Clarity Go: Terms of Use

General Terms

Clarity Go

Clarity Go is a trading division of Touch Systems Ltd, an ISO registered software manufacturer established in 1989 and registered in England. The Clarity Go software product and all copyrights thereof belong to Clarity Go, Clarity Software and Touch Systems Ltd.

Any attempts to replicate, copy or compromise the Clarity Go product or its authors is strictly prohibited and will be met with the appropriate legal action.

Data Ownership & Availability

The data imported by the account holder into Clarity Go remains the property of the account holder at all times. Clarity Go reserves the right to archive information for data protection, security, legal and anti-spam purposes. Clarity Go will not use or share this information to any third party.

Clarity Go reserves the right to remove the software from the internet or withdraw the software at any time. In the event of withdrawal, the account holder's contact data held within will be made available and will be provided to the account holder within 7 days of withdrawal.

Software Upgrades

Clarity Go reserves the right to upgrade the software at any time. However, wherever possible, any scheduled maintenance will take place between 07:00 and 09:00 hours every Sunday morning to minimise the effect on peak usage periods.

In the event of an emergency, essential maintenance may need to take place instantly which could involve a period of downtime, which Clarity Go reserves the right to carry out. The Terms of Use remain in force irrespective of the version of software Clarity Go makes live for your use.

Enhancement Suggestions and Potential Issues

In a bid to constantly improve the service we provide to you, Clarity Go welcomes suggestions for enhancements and notifications of potential usage issues from our users.

Issues which prohibit you from using the system in a reasonable manner will be seen as a priority and will be fixed as quickly as technically possible. Suggestions for enhancements will be logged and discussed.

All issues and suggestions received are logged in our internal system with a unique reference number allocated to them. To submit a suggestion or issue send an email containing a detailed description of it to suggestions@clarity-marketing.com

Free Trial Period

The Clarity Go product is available to use free of charge for the period of time displayed to you where and when you subscribe to the system. The number of contacts and published message sends permitted are restricted to the amounts shown to you at this time. You will not be able to export any data from your account during this period.

At the end of the designated trial period, if you have not upgraded your account then you will not be able to publish any more messages, import any more contacts or export any data, but you will be able to access your account and utilise the functionality for a limited time decided by Clarity Go. You will be able to upgrade your account at any time during this period.

Users will be able to register one domain and one email address from that domain to use for publishing and receiving messages. Any email addresses that are not from the corresponding domain will not be accepted. All trial accounts must be verified and activated via a link on an email which will be sent out to the registered address for security.

Standard help and support will be available to free trial users throughout the trial period. All contact and message activity may be monitored by our team to aid your learning and encourage best practice in usage. Any misuse or violation of our Anti-Spam Policy during this and any subsequent period is strictly prohibited and appropriate action will be taken where necessary.

Either party can terminate this agreement at any time for any reason they see fit and reasonable respecting the conditions within the Terms of Use.

Our Anti-Spam Policy

Clarity Go provides permission-based (opt-in) marketing software to help users email and communicate with their target audiences.

Spamming, or the sending of unsolicited emails, is strictly prohibited in accordance with anti-spam regulations and senders' accounts will be monitored by our anti-spam team for misuse or ignorance. By agreeing to these Terms of Use you confirm that you adhere to our Anti-Spam policy at all times.

Any abuse will be identified by our anti-spam team and the account of the sender will be immediately frozen and potentially de-activated permanently, pending appropriate investigation.

Any complaints received by Clarity Go from recipients will similarly mean the sender's account will be immediately frozen and potentially de-activated permanently, pending appropriate investigation.

Please report any potential complaints or abuse immediately to complaints@clarity-marketing.com

What is Spam Email

The Technical Definition

Technically, an electronic message is spam or UCE (Unsolicited Commercial Email) if:
  1. The recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients
  2. The recipient has not verifiably granted deliberate, explicit and still-revocable permission for it to be sent

An Explanation

'It's not about content, it's about consent'

The word 'spam' as applied to email in particular means 'unsolicited bulk email'. The definition of a 'spam' email is therefore based on two key factors being present:
  1. The recipient has not granted permission for the email message to be sent to them
  2. The email message received is part of a larger collection of email messages, all having substantively identical content

However, it is important to remember that a spam email is a combination of both of these factors, not just one or the other.

For example, a bulk email is acceptable when sending a monthly newsletter to a list of opt-in subscribers, and an unsolicited email is acceptable when it is a single first contact sales enquiry or job enquiry to a specific company.

Spam Laws

There are various laws across world governing the fight against spam and ensuring electronic commercial communications continue to bring positive benefits to businesses.

Information on these laws can be found on the Spam Laws website at www.spamlaws.com

Usage Policy

As a user of Clarity Go you are bound by our Anti-Spam Policy and will use the software ethically. We have strict limitations on importing contact data and publishing messages to them. These include, but are not limited to:

If you have any questions relating to data, importing, anti-spam or general data protection laws then please contact our support team at support@clarity-marketing.com. Alternatively, you can visit www.spamhaus.org

Licensing

The user licence for Clarity Go is based on a 'per domain' basis and belongs to the account holder only. This entitles the user to enter one URL domain per account which must correspond to the email address originally registered, either within the trial period or on full account activation.

Up to 6 additional email addresses for the registered domain may be added once a full paying account has been activated. These will be verified via an email link activation process to the registered addresses and will allow users to select different addresses to use for beneficial purposes including Reply To or Send From.

Clarity Go holds the right to terminate the user's licence at any time if any misuse or breach of the Terms of Use herein is identified.

Obscene Content and Site Misuse

Clarity Go trusts its customers to use its software in good faith and for legal and ethical purposes only. If any abuse of this trust becomes evident then Clarity Go reserves the right to freeze or terminate an account immediately. If an account holder wishes to challenge this decision then an application must be made in writing to support@clarity-marketing.com

Account holders and users must not:

Cross-Subscription

By having a contact subscribed to your list does not entitle you to send or publish unrelated information to them. Recipients opt in to receiving information for a specific purpose, product, service or experience only.

Within the Clarity Go system, functionality is available to categorise your messages into Message Types, allowing you to give the recipient the required options to unsubscribe or subscribe to specific kinds of messages or content.

This functionality manages unintentional cross-subscription, encouraging best practice, and must be used accordingly. Any misuse or negligence relating to cross-subscription will be investigated under our Anti-Spam Policy.

Email Clients and Web Browsers

Messages published from the Clarity Go system are regularly tested for reproduction quality across multiple email clients and browsers including Microsoft Outlook, Gmail, Hotmail, Google Chrome, Internet Explorer, Mozilla Firefox and others.

However, due to the varying technical features of each program Clarity Go cannot guarantee that an exact reproduction of your message will appear in every client or browser and is not liable for any variance of reproduction.

Clarity Go strongly recommends that users take advantage of the test functionality within the software to trial messages across these programs and achieve optimum results with your campaigns.

Delivery Times

Every effort is made for messages to be published from Clarity Go arrive with recipients as quickly as possible. Our systems have been designed to carry heavy internet traffic and deliver multiple messages within minutes, but recipients' servers or systems may delay the receipt of messages due to firewall or other security restrictions acting within their infrastructure.

Clarity Go accepts no liability for any delay in delivery which is influenced by recipients' systems or security measures of this kind.

Account Security

Users can access their account by using their email address and a personally chosen password. Clarity Go has no visibility of the password you select for your account. If you have any inclination that your security may have been compromised please click the Forgotten Password link, or contact us immediately using support@clarity-marketing.com or calling +44 (0)121 248 2448.

Complaint Handling

Clarity Go has been designed to enable users to publish targeted individual and bulk messages to opt-in audiences. Our Anti-Spam Policy is strict and must be adhered to at all times.

If we receive a complaint from a recipient for spam your account will be immediately frozen pending investigation. This will include but is not limited to:


After investigation a decision will be made to either reinstate the account holder or terminate the account permanently.

Mistaken Complaints

Users may make a challenge for spam which, after investigation of the evidence, proves to be unsubstantiated. In these instances we would notify the sender and the recipient of the date and time of the subscription to the list and offer a link for the recipient to unsubscribe from it.

Clarity Go may offer suggestions and solutions to the subscription process that the sender is using to reduce the possibility of similar events occurring in the future.

Legal Proceedings & Liability

If any subsequent civil legal action is taken by the recipient against the sender then Clarity Go may be required to submit evidence from its archives, which it holds the right to do at any time. This evidence will be presented to the relevant bodies under formal court order circumstances only and must be received via accredited legal representation.

Clarity Go and Touch Systems Ltd accepts no liability for any proceedings relating to civil action between senders and recipients. All legal, administration, research, delivery and potential court appearance costs will be chargeable to the prosecutor. For more detailed procedural information and costs contact support@clarity-marketing.com

Communications from Clarity Go

On subscribing to activate the Clarity Go product either for free trial or for paid usage, you consent to receiving electronic and non-electronic information relating to the Clarity Go product from Clarity Go, Clarity Software and Touch Systems Ltd, by means including but not limited to:


These communications can be for various purposes that include but are not limited to:

Under Anti-Spam regulations your data will not be shared, sold or abused in any way. If you feel you have been sent any information without permission then please notify us immediately by contacting support@clarity-marketing.com. You can opt out of receiving on or all of these notifications at any time.

Automated Website Login and Cookies

When you visit the Clarity Go website and sign in you have the option to tick the Remember Me button and enable you to be signed in every time you visit our site. Enabling this feature will simplify the signing in process but you have full control over it.

Clarity Go may choose to send and store cookie files on your computer from time to time, which are placed there by your web browser. These are deployed with the intention to improve your experience with us and make using the Clarity Go product as easy as possible.

Unless you specifically subscribe to a feature or action from Clarity Go then you will remain anonymous to us. Cookies cannot identify you to us by themselves.

Referencing of Customers

Users of Clarity Go agree to and acknowledge that they may be identified as a customer of Clarity Go and may be mentioned for marketing purposes including on the website, in advertising, on promotional materials and shared socially across the internet.

Usage of customer logos, trademarks or service marks will be done so in accordance with the appropriate usage guidelines documented by the customer.

Ownership and Use of Intellectual Property Rights

The account holder acknowledges and Clarity Go warrants that:

Clarity Go indemnifies the account holder for any breach of the warranties contained in the above two clauses.

Clarity Go hereby grants to the account holder a personal, non-exclusive and non-transferable licence to Use the Intellectual Property and/or Materials for the duration of these Terms strictly in accordance with this Terms of Use document only.

If the account holder notices or encounters any attempt to replicate or use the Clarity Go name, brand or brand style it shall inform Clarity Go immediately in writing.

The account holder shall not be entitled to use the Intellectual Property and/or Materials for any other purpose than the Use, including, without limitation, that the account holder shall have no right to copy, translate, reproduce, adapt, reverse engineer, decompile, disassemble, create derivate works, modify, sell, rent, lease, transfer, assign, sub-licence, make any representations, warranties or guarantees with regard to the Intellectual Property and/or Materials in whole or part except as permitted by law, and the account holder acknowledges that the Materials will not be treated as goods within the meaning of the Sale of Goods Act 1979.

The account holder shall only Use the Intellectual Property and/or Materials or any Clarity Go branding in the form stipulated by Clarity Go from time to time and shall observe all directions given by Clarity Go as to colours and size and representations of the Trade Mark and branding and their manner and disposition on the account holder's products, packaging, labels, wrappers and any accompanying leaflets, brochures or other materials.

Clarity Go shall have the conduct of all proceedings relating to the Intellectual Property and/or Materials and shall in its sole discretion decide what action if any to take in respect of any infringement or alleged infringement of the Intellectual Property or passing off or any other claim or counterclaim brought or threatened in respect of the use or registration of the Intellectual Property. The account holder shall not be entitled to bring any action relating to the Intellectual Property in its own name but shall reasonably assist Clarity Go upon Clarity Go's reasonable request.

Service & Support Agreement Terms

  1. CONTRACT TERMS This monthly rolling service agreement applies to the services detailed within this Terms of Use document only.
  2. AVAILABILITY This service is only available to individuals and businesses that can form legally binding contracts.
  3. ACTIVATION Registration and activation of your system will occur only when the Sign Up form on the Clarity Go website is completed either by yourself or by a Clarity Go, Clarity Software or Touch Systems Ltd employee acting under your strict approval. You hereby agree to provide true and accurate information when requested, with Clarity Go reserving the right to refuse a registration or cancel an account if it deems it to be inappropriate.
  4. PAYMENT On activating a paid account, payment will be taken via credit or debit card for the month in advance and will automatically be taken from this card for the subsequent months thereafter on a rolling basis. The amount taken will depend on the tariff chosen on activation plus any additional purchases, which may either be added to the monthly renewal or taken as a one-off payment, depending on the terms of the product selected. Clarity Go reserves the right to change the tariffs from time to time.
  5. DEFAULTING PAYMENT If a monthly payment attempt made by Clarity Go is unsuccessful then a request will be made to the account holder via email or telephone for payment. If a credit card has expired or is allowed to expire without notification to Clarity Go this does not act as a submission of a 30-day notice for termination and account fees will continue to be accrued. We reserve the right to refer accounts to relevant legal authorities for debt collection if the account isn't settled within 90 days. Clarity Go reserves the right to freeze the account at any time during this period.
  6. ACCOUNT STATUS ON COMPLAINTS If your account is terminated due to a recipient complaint for spam or general content abuse then no funds will be refunded regardless of whether funds have been debited in advance.
  7. CANCELLATION If you wish to cancel your account then you must notify us in via the link in your Account section of the software or by emailing accounts@clarity-marketing.com submitting a minimum of 30 days' notice (one contract month). Notice should be given prior to monthly renewal to enable a final paid period of 30 days to elapse. We will log your 30 days' notice period request on the working day that we receive your cancellation and the contract will end after the final 30-day contract month has concluded. At this point Clarity Go reserves the right to terminate the account indefinitely.
  8. INVOICING VAT invoices will be raised automatically at monthly renewal and placed in your Account area for retrieval. A notification email will be sent out containing a link to your invoice upon its raising. Any account queries must be directed in writing to accounts@touchsystems.co.uk
  9. CUSTOMER SERVICE Users will receive help, education and advice from Clarity Go at regular intervals. These will often by via email or on-screen notification within the product. If you have a general help issue which you wish to discuss please contact support@clarity-marketing.com or call our UK office on +44 (0)121 248 2448. Office hours are 8.30am - 5.30pm Monday to Thursday and 8.30am - 3pm on Friday GMT (London). Clarity Go will aim to respond to your queries as soon as possible.
  10. DATA BACKUP & RESPONSIBILITY Clarity Go will back up the Clarity Go system database and its incumbent data at regular intervals but holds no liability or responsibility for client data in the event of loss, disruption or damage to it. Account holders shall remain entirely responsible for their own data and any backing up of it at all times.

Force Majeure

Neither party shall be responsible to the other in circumstances where some or all of the obligations (except for the obligation for the payment of Charges) under these Terms of Use cannot be performed due to circumstances outside the reasonable control of the defaulting party including, without limitation, an Act of God, change in legislation, fire, explosion, flood, accident, strike, lockout or other industrial dispute, war, terrorist act, riot, civil commotion, failure of public power supplies, third party hacking, viruses, trojans, worms, logic bombs or other material attacking the Clarity Go product or website, a denial-of-service attack, a distributed or malicious denial-of service attack, failure of communication facilities, unavailability of internet default of suppliers or sub-contractors, or the inability to secure computer processing facilities (including those of the necessary quality or security), obtain materials or supplies and, in all cases, the inability to do so except at increased prices (whether or not due to such causes).

However, if such circumstances persist for more than 14 days, the non-defaulting party may terminate these Terms of Use and all charges due to Clarity Go up to the date of termination shall become immediately due and payable.



© 2011 Clarity Go & Touch Systems Ltd. All Rights Reserved.
Clarity Go, 7 The Pavilions, Cranmore Drive, Solihull, B90 4SB, UK
Tel: +44 (0)121 248 2448 Fax: +44 (0)121 746 2528 Email: sales@clarity-marketing.com