ClearEvent Inc. – Terms of Service
1. General Terms
These Terms of Service are a contract between you and ClearEvent Inc. (referred to in these Terms of Service as "ClearEvent", "us", "we" or "our"), the provider of the ClearEvent event management platform and the services accessible from the ClearEvent website (which are collectively referred to in these Terms of Service as the "ClearEvent Application").
You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the ClearEvent Application. In these Terms of Service, "you" refers both to you as an individual event organizer and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You may not use the ClearEvent Application for any illegal or unauthorized purpose nor may you, in the use of the ClearEvent Application, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the ClearEvent Application, use of the ClearEvent Application, or access to the ClearEvent Application without the express written permission by ClearEvent.
Questions about the Terms of Service should be sent to firstname.lastname@example.org
You understand that your Event information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
2. Your Account
Eligibility: Your account must be registered by a human. Accounts registered by "bots" or other automated methods are not permitted. Additionally, you must be 13 years of age or older to use the ClearEvent system.
Registration Information: You must provide a valid permanent email address, along with any other information required by ClearEvent during the registration process.
Restrictions: You may not use the ClearEvent Application for any illegal or unauthorized purpose. You must not, in the use of the ClearEvent Application, violate any laws in your jurisdiction, including, among other things, by:
- Distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
- Covering or obscuring any notice, legend, warning or banner contained on the ClearEvent Application;
- Interfering with or circumventing any security feature of the ClearEvent Application or any feature that restricts or enforces limitations on use of or access to the ClearEvent Application;
- Infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
- Being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by ClearEvent in its sole discretion; or
- Deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.
System Availability: The ClearEvent site is run as a web farm with multiple web servers to ensure maximum uptime of the site. In the case of a disaster, the environment can be restored from regularly scheduled site backups. All data is automatically backed up on a regular basis. A number of rolling backups are kept which allows us to do point in time restores if needed.
ClearEvent commits to extremely high availability of the ClearEvent platform. For event licenses paired with Premium Tier Support, ClearEvent commits to 99.9% up-time, excluding scheduled maintenance windows.
Account usage limits: There are presently no limits on the number of users, storage, or transaction volumes. Should ClearEvent introduce features that allow the uploading of large objects such as pictures and video, limits may apply and any such limits will be posted and communicated to users.
Sharing licenses: Customers may distribute event license(s) they have purchased to other ClearEvent Account holders. The license owner (a.k.a. Organizational Admin) is provided controls in ClearEvent to share and revoke licenses with whomever they choose. Users making use of shared licenses are subject to ClearEvent terms of service.
ClearEvent Technical support is on duty 9:00am – 6:00pm EST, Mon-Fri. ClearEvent support documentation is available 24x7 at http://help.clearevent.com/. Customers can alert ClearEvent to support items via ClearEvent’s support ticketing system. ClearEvent aims to respond within one(1) business day and will prioritize any support issues related to service availability.
3. Payments for ClearEvent Subscription Plans
Subscription to a ClearEvent plans activates an event license for a single event, unless otherwise stated in the ClearEvent plan.
A valid credit card is required for paying accounts unless your organization subscribes to a ClearEvent Enterprise Plan, in which case payment by cheque is acceptable. Customers paying by credit card start their plan immediately after their payment for the plan is processed.
For customers paying via invoice, ClearEvent uses a license provisioning process wherein the customer advises ClearEvent as to the start date for the group of purchased licenses. Event participants can access the participant portal and are not required provide a credit card number to ensure access.
Your subscription to the ClearEvent Application is billed in advance in accordance with our pricing schedule. If you are unhappy with the ClearEvent Application for any reason and choose to cancel, there will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
You agree to pay for any taxes that may be applicable to your use of the ClearEvent Application or payments made by you in connection with your use of the ClearEvent Application.
It is ClearEvent’s objective to resolve payment matters quickly should they arise. Should a customer fall into arrears, ClearEvent will suspend the account and hold the data for ninety (90) days to allow sufficient time to resolve any possible payment issues. ClearEvent will notify the customer in advance prior to suspending their account.
After such time has elapsed and if the arrears cannot be resolved, or the customer cannot be contacted or is unresponsive, customer data may be purged from our system. ClearEvent will support data retrieval by the customer through the end of the payment resolution process.
4. Early Access to ClearEvent Features or Services
The ClearEvent platform is provided as a Software as a Service (SaaS) offering. SaaS applications have the key advantage that enhancements and new features may be rolled out regularly, without the need for re-installation for the customer. Effectively, a SaaS application is always up to date.
ClearEvent will periodically release new features and improvements to the ClearEvent Platform. Except for critical items such as security fixes, enhancements to the platform will generally be previewed with beta customers and then released following a testing and comment period. Customers will be notified of changes to the platform on release of the new or changed functionality. Customers wishing to receive advance notice of new features, or wishing to preview new features, should request registration in ClearEvent’s Beta program by contacting ClearEvent at email@example.com.
From time to time we may invite you to try, at no charge, our products or services that are not generally available to our customers ("Non-GA ClearEvent Services"). You may accept or decline any such trial in your sole discretion. Any Non-GA ClearEvent Services will be clearly designated as beta, pilot, preview, limited release, developer preview, non-production or by a similar description. Non-GA ClearEvent Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. Non-GA ClearEvent Services are not considered part of the "ClearEvent Application" hereunder and are provided "AS IS" with no express or implied warranty. We may change or discontinue Non-GA ClearEvent Services at any time in our sole discretion and may never make them generally available.
5. Payment Processing Service
The ClearEvent Payments Processing service (“Payment Service”) helps you accept and process credit card from your event participants in exchange for participation in your event, admission tickets, and other products or services you may sell as a part of your event. Stripe provides the payment processing to you on behalf of ClearEvent. Neither ClearEvent nor Stripe is a bank or a money services business (“MSB”) nor do they offer banking or MSB services as defined by the United States Department of Treasury, or the Financial Transactions Reports Analysis Centre of Canada or any provincial financial services regulator.
It is the sole responsibility of customers using this service to ensure that any goods or services offered as part of the event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described are delivered in a satisfactory manner.
You will be required to register for a Stripe account in order to use the Payment Service and agree to their Terms of Service to use Stripe (https://stripe.com/terms).
ClearEvent complies with Payment Card Industry Data Security Standards (PCI DSS). ClearEvent is currently rated as PCI SAQ A, all cardholder data processing functions are outsourced to Stripe (https://stripe.com). Stripe has been audited by a PCI-certified auditor, and has in turn been certified as a PCI Level 1 Service Provider, the most stringent level of certification available.
It is your responsibility to determine what, if any, taxes apply to the sale of your event registrations, tickets, and other products or services, and any other payments you receive in connection with your use of the Payment Service (“Taxes”). It is solely your responsibility to assess, collect, report, and remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we may be required to make certain reports to tax authorities regarding transactions that we process.
7. ClearEvent Application Service Charges
You agree to pay the ClearEvent Application Service Charges/Transaction Fees (“Fees”) assessed by ClearEvent to you for providing the Payment Service described in this Agreement. These fees will be calculated pursuant to the Fee Schedule linked to here fee schedule and incorporated into this Agreement by reference. We reserve the right to revise our Fee schedule at any time, subject to a thirty (30) day notice period to you.
ClearEvent and Stripe maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding you and your event participants that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your event participants at your own risk.
Each organization is treated as their own SaaS tenant. We have implemented our own Organization Based Security (OBS) which acts as an independent layer to ensure that data is properly isolated. Security is controlled through the event admin and organization admin roles.
All full time software developers and testers are evaluated and educated on general security practices such as OWASP (https://www.owasp.org/index.php/Main_Page). ClearEvent team-members are trained on common issues such as SQL injection prevention, cross site scripting (XSS) vulnerabilities, cross site request forgery attacks (CSRF), etc. Code reviews are performed to ensure proper security practices are followed.
In the event that ClearEvent determines or is notified that customer data has been breached, we will notify the customer(s) as quickly as possible to enable the appropriate protective/corrective actions to be taken by the customer. ClearEvent will also take appropriate measures to block access and secure customer data in the event of such unauthorized access.
ClearEvent is hosted in a major commercial cloud computing platform and infrastructure purpose built for building, deploying, and managing applications and services.
- Physical Security: A system cannot be more secure than the physical platform on which it runs. ClearEvent works closely with our hosting partner to ensure acceptable physical security for ClearEvent customers. Our Hosting Provider runs in geographically distributed facilities. Each facility is designed to run 24 x 7 and employs various measures to help protect operations from power failure, physical intrusion, and network outages. These data centers comply with industry standards for physical security and reliability and they are managed, monitored, and administered by our Hosting Partners operations personnel. They are designed for “lights out” operation.
- Facilities Access: Our Hosting Provider uses industry standard access mechanisms to protect its physical infrastructure and datacenter facilities. Access is limited to a very small number of operations personnel, who must regularly change their administrative access credentials. Datacenter access, and the authority to approve data center access, is controlled by our Hosting Partners operations personnel in alignment with local data center security practices.
- Identity and access management – Only authorized users can access the environment. This is managed through a combination of infrastructure access controls and other security measures to prevent unauthorized access.
- Encryption - The infrastructure uses industry-standard protocols to encrypt data as it travels between devices and datacenters, and crosses within datacenters. The entire ClearEvent site (content and web services) is encrypted using TLS 1.2 using a SHA 256 certificate from DigiCert Inc. All user passwords are stored in the database using Hash-based Message Authentication Code (HMAC) SHA-256 encryption.
- Secure networks - The infrastructure relies on security practices and technologies to connect virtual machines to each other and to on-premises datacenters, while blocking unauthorized traffic.
- Threat management – The infrastructure deploys anti-malware to protects services and virtual machines. It also uses intrusion detection, denial-of-service (DDoS) attack prevention, penetration testing, data analytics, and machine learning to constantly strengthen its defense and reduce risks.
- Power Redundancy and Failover: Each datacenter facility has a minimum of two sources of electrical power, including a power generation capability for extended off-grid operation. Environmental controls are self-contained and remain operational as long as the facility and contained systems remain online. Physical security controls are designed to “fail closed” during power outages or other environmental incidents. In case of fire or situations that could threaten life safety, the facilities are designed to allow egress without remaining exposed.
- Media Disposal: Upon systems end-of-life, our Hosting Partner’s operational personnel follow rigorous data handling procedures and hardware disposal processes.
- Compliance – Our infrastructure complies with both international and industry-specific compliance standards and participate in rigorous third-party audits, which verify their security controls.
9. Suspicion of Unathorized or Illegal Use
We reserve the right to not authorize or settle any transaction submitted which we believe is in violation of this Agreement, any other ClearEvent or Stripe agreement, or exposes you, other ClearEvent users, ClearEvent or Stripe to harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your Stripe Service Account if we reasonably suspect that your Service Account has been used for an unauthorized, illegal, or criminal purpose.
10. Payment Network Rules
The Payment Networks have established guidelines, bylaws, rules, and regulations (“Payment Network Rules”). You are required to comply with all applicable Payment Network Rules that are applicable to merchants. You can review portions of the Payment Network rules at Visa and MasterCard and American Express (English or French). The Payment Networks reserve the right to amend the Payment Network Rules. Stripe, acting on behalf of ClearEvent, reserves the right to amend the Agreement at any time with notice to you as necessary to comply with Network Rules or otherwise address changes in the ClearEvent Application.
11. Disclosures and Notices
You agree that ClearEvent can provide disclosures and notices regarding the ClearEvent Application to you by posting such disclosures and notices on our website, emailing them to the email address listed in your Account, or mailing them to the address listed in your Account information. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
12. Penalties or Fines
You acknowledge that you are also responsible for any penalties or fines imposed on ClearEvent or directly on you by any Payment Network or financial institution as a result of your activities.
13. Email Communication Tools
If you elect to use the Email communication tools within the ClearEvent application, you warrant and agree that you will not send commercial or other messages to any or third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the ClearEvent Application you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing and email practices.
14. Violation of Terms of Service
We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that ClearEvent has no obligation to prescreen or monitor your access to or use of the ClearEvent Application or any information, materials or other content provided or made available through the ClearEvent Application, but has the right to do so. You hereby agree that ClearEvent may, in the exercise of our sole discretion, disable part or all of the ClearEvent application, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.
15. Account Closure
You are solely responsible for properly closing your account. As a security precaution, an email or phone request to close or make changes to your account may not result in closure. You can close your account at any time from the "My Account" page.
Any closure of your account will result in the deactivation of your account, and the removal of all content in your account. This information can be restored by request of the Account Owner to ClearEvent for a 14-day period. Closed accounts cannot be recovered or restored from ClearEvent following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
If you wish to continue using your account through the end of a billing cycle, please do not close until the billing cycle is completed.
CLEAREVENT, IN ITS SOLE DISCRETION, HAS THE RIGHT TO SUSPEND, LIMIT SERVICES OR CLOSE YOUR ACCOUNT IF YOU BREACH THESE TERMS OF SERVICE.
17. Modifications and Changes
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ClearEvent Application (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.
Prices of all ClearEvent Application subscription plans, service charges and transaction fees are subject to change. If ClearEvent does for any reason have to remove the plan you are on or require an upgrade to a different plan, we will provide you with at least six (6) months notice via email.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the ClearEvent Application.
18. Changes to Terms of Service
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the ClearEvent Application. Your continued use of the ClearEvent Application following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current ClearEvent Application, including the release of new tools and resources, will be subject to these Terms of Service.
19. Intellectual Property and Content Ownership
We claim no ownership rights over the content submitted or created exclusively by you in your Event. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the ClearEvent Application to you.
The contents of the ClearEvent Application are copyrighted under the copyright laws of Canada, the United States and any other jurisdiction where ClearEvent is used. (© 2016 - ClearEvent Inc. ).
20. Access to your Account and Event Data
In some cases, it is necessary for ClearEvent employee to access your account and event content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing ClearEvent employees to access your account if necessary. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored where possible.
Scheduled maintenance will depend on the type of update being performed, but will be at off-peak hours wherever possible, except for emergency patches.
- Feature releases: Minimum of 48 hours’ notice. Where possible, more notice will be provided for larger releases.
- Service packs/hotfixes: Minimum of 6 hours’ notice. Longer notice will be provided depending on the severity of the issues where possible.
- Emergency hotfixes (data loss, system outage): Will be treated according to severity. In most such situations, no notice will be provided in the interests of immediate protection of customer data.
It is ClearEvent’s objective to make all customer data exportable by the customer without involvement by ClearEvent staff. At any given time, if the feature set and capabilities of the ClearEvent platform, do not support manual exporting of certain data needed by the customer, ClearEvent commits to extracting such data on request from the customer. ClearEvent requires up to five (5) business days’ to fulfill such requests.
You agree to indemnify and hold ClearEvent, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the ClearEvent Application, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.
The ClearEvent Application and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied.
ClearEvent is a distributor and not a publisher of the content supplied by third parties; as such, ClearEvent exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the ClearEvent Application. Without limiting the foregoing, ClearEvent specifically disclaims all warranties and representations in any content transmitted on or in connection with the ClearEvent Application or on sites that may appear as links on the ClearEvent Application, or in the products provided as a part of, or otherwise in connection with, the ClearEvent Application, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by ClearEvent or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, ClearEvent does not warrant that the ClearEvent Application will be uninterrupted, uncorrupted, timely, or error-free.
23. Limitation of Liability
ClearEvent will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the ClearEvent Application, whether or not ClearEvent is advised of the possibility of such damages. You acknowledge and agree that ClearEvent's maximum liability to you will not exceed the amount you have paid ClearEvent in subscription fees in the ninety (90) days immediately preceding the date on which you first assert a claim.
To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the ClearEvent Application under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
24. Force Majeure.
ClearEvent will not be responsible for any delay or failure in any performance due, without limitation, to acts of God, war, warlike conditions, blockade, embargoes, riots, governmental restriction, labor disturbances, unavailability of anticipated usual means of supplies, transportation or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond its reasonable control.