Clever Closet

Terms of Service

Effective date: · Last updated:

These Terms of Service (the "Terms") form a binding agreement between you and Clever Closet ("Clever Closet," "we," "us," or "our") and govern your access to and use of the Clever Closet website and mobile application (collectively, the "Service"). By creating an account or otherwise using the Service, you agree to these Terms.

Please read §9 (Dispute resolution) carefully. It requires disputes to be resolved through binding individual arbitration and waives your right to participate in a class action, subject to a 30-day opt-out procedure.

1. Acceptance of terms and eligibility

2. Your account

3. Acceptable use

When using the Service, you agree not to:

4. Intellectual property

4.1 Our rights

The Service — including all software, text, graphics, logos, archetype framework, quiz content, and compiled archetype results — is owned by Clever Closet or its licensors and is protected by copyright, trademark, and other intellectual-property laws. "Clever Closet" and the Clever Closet wordmark and monogram are trademarks of Clever Closet. Nothing in these Terms grants you any right to use our trademarks without our prior written permission. The archetype framework itself — its structure, categorization, and interpretive commentary — is a proprietary work of Clever Closet. All rights not expressly granted to you in these Terms are reserved.

4.2 Your content

You retain all rights in any content you upload to the Service, including your avatar image ("User Content"). By uploading User Content, you grant Clever Closet a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and transmit the User Content solely as necessary to operate and provide the Service to you. You represent that you have the rights necessary to grant this license and that your User Content does not infringe the rights of any third party.

4.3 DMCA / copyright takedown

Clever Closet complies with the U.S. Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, send a written notice to legal@clevercloset.app that includes:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you claim has been infringed.
  3. Identification of the material you claim is infringing and its location on the Service (URL or other sufficient detail).
  4. Your contact information (address, phone, email).
  5. A statement, under penalty of perjury, that you have a good-faith belief that the contested use is not authorized by the copyright owner, its agent, or the law, and that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.

We will respond to valid notices in accordance with the DMCA, which may include removing the allegedly infringing content and forwarding the notice to the user who uploaded it. Repeat infringers may have their accounts terminated. Counter-notices may be submitted to the same address and will be handled per 17 U.S.C. § 512(g). Knowingly submitting a false notice or counter-notice may expose you to liability for damages.

4.4 Feedback

If you send us ideas, suggestions, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without attribution or compensation to you. You remain free to use the same ideas yourself.

5. Service modifications and termination

6. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

The archetype framework, quiz results, and any style-related commentary or recommendations are provided for entertainment and reflective purposes only. They are not medical, psychological, therapeutic, financial, or professional advice, and should not be relied on as such. Your style choices are yours.

7. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEVER CLOSET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In those jurisdictions, the above limitations apply only to the extent permitted by law, and nothing in these Terms limits any liability that cannot be limited under applicable law (including, for consumers in those jurisdictions, liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation).

8. Indemnification

You agree to defend, indemnify, and hold harmless Clever Closet and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your use of the Service, (b) your violation of these Terms, (c) your User Content, or (d) your violation of any law or the rights of a third party.

9. Dispute resolution

9.1 Informal resolution

Before filing a formal dispute, you agree to try to resolve it informally by contacting us at legal@clevercloset.app and giving us at least thirty (30) days to respond. We encourage you to include your name, a description of the issue, and how you would like it resolved.

9.2 Binding individual arbitration

If the dispute cannot be resolved informally, you and Clever Closet agree to resolve it through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted in English, in Delaware or another mutually agreed location, or by video conference where available. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that the enforceability of §9.3 (Class-action waiver) shall be decided by a court.

9.3 Class-action waiver

You and Clever Closet agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this waiver is found to be unenforceable, then the entirety of §9 shall be null and void and the parties will resolve the dispute in court as provided in §10.

9.4 Exceptions and opt-out

10. Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. For disputes not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware. Nothing in this section deprives consumers of the protections of mandatory local laws in their jurisdiction of residence.

11. Export controls and sanctions

You may not use or access the Service from, or export the Service to, any country or to any person subject to U.S. sanctions or export controls (including those administered by the U.S. Office of Foreign Assets Control and the U.S. Bureau of Industry and Security). You represent that you are not located in, under the control of, or a national or resident of any such country, and that you are not on any U.S. government restricted-party list.

12. Force majeure

Clever Closet will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, labor disputes, government action, pandemic, infrastructure failure, power failure, or disruptions to the internet or to cloud-hosting providers.

13. Electronic communications

By creating an account, you consent to receive communications from us electronically — including account notices, transactional messages, and legal notices — at the email address associated with your account or through in-Service notifications. Electronic communications satisfy any legal requirement that a communication be in writing. You are responsible for keeping your contact information current; you may update it at any time from within the Service.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (for account holders) and by updating the "Last updated" date above at least thirty (30) days before the changes take effect, except where a shorter period is required by law or by a security concern. Your continued use of the Service after a change becomes effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you may delete your account before they take effect.

15. Miscellaneous