not, without the prior written consent of Cleverly:

sub-license, assign or novate the benefit or burden of this License in whole or in part;
allow the App to become the subject of any charge, lien or encumbrance; and
deal in any other manner with any or all of its rights and obligations under this Agreement,

2.9 Cleverly may at any time license, assign, novate, charge or deal in any other manner with any or all of its rights and obligations under this License.

2.10 YOU SHALL INDEMNIFY AND HOLD CLEVERLY HARMLESS AGAINST ANY LOSS OR DAMAGE WHICH IT MAY SUFFER OR INCUR AS A RESULT OF YOUR BREACH OF ANY TERMS AND CONDITIONS AGREED WITH ANY THE THIRD-PARTY SOFTWARE PROVIDERS USED IN CONJUNCTION WITH THE APP.

3. Disclaimer

3.1 The materials on Cleverly’s website and the App are provided on an ‘as is’ basis. Cleverly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

3.2 Further, Cleverly does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or the App.

4. Limitations

Some jurisdictions limit the ability to disclaim liability. With regard to those jurisdictions, Cleverly’s liability shall be limited to the greatest extent permitted by applicable law.

4.1 General liability. Cleverly shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether such losses or damages are suffered directly or indirectly or are immediate or consequential.

4.2 Cleverly individuals. No Cleverly individual (including employees, contractors, directors, management members and other collaborators) shall have any liability based upon customer’s use of, or reliance upon, this website or the products purchased.

4.3 Customer decisions. For the avoidance of doubt, Cleverly is not responsible for any decision you make, or action you take, based on your visit to the Website or the information obtained therein.

4.4 Accuracy of information. Cleverly shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

4.5 Viruses. Cleverly accepts no responsibility whatsoever for viruses, malware or other malicious or damaging software contained in the Website or otherwise. Please ensure that your own computer security is comprehensive and up to date before you access the Website.

4.6 Third-party content. This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Cleverly does not control these third-party websites and does not accept any responsibility whatsoever for third-party sites available through this Website, via hyperlink or otherwise, nor their respective contents, hyperlinks or security flaws. Cleverly encourages any Customer to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at Customer’s own risk.

5. Accuracy of materials

The materials appearing on Cleverly website could include technical, typographical, or photographic errors. Cleverly does not warrant that any of the materials on its website are accurate, complete or current. Cleverly may make changes to the materials contained on its website at any time without notice. However Cleverly does not make any commitment to update the materials.

6. Data Protection

Cleverly takes the privacy and protection of the personal data of its customers very seriously.

Customers shall visit and review our Privacy Policy to know more about how Cleverly processes and protects their data and shall not proceed with using the Website if it does not agree and consent with it.

7. Intellectual Property

You acknowledge and agree that all intellectual property rights in the App and in any updates, modifications, adaptations and/or patches to the App created before, during and/or after its download and installation, as well as in any derivative or related works developed by Cleverly during that time, belong and shall belong to Cleverly, and you shall have no rights over those other than the right to use them in accordance with the terms of the License contained in this Terms of Service.

Cleverly reserves all rights with respect to the design and content of this website. In particular, a customer must not misappropriate the design or content of this website and must not alter or deface such design or content in any way. Nothing on this website grants any license with respect to such design or content and any use by the customer or a third-party must be authorized in writing by Cleverly.

All text, photos, graphics, logos, content and other materials on this website (including, but not limited to, the words “Cleverly”, the “Cleverly” logo and other related and ancillary elements) are protected by copyright, trademark and other applicable laws in the several jurisdictions where we act. In particular, all trademarks, trade names and logos displayed on this website are proprietary to Cleverly.

This website grants no license to use any such text, photos, graphics, logos, content and other materials.

Cleverly and its affiliates will pursue all available legal remedies against any infringement of its intellectual property rights.

8. Modifications

Cleverly may revise these terms of service for its website at any time without notice. By using this website and/or the App, you are agreeing to be bound by the then current version of these terms of service.

9. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Portugal and you irrevocably submit to the exclusive jurisdiction of the courts in Lisbon.